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almost_there

? about perjury

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If a person were to keep insisting that an account is not theirs and then winds up in court over the matter, would saying "mot mine" in court be committing perjury? Not that I plan to do this, but I am curious because of all those accounts that are mine but were not validated. If I threatened to sue the CA's or the CRA's for keeping them on my files, would I need to admit that they are mine in court? Just wondering how a situation like that would work. I know alot of people here have sued and won, but what did you tell the judge if asked "is this your account?" :?

Or... if the suit is about FDCPA violations, can the judge even ask you if the account is yours because you're not the one on trial? I've been thinking about this topic for a couple days now. Anyone have any insights on this?

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If I threatened to sue the CA's or the CRA's for keeping them on my files, would I need to admit that they are mine in court? Just wondering how a situation like that would work. I know alot of people here have sued and won, but what did you tell the judge if asked "is this your account?" :?

You would say "I honestly don't know, that's why I have requested proof of this, I can't remember having this account".

Or... if the suit is about FDCPA violations, can the judge even ask you if the account is yours because you're not the one on trial?

FDCPA violations has nothing to do with whether or not the debt is valid, it only has to do with the way it's being collected on.

Check this from Spears v. Brennan

Spears was not required to invoke his rights under the FDCPA during the course of the debt collection claim or risk waiving those rights altogether. An FDCPA claim “has nothing to do with whether the underlying debt is valid. An FDCPA claim concerns the method of collecting the debt. It does not arise out of the transaction creating the debt[.]” Azar v. Hayter, 874 F. Supp. 1314, 1318 (N.D. Fla. 1995) (refusing to find waiver of FDCPA claim as compulsory counterclaim to state court action on the debt because claim “does not arise out of the transaction creating the debt, and thus was not a compulsory counterclaim under state law in the action to collect the debt.”),

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I just wouldn't answer directly - say something like, "well, your honor, I'm trying to determine if this is my debt through proof".

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I said 'I honestly do not recall if this debt is mine. That is why I asked the CA to provide me with a copy of the original signed contract, which they have not yet done!'

Then the CA pulled out cancelled checks and that is where I am at right now. Have to go back on Nov. 17! I told the CA that the checks weren't proper validation and that is when he started in on that they didn't even have to validate! God I hate that lawyer, he is an arogant pompous a$$! :evil:

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