Capepuffin Posted April 8, 2003 Report Share Posted April 8, 2003 Going to court WED. I have a feeling that this debt will be verified. If it is not validated the judge will probably side with them. Also, in my Fed case against them, I do admit to this debt. Even though it is a totally seperate case. They can bring this fact up in court on Wed. I don't know if they are stupid enough to do that though because if they do, it is another violation regarding the FED case. Anyways I am so confused that my head is spinning (not to mention looking at swede suckin down all of those brews!)So how should I handle a settlement? And if I do settle, does that mean that they can't get a judgement against me if I pay them?Any suggestions on wording in a settlement offer that I need to be aware of? Link to comment Share on other sites More sharing options...
morrow Posted April 8, 2003 Report Share Posted April 8, 2003 Capepuffin...let me tell you that you are a lot braver than I am. I couldnt even imagine taking someone to court for something like this. Im a smart person but when it comes to laws and legal stuff....I feel like a complete idiot. Im serious...ask bingo.I cant offer you any advice that will help but I can tell you good luck and I admire you for what your doin! Link to comment Share on other sites More sharing options...
Anonymous Posted April 27, 2003 Report Share Posted April 27, 2003 well, settlement depends on the collection agency and the tenure of the debt that you are with. anyway, have you heard about FDCPA, my my, all bill collectors are pretty aware of this and this law protects the debtors than the creditors or collections agencies. some questions: 1) when did the card charged off? 2) who is collecting, is it the orignal creditor (citibank, chase, discover) or is it passed on another collection agency? if thats the case,well lucky you...you know what...if your account was purchased by another collection agency that means it was bought in a much much smaller amount, really small, you know what i mean? so you can bargain 50% settlement for that. i hope i am making sense....sorry... Link to comment Share on other sites More sharing options...
bingo Posted April 28, 2003 Report Share Posted April 28, 2003 Start low at 30% or so with an idea of meeting somewhere near 50%. Give the other side some room to counter. You don't want to start at say, 50% because they promply counter with 75% or something in that area. If you setle prior to trial, it won't be a judgment. Be sure you get the deal in writing.Don't know the details of tne Fed case but, I wonder if some sort of settlement could be worked out resolving both cases? Link to comment Share on other sites More sharing options...
retmar Posted April 28, 2003 Report Share Posted April 28, 2003 Cape, you need to remember that it does not matter if a debt is valid. What matters is how the debt is collected. To me, this is the main purpose of the FDCPA. You can cite this in your defense. If I remember right, this particular comment is made by the court in Spears v. Brennan. I don't think you can, but, see if you could have it continued until your FED case is complete.[Edit by retmar on Monday, April 28, 2003 @ 06:43 AM] Link to comment Share on other sites More sharing options...
bingo Posted April 28, 2003 Report Share Posted April 28, 2003 When a creditor sues, an FDCPA violation really isn't a defense. You must do what Cape Puffin did and file your own suit alleging the FDCPA violations.I think I see what has the OP concerned. They've admitted this is a valid debt in Federal Court documents so, the lawyer in this case can just ask is this your debt? They say yes and they lose and if they deny it, and the judge rules in their favor, the lawyer can appeal based on perjured testimony.A lot of people have come to grief trying to answer a summons with FDCPA violations. Do a search for the trials and tribulations of Cyber Crusader. Link to comment Share on other sites More sharing options...
cybercrusader Posted April 28, 2003 Report Share Posted April 28, 2003 <blockquote>Originally posted by bingoA lot of people have come to grief trying to answer a summons with FDCPA violations. Do a search for the trials and tribulations of Cyber Crusader.</blockquote>Are you kidding me? I'm having a blast wrangling with all this stuff. In all seriousness, my FDCPA defense didn't do me a bit of good. Not because it was a weak defense, but because the person making the final decision (a small claims district magistrate), didn't know the difference between debt validation and a head of lettuce. I'm not sure if you've ever had your debt validated. If they never gave it to you and you asked, they aren't entitled to judgment....period. This is more rules of evidence and proof to file suit than an FDCPA issue. If they don't have the proof, they don't have anything. I made the mistake of harping FDCPA when I should have been asking..."Where's the beef?"I don't have a clue as to what happens when you admit the debt is yours. I claimed, and rightly so, that the debt is not mine.Good luck. Link to comment Share on other sites More sharing options...
Capepuffin Posted May 1, 2003 Author Report Share Posted May 1, 2003 I am going to court again tomorrow! Yippee I can hardly wait! I can all ready feel my blood pressure rising and my stress level is on overdrive! So I will do my best and hope that this Judge will understand about debt validation! The CA lawyer is so sleazy! He flat out lied about how this account was opened. He said that it was opened over the phone so that there would be NO signature on an application! He's full of sheot! This account was not opened up over the phone! I called the OC and asked for any info that they might have and of course they said the fraud dept could look into it. I don't have time for that. She did verify the fact that this account is not under my SSN. It has my name and address and birthdate but not my SSN! It also does not show up on my credit report. should I bring all 3 of my CR to court tomorrow and show the Judge that the account is not on any of them? Do you think that would help? Link to comment Share on other sites More sharing options...
kb9tbq Posted May 2, 2003 Report Share Posted May 2, 2003 Definately; but would of also helped if that customer service rep could of faxed you what she found (social security number missing). Confirmation letter stating that no the social security number is not linked to this account.Good Luck with your case. Link to comment Share on other sites More sharing options...
Anonymous Posted May 2, 2003 Report Share Posted May 2, 2003 <blockquote>Originally posted by capepuffinThe CA lawyer is so sleazy! He flat out lied about how this account was opened. He said that it was opened over the phone so that there would be NO signature on an application! He's full of sheot! This account was not opened up over the phone!</blockquote>Even if it was opened over the phone, isn't the burden on *them* to prove that you opened the account? Shouldn't they be responsible to produce tape recording of the application etc. I can't believe the judge is just going to take their word over yours for it.Please let me know how it turns out. Good luck! Link to comment Share on other sites More sharing options...
Capepuffin Posted May 2, 2003 Author Report Share Posted May 2, 2003 Today court was a piece of cake. The CA's attorney didn't show up so I got my motion to file an answer late accepted by the Judge. The Judge was so nice to me. He said "you won" (meaning that I didn't get a Judgement filed against me and that I will get my day in court) then he said " good luck to you, you won this round, I hope that you have the same results next time!" He was awsome! I want him when I go to trial! It seemed like he knew what I was dealing with (a dirtbag credit agency) So now I wait to get a new date for my day in court. I'll keep you posted. Link to comment Share on other sites More sharing options...
calawyer Posted May 2, 2003 Report Share Posted May 2, 2003 What a jerk the CA's attorney is. If I remember correctly, the Judge wanted to permit you to file the answer at the status conference and the attorney wouldn't agree. So you have to trek out to court again, the judge has to read the papers again, and the attorney doesn't show.Anyway, congrats on your first victory. Go get another! Link to comment Share on other sites More sharing options...
Capepuffin Posted May 2, 2003 Author Report Share Posted May 2, 2003 I totally agree! I was talking with my DH about just that! What a waste of time for the Judge and me! But the lawyer probably figured that it would be accepted anyways so why bother to show up! He is definately a jerk. Last time the lawyers cell phone went off in court and it played the stupidest, annoying song. I thought that was pretty rude! I and my DH were laughing because it really was pathetic! [Edit by capepuffin on Friday, May 2, 2003 @ 04:03 PM] Link to comment Share on other sites More sharing options...
kb9tbq Posted May 3, 2003 Report Share Posted May 3, 2003 capepuffin Congrats on your first round Best of luck dealing with this agency. Link to comment Share on other sites More sharing options...
calawyer Posted May 4, 2003 Report Share Posted May 4, 2003 I had a case in Florida recently and the Judge told me he threw an attorney in jail because his phone went off in Court. From now on I'm leaving mine in the car. Link to comment Share on other sites More sharing options...
admin Posted May 6, 2003 Report Share Posted May 6, 2003 LOL!!! (Actually, I would like to see that happen more often. My top choice would be people who let their phones ring in movie theaters - AND ANSWER THEM!!) Link to comment Share on other sites More sharing options...
cookiemnster Posted May 6, 2003 Report Share Posted May 6, 2003 <blockquote>Originally posted by calawyerI had a case in Florida recently and the Judge told me he threw an attorney in jail because his phone went off in Court. From now on I'm leaving mine in the car.</blockquote>My Legal Procedures prof told us his went off once during voir dire.He said, coincidentally, that he lost that case. LOL. Link to comment Share on other sites More sharing options...
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