Capepuffin Posted January 25, 2003 Report Share Posted January 25, 2003 Right now I am dealing with Atlantic Financial Credits(AFC)attorney. They are suing me (or trying to!) My questions is 1. I have asked their lawyer numerous times for proof that this is my debt. I do everything certified. I requested that the original credit application with my signature on it be sent to me. They have sent me credit card statements but not the original application with my signature. However, I have been harrassed to no ends even losing my job because the CA kept contacting my employer. Anyways thru all of this harassement I found out that this account was opened under my fathers ss# and not mine. We have the same name. When I filled out the application years ago it was a preapproved application. All I had to do was sign my name. I never knew until just recently that this was the case. So what should I do? I want to sue them for all of the harrassement but I don't know where to start really. If this account is not under my ss# do I still have to pay? Now they claim that I used my fathers ss# with full intention of opening this account. That is not true. This CA even tried to take money out of my checking account without my permission. I have the photocopied documents from my bank. They have virtualy destroyed my life and I am very angry. Please help! [Edit by capepuffin on Wednesday, March 12, 2003 @ 09:06 PM] [Edit by capepuffin on Wednesday, March 12, 2003 @ 09:07 PM] Link to comment Share on other sites More sharing options...
Anonymous Posted January 26, 2003 Report Share Posted January 26, 2003 I am investigating the occurrences of some unauthorized phone-check withdrawals from my checking account back in April and May 2001 by some CA or someone representing a couple of CAs. We were moving in May 2001 and had a lot of things going on so my wife and I aid less attention to the accounts than we should have then. After I got into some problems with a CA or three about one legitimate debt and two fraudulent debts (false credit card application = ID theft) I began to look and behold there are some checks during those mouths to some unknown accounts that we never authorized. I have no idea how these checks were authorized or by whom and the method they used to get the withdrawals by phone-check, but it ‘s there in my statements. I think my wife made a phne-check to someone believing they represented a firms we were usng in connection to our move, but can’t be sure until I see all the evidence. Link to comment Share on other sites More sharing options...
bingo Posted January 26, 2003 Report Share Posted January 26, 2003 They are not required to send you any orginal documents. Copies of documents are acceptable.What do youmean by the statement "suing you or trying to sue"? Link to comment Share on other sites More sharing options...
Capepuffin Posted January 26, 2003 Author Report Share Posted January 26, 2003 Yes, I know that they will only send copies of documents. But they have not sent me anything with my signature on it. Its been 4 months since I asked them to validate. I wasn't sure if they are suing me because none of the lawyers documents has a docket # on it. I recieved a letter yesterday and it Does have a docket # on it. I am about to send another validation letter tomorrow. I am dealing with the CA's lawyer so in this letter I am including all of the sections that the CA has violated. From my understanding They can not sue you unless they validate that this is actually my account. Is this correct? Link to comment Share on other sites More sharing options...
bingo Posted January 26, 2003 Report Share Posted January 26, 2003 They can sure sue you. If you demand validation, they are suppose to stay legal proceedings until they validate but nothing says they can't sue.Call the courthouse tomorrow and find out if a lawsuit has been filed. Link to comment Share on other sites More sharing options...
Capepuffin Posted January 27, 2003 Author Report Share Posted January 27, 2003 Thanks Bingo! I will call tomorrow. What if they don't get validation? Its been 4 months and still no validation. From my understanding statements are not validation. Also, do I counter-sue them or file a completely seperate suit against the CA? Iv'e been talking to lawyers for months but not one was interested in persuing this case. One was, but said it would be exspensive. I have proof that the CA violated my rights in every conceivable way. Now that I found this forum,I'm sure that I am going to sue them. I got the name of a Lawyer in my area from Daniel Edelman in IL. I wish he was in my state. Anyone know any lawyers in Mass. Please let me know. Thanks everyone for your advice and support! Link to comment Share on other sites More sharing options...
Anonymous Posted January 27, 2003 Report Share Posted January 27, 2003 Are you sure the name is Atlantic Credits Finance? I had trouble with a company called Atlantic Credit and Finance out of VA. I contacted the Attorney General for VA. They are working on getting me a letters from the Attorney General Office stating this company has had numberous violations of the FDCPA and refuse to answer complaints against them. Maybe a letter of this sort would help you if you do end up in court. Link to comment Share on other sites More sharing options...
Capepuffin Posted January 27, 2003 Author Report Share Posted January 27, 2003 Yes their name is Atlantic credit and Finance, Inc. In Roanoke VA. I am seeing a lawyer tomorrow who works on a contigency basis. If you want ACF's name and address and number I can give it to you. I just have to go find it. Link to comment Share on other sites More sharing options...
Capepuffin Posted January 27, 2003 Author Report Share Posted January 27, 2003 Yes if you find any thing out or get any letters please let me know. Thanks! Link to comment Share on other sites More sharing options...
IronMan Posted February 1, 2003 Report Share Posted February 1, 2003 To answer the inital question of HOW DOES THE CA PROVE A DEBT IS MINE?For verification, all the CA has to do is contact the OC and match your ID info (NAME/DOB/SSN/ADDRESS, ETC), account information, and an itemized account history for payments billed for and received.For validation, they don't do squat. This is why you have to write the validation letter yourself and get the specifics requested. This builds and supports your case for dispute, and basically use this info against the CA and CRA's for deletion or modification. They must provide you with a copy of any signed contracts, receipts, cancelled checks, etc that tie you to that debt. If they are suing you in leiu of validation or verification while you are disputing this 'alleged' debt, that's a big NO-NO. They can't use or threaten to use judicial action to compel you to pay. This happens more often than you think.If this CA or CA Attorney is suing you, check your state civil procedure and/or rules of court to verify if an assignee is allowed to bring forth any action in the court. In some states, only the original creditor may do this. Only exception is what you signed on the contract regarding assigns and the rights thereof. If they are precluded by law, state such in your answer and that should be all you need. If the SOL have run on this, use that as a second argument.Too bad the OC sat on their rights.You may be able to counter-sue within the same action (check your local court rules). You need to go to courthouse and get a copy of the file or at least the claim, order and other related filings to get a heads-up on what they're claiming. This will further help your defense.Good Luck!!! [Edit by IronMan on Friday, January 31, 2003 @ 05:12 PM] Link to comment Share on other sites More sharing options...
Capepuffin Posted February 1, 2003 Author Report Share Posted February 1, 2003 Thanks for the info. Ironman. I called the court and there is a docket # for this case but no date has been set. I will go to the court and get a copy of the file too. They definately have not validated this account. The first time I asked the CA for validation they said that they could not get the document w/my sig. because it was in some main facility with hundreds of thousands of other documents. What the heck does that mean! I spoke with an attorney and he definately agrees to sue the CA. But this would be completely seperate from the case that the CA is bringing against me. One more question: This account has both my and my wifes name on it. How come they aren't suing my wife too? Only I am listed on the lawsuit. Any ideas? Link to comment Share on other sites More sharing options...
Anonymous Posted February 1, 2003 Report Share Posted February 1, 2003 Atlantic Credit & Finance 4415 Pheasant Ridge Rd. Suite 103 Roanoke, VA 24014-5275United States Tel: 1-540-772-7700 Link to comment Share on other sites More sharing options...
retmar Posted February 4, 2003 Report Share Posted February 4, 2003 Just some input for you about Electronic Debits to your checking accounts. You have up to 60 days to stop payment on this type of debit. All you need is a good, solid reason, such as UNAUTHORIZED. Check with your bank and check their policies. We had a problem with a telemarketer who somehow got our number. We were unaware of this until we went to bank to get copies. The Manager told us about it. There is usually a charge for this and it can take a couple of days to get your money back. We got ours with no problem and never heard from the marketer again. Now, if it includes a garnishment I'm not sure, so be sure and clarify with your bank. Let us know what your bank said. Link to comment Share on other sites More sharing options...
Capepuffin Posted February 4, 2003 Author Report Share Posted February 4, 2003 I went to the bank immediatly after the withdrawl and the money was returned to my account. There are no garnishments involved in my case. I hope that I can use the copies of the UNUTHORIZED check I got from my bank as evidence against the CA. How does the CA prove that I gave them permission to withdraw funds from my account? Does the judge just beleive my word when I say that I never gave them permission to withdraw from my account? Link to comment Share on other sites More sharing options...
123rich Posted February 4, 2003 Report Share Posted February 4, 2003 <blockquote>Originally posted by bingoThey are not required to send you any orginal documents. Copies of documents are acceptable.What do youmean by the statement "suing you or trying to sue"?</blockquote>I spoke with Ex this morning and they told me that they would not send me anything on thier investigation unless a court ordered them to. Whats the deal with that? Am I not entitled to know how they are verifying accounts that I claim are not mine? Dont I have the right to know what it takes for them to put a neg on my report? Link to comment Share on other sites More sharing options...
demoncasterouter Posted February 4, 2003 Report Share Posted February 4, 2003 capepuffin,I suggest that you:1. Go TODAY and close your acct at your bank. 2. Go to another bank w/ a different name, and open another acct there.3. Go down to the US district court in your area and pick up a "pro se" packet, and begin your psaperwork for a lawsuit.If you need help, email me at demoncasterouter@yahoo.com Link to comment Share on other sites More sharing options...
Capepuffin Posted February 4, 2003 Author Report Share Posted February 4, 2003 I am going to the court house today to file a motion to answer a complaint late. So I will ask them for the paper work that I need. They are all ready suing me, so do I counter sue them? Thanks for the info. Link to comment Share on other sites More sharing options...
demoncasterouter Posted February 4, 2003 Report Share Posted February 4, 2003 See my post below, I messed up b/c I thought Atlantic was the CA. (Sorry)[Edit by demoncasterouter on Tuesday, February 4, 2003 @ 02:21 PM] Link to comment Share on other sites More sharing options...
bingo Posted February 4, 2003 Report Share Posted February 4, 2003 Whoa Demoncasterouter. That's not true. You can be sued at any time. There is nothing in the FDCPA that says a creditor can't sue. Sprouse vs City Credits is an excellent example. They really should stay the action until they validate but, they can sure file the suit. Link to comment Share on other sites More sharing options...
demoncasterouter Posted February 4, 2003 Report Share Posted February 4, 2003 Let me clarify (I had to go somewhere right quick). 1. The OC can sue at any time. They do not have to provide anything. they are only bound by the FCRA, and the FCBA.2. A CA MUST provide validation once it is requested by the debtor BEFORE they can proceed w/ further action (further reporting, filing a suit, etc.).3. A lawyer who is retained by the CA to collect on this debt, who regularly engages or has employees who regulary engage in debt collection, can sue if you have not requested validation from them within the validation period. BUT, the CA has UNlawfuly retained the lawyer to file against you IF you have requested validation and they have not provided it.What it sounds like to me is just like #3, that the CA has retained a lawyer to sue without providing the requested validation. THAT is a violation in and of itself, and cannot be done. Link to comment Share on other sites More sharing options...
demoncasterouter Posted February 4, 2003 Report Share Posted February 4, 2003 OK, yes the OC can file against you. So, I would:1. Close my bank acct.2. Go to a different bank w/ a different name and set up my new acct there.3. Go down and make your answer. 4. Sue the CA for attempted further action (trying to get into your bank account) without validating. They are liable for this.Remember, an OC CAN be held responsible for their CA's actions. The CA was not allowed to continue collection until validation was provided. Link to comment Share on other sites More sharing options...
Capepuffin Posted February 4, 2003 Author Report Share Posted February 4, 2003 Just to clarify, I am dealing with a CA(Atlantic), NOT the OC. This CA PURCHASED this debt from another CA. I did file my late answer with the court today and it was excepted. So now they can't win by default. Whew! Thanks for all of the info guys! It's greatly appreciated! Now time to do more research! Link to comment Share on other sites More sharing options...
IronMan Posted February 4, 2003 Report Share Posted February 4, 2003 Make sure to research your state's civil procedure and rules of court to see if they (CA) are able to bring about the action. All you have to do is walk into court and motion to dismiss their action based on Plaintiff's lack of standing and cite the code section. If that's the case, you can say that they are using the court to harass you since they should know (being CA Attys) that they have no standing to bring forth the action. Might help get punitives against them too.You should be able to have a counter-suit within this same action. You can also ask the court for injuctive relief to get the item(s) off of your credit report as well.Preparing some sort of brief for both actions is advisable.Good Luck! Link to comment Share on other sites More sharing options...
demoncasterouter Posted February 5, 2003 Report Share Posted February 5, 2003 There is no counter suit then. They bought the debt. So, Atlantic is the CA even if they bought the debt. They are bound by the FDCPA (there is an FTC letter that explains this), and they have filed a suit against you illegally.Now, since you've already filed your answer, at the pre-trial, file a motion of dismissal based on, like I said before, that they cannot file against you because they have not validated the debt (see FDCPA under the heading of unfair practices- "threatening to file suit when the CA cannot lawfully do so at the time"). File your own suit (it won't be a counter suit since they can't go through with it), site their violations, and don't settle for anything other than $1000 and a deletion. Have you read Brennan vs. Spears yet (Indiana Court of Appeals)? This is a carbon copy of that case! [Edit by demoncasterouter on Tuesday, February 4, 2003 @ 05:30 PM] [Edit by demoncasterouter on Tuesday, February 4, 2003 @ 05:50 PM] Link to comment Share on other sites More sharing options...
bingo Posted February 5, 2003 Report Share Posted February 5, 2003 I disagree with this advice. The lawsuit filed by the CA and any FDCPA violations are 2 separate issues. If you don't respond to the lawsuit you will lose by default. FDCPA violations don't cancel out the debt. They are separate issues. There is nothing in the FDCPA that prohibits anyone from filing a lawsuit at anytime. I'd also point out that Spears vs Brennan is binding only on lower courts in Indiana.There are 2 threads going here where people have been sued and responded with FDCPA violations and other motions. One is the small claims thread where a lawyer is nowgoing for a summary judgment. The other is in a validation thread where a lady filed various motions about service and validation and even sent a copy of the divorce decree to the court. She got a summary judgment returned against her.If you have FDCPA violations then crossfile but you better respond to the lawsuit. Link to comment Share on other sites More sharing options...
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