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Collection Agency Paid Me $1.5K to Make Me Go Away


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Seems like it's been a good couple of weeks around here!!!!

DEBT COLLECTORS: ZERO ---FORUM MEMBERS: 4 AND COUNTING!

It's official. An ongoing legal battle I’ve had with a CA has resulted in a withdrawal/dismissal of all claims! In addition, they've paid ME $1,500 as settlement (cha-ching!).

Thanks to ALL for your great contributions (but especially Swede, admin, bingo, calawyer, Cookiemnster, Buzz-saw, LadynRed, and Ironman). You may or may not have directly responded to my posts, but I've been busy reading what YOU'VE been posting! :)% I am truly grateful to have found this site. It IS possible to defeat a CA in court……and damn it feels good!

A LITTLE BACKGROUND

The original suit was filed against me in small claims...where I LOST. The dumb a$$ magistrate ruled against me even though the CA had no valid proof. I even presented the court with a small phone book sized packet of court cases, FDCPA rules and FTC opinion letters!! His one sentence ruling stated: “Based on the testimony and evidence presented here today, it’s clear that judgment should be entered for the Plaintiff. Of course, knowing what REAL validation is, I immediately appealed.

On appeal, it was obvious that they had nothing but smoke and mirrors as proof. Their only evidence was a few internally generated documents and an affidavit of lost note, an affidavit signed by a prior CA and an illegible, unsigned photocopy of a CC agreement dated NINE YEARS AFTER THE ALLEDGED ACCOUNT WAS SUPPOSEDLY OPENED!!! (Talk about a reach!). They had NOTHING from the OC. They could not prove one charge, one payment or even that the SOL had NOT expired.

They were so desperate that they sent ME a request for MY checking account information, copies of MY CC statements and any and all payments that I allegedly ever made to the OC (hell would’ve froze over before I sent them any of that stuff....even if I had it!!!!) I was just about to make a motion for summary judgment when the dismissal offer came in. I said, sure.....for $5,000 bucks! We eventually settled on the $1.5K. (Incidentally, would have loved to continue the suit and pound them silly, but counsel isn't cheap and there are NO guarantees.)

Their case was a bunch of hot air and intimidation tactics (such as the filing of an alternate count of unjust enrichment when I didn’t bite at THEIR original settlement offer). I knew they were bluffing the moment I served them with the appeal papers because they immediately tried to settle with me for 10% of the suit amount (which was real close to the $1,500 bucks they paid me…hahaha.). I also filed a motion to have the case dismissed, but the court refused (why, I have no idea).

The whole tide turned in this case when I filed counterclaims for FDCPA violations against the CA and the CA's attorney personally. Once the counterclaims were filed and served, it was a matter of days until it was all over. (This whole thing went on for nearly 11 months).

Anyway, I am certain that this “bottom feeder” CA never intended the suit to go past small claims. While they may have bamboozled the small claims judge into accepting their pitiful evidence, they failed in a court of record.

Now, we'll see if the CRA's still want to claim the debt is verified after I send them some court documents....... :D

Wow!!!!! Congratulations.. I think its GRRRRRREAT!! It's like yeah maybe you were joking when you told them "Yeah I'll send it to you CROOKS for $5grand." they took you seriously..hahhaahhahahahha that's real Cha ching.

Thanks for sharing. You all motivate me. I enjoy reading the posts on here. I'm learning so much. At first when I stumbled upon this site from a story on MSN home page. I was feeling so miserable but reading the stories and I purchased the credit info download of all the forms and it has really helped me not to be scared. Thanks for sharing that story.

Starstruckdiva

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  • 2 months later...

I'm at the close of two settlement offer's

1) Asset Acceptence has a offer on the table to settle for complete removal but in the offer letter it says $1.00 but there is no timetable for the submittal of the CUD and i'm not sure if I need to have a time table from them to submitt to the CRA's in writting or should I go ahead and settle for just the deletion or as I'm thinking of doing is to refile in Federal court and try to win ($5000.00 with deletion) for the violations.

2) CBCS is reporting a tradeline and I also have more than 5 documented violations against them but thier lawyer is saying she has the power to settle for $300.00 but she doesn't know what I want. I countered with $650.00 and a complete deletion and NOT to sell my account to anybody else, she has asked me to send her my documents to show they are reporting it on my credit. she keeps denying they have my account. as of today they are still reporting it on my EQ REPORT I called the CA and of course they said my account was recalled by the OC and they don't have the account any more. I called the OC and they have no record of my account.

I think I will file a motion to move to Federal court a couple of days before the court date just to cost them more money in attorny's fees and raise the amount of the complaint from the current $1000.00 to $5000.00 and see if they still want to act ignorant to the facts any longer. it will cost them that much just to keep this 'BULLDOG' on the payroll to fight this.

the thing about it is if they would just agree to go away now it would all work out great. but I have all the time in the world to wait this out

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  • 2 years later...
Hey CC

That's awesome!!!!

I'm curious as to what claims you made against the attorney, you know FDCPA. .... I bet that's what got their attention, !!!!

What did you say, something like," Hey Mr. Debt Collector/Attorney just for your information now that you won this lawsuit not only do I have you on some obvious FDCPA VIOLATIONS, but I also have some case law here that states attorneys funtioning as debt collectors can be personally sued for FDCPA violations, shame on you, I'm sure the FTC will be interested in all this hard evidence I have right here!!!. Hummm, I wonder what the BAR will say about this. "

Anyhow, so what FDCPA violations did you have them on???

Could you please let me know what case law states that attourneys cannot function as debt collectors? I have recently been sent a dunning letter from a couple attourneys trying to collect a debt. The case law could be useful in case it ever goes to court :)

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