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Small Claims Dismissed!!


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About 2 months ago I was trolling around here for some

guidance/research in order to prepare for a small claims case that was

filed against me in MA. It was brought forth by an attorney for Creditrust

which apparently owned a debt of "mine?" from Discover.

My dumb@ss missed the first court date - I showed up the day after

small claims. But I was able to get the default judgement turned around

and had my day in court yesterday. What's interesting is that the attorney

who was suing me is not the one to show. There's an attorney in the

court that represents almost all out of town attorneys.

Lucky for me he was a nice man and not pushy at all. I didn't have to do

a thing, didn't even have to show a lick of "proof." I told him that the debt

wasn't mine and that the attorney suing me refused to provide any

information. Also, about 2 months ago I called Creditrust and Discover

to inquire about the debt and 1 month ago it was miraculously removed

from my credit report without my having to jump through the usual hoops

that I've read about on these boards.

Anyway, this is a long roundabout way to say THANK YOU to the folks

that provided guidance here. I was prepared yesterday in the event that I

would have to defend and I feel much more comfortable with the whole

process now. There are a couple of little things on my credit report

which I am working on getting corrected, and I just may now consider

turning around and suing the attorney who initiated the claim.

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  • 1 month later...

I went to small claims over an 11 year old debt. I have Platinum Financial Serv, collecting for Chase. Anyway, the attorny representing this outside attorny, came to me and stated that I had 3 options. The one and only one he gave me was to make arrangements for payment. I stated I was not going to pay, because the sol had run out. He told me I was treading on thin ice.

We went before the judge, and he stated I was steadfast in going to trial. The judge looked at me and smiled. I had all the information in front of me and tried to get the judge to look at it, because I know he could have dismissed it right then and there. But, no, he wouldnt look. Set a trial date for 7/22/03

Then the attorney turned to me and stated I should send my information to the Kansas City attorney so they would know. I looked at him and stated, "If you or the judge will not look at my information, then I guess I'll waste the kc attorneys money, my time,your time, and the judges time and I'll file a counter claim for breaking the FDCPA." The judge looked at me as if I were stupid.

Oh well, they will find out!

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<blockquote>Originally posted by insider

I went to small claims over an 11 year old debt. I have Platinum Financial Serv, collecting for Chase. Anyway, the attorny representing this outside attorny, came to me and stated that I had 3 options. The one and only one he gave me was to make arrangements for payment. I stated I was not going to pay, because the sol had run out. He told me I was treading on thin ice.

We went before the judge, and he stated I was steadfast in going to trial. The judge looked at me and smiled. I had all the information in front of me and tried to get the judge to look at it, because I know he could have dismissed it right then and there. But, no, he wouldnt look. Set a trial date for 7/22/03

Then the attorney turned to me and stated I should send my information to the Kansas City attorney so they would know. I looked at him and stated, "If you or the judge will not look at my information, then I guess I'll waste the kc attorneys money, my time,your time, and the judges time and I'll file a counter claim for breaking the FDCPA." The judge looked at me as if I were stupid.

Oh well, they will find out!

</blockquote>

It is called disclosure and they have the right , as do you, to see any info/evidence pertaining to your case. I'm going through a similar situation as you (being sued!) Keep us posted on your case and good Luck! :)

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Hey capepuffin Thanks for good luck. The DA gave me the option. By state law, I dont have to disclose it. He just suggested it.

I went ahead and sent a very threatening letter to the attny and Platinum Financial. I quoted my civil code for sol and went onto tell them exactly what I had to prove my claim. I threatened like this:

If you persist in the continuance of this civil suit, you will be in violation of multiple criminal as wellas civil laws, which are specifically designed to protect the consumer against such fraudulent acts. Continued actions on behalf of collection agencies beyond their legal collection date may be construed as extortion; equally inclusive fraud.

I went on to state I was suing their client, Platinum for multiple violations of the FDCPA. I sighted each section. My closing paragraph went like this:

"In closing, please be informed that I am prepared to pursue this matter further should your actions persist! As a result of your present actions, I am filing a report with the proper authorities, informing them of your blatant and illegal threats."

I cc'd ag in Mo & Md, BBB, and Missouri State Bar Association. I am hoping it will scare them enough to drop the suit. I still fully intend on taking them to court.

Also, Good luck on your case as well. Keep me informed on yours too!!!

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The letter sounds great! I hope they drop it...but if they don't you go nail them! I talked to my attorney today. She sent the CA's attorney a settlement letter because they want to settle. The CA hasn't responded yet but their attorney said that they won't go for the amount we offered. I don't even really care about the money. I want to put these people out of business or at least make sure that they follow the FDCPA! I wish I could watch them sweat over this lawsuit. I have hard evidence against them and they know it!

My attorney mentioned something about them going for a summary judgement. I am not sure what exactly this is but she said they would be prepared. I think that it means they will try to get some of the counts against them dropped. She said it would be a couple more months! Its all ready been 4 months. So I guess i'll just have to wait to hear if anything is going to happen.

Keep me posted ok? :)

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<blockquote>Originally posted by capepuffin

My attorney mentioned something about them going for a summary judgement. I am not sure what exactly this is but she said they would be prepared. </blockquote>

If you have legitimate disputes and can proove them, they will (should) fail in a request for summary judgment (I was in similar situation). Here's a quip and analysis from a legal website:

SUMMARY JUDGMENT - A decision made on the basis of statements and evidence presented for the record without a trial. It is used when there is no dispute as to the facts of the case, and one party is entitled to judgment as a matter of law.

"Analysis: In theory a request for Summary Judgment is made when there is no dispute as to issues and the law is being properly stated and applied. In fact, there is virtually always dispute as to issues in these matters, or else the case would be settled between parties and they wouldn't need to make this presentation to the judge. Additionally, a request for Summary Judgment requires that the law must be properly applied."

[Edit by cybercrusader on [TIME]1056462910[/TIME]]

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I hope they drop it too! I feel too confident to be comfortable.(if that sounds understandable) I am getting really nervous. I just cant believe they even tried to sue me after 11 years. I feel like Im missing a loop hole or something. Im scared that I'll lose.

I had Arches Financial call me today about an 11 year old debt too! I told them the sol had run out and to cease and desist communication. The gentleman to me "Good Luck" I am nervous that these yahoos are going to try the same thing that Platinum Financial is doing. I dont have the luxary of taking off work to go to court. You would think these people would just leave me alone after 11 years, they must be hard up for money.

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  • 2 months later...

With my case, nothing has happened yet. They offered me a settlement this past friday for $2000. Plus $5000 in attn fees. I said no way!

So my lawyer is going to court this coming week to find out if our class action lawsuit is a go. We only have 23 members of the class, so my attn wasn't sure if the judge would go forward with this or not.

I will keep you posted, hopefully something will happen soon!

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