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Court tomorrow!!!

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Hey guys....I've been lurking on here for almost a year and a half now. I have about 10 things taken off of my credit report thanks to all of the information posted on here, but I have a snag. One of my OC's is taking me to court. They did NOT validate, and the item was removed from my credit history, so now they're gonna be butt-holes and take me to court. I have kept all compies of communication from me to the OC, including, debt val. letter, and green cards. I also have made copies of the FDCPA AND OUTLINED the important stuff about it being illegal to collect and unvalidated debt. I've also printed out a copy of the Speas vs. Brennan case for a similar case reference. Can you guys suggest any other documents, or whatever that I might to produce to help me beat these suckers?

Also, what if the judge rules against me, how do I appeal? What can I expect? Thanks in advance. :D

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First, an original creditor is not bound by the FDCPA, unless they use a 'name' that infers a CA.

Example: Say Citibank uses an "internal" company called

Citi-Collections. Then the FDCPA would apply.

What you can do is demand verification of the alleged debt under standard contract law. Demand from the OC proof this alleged debt is yours.

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The OC is not subject to the FDCPA. You have to defend the lawsuit.

Issues to raise:

Were you properly served?

Is this the right court ( must be in your county)

Is the account yours?

Are there charges or other items you dispute?

Is the amount they claim valid?

--- are they trying to apply the wrong interest rate?

--- are they trying to load up the complaint with costs and fees they cannot get or cannot get iwthout permission.

Finally, use the court as a way to fashion a settlement. Be prepared to make a decent downpayment and monthly payments. Ask that interest be waived while you pay it. Agree that if you fail to make a payment they can enter judgement.

Good luck

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Maybe (hopefully) my terminology is wrong. The original "alleged" account was with a bank. The bank sent the account to a company called cash-pro which then hired an attorney once the debt came back unvalidated. So the OC is NOT taking me to court, the company Cash-Pro is. Thanks.

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O.K. guys and gals, here's how it went down. My wife and I arrived in court, and after a few minutes this atty. comes up and asks us if we are the defendants. We politely introduce ourselves and we're ask to step into a conference room. At this point in time I'm getting a real sense of urgency from him. He knows his client did NOT validate, and he knows they have violated the FDCPA so he's ready to bargain. The original debt was for 1000.00 but with interest and fees the amount is now up to 2000.00 He wants to settle for 1000.00 and mentions the reason is most likely the judge would rule in his favor for the original balance, but in my favor for the violation of the FDCPA.. I counter with 500.00, and tell him at this point my wife and I have waived counsel, but may consider counsel if they do not accept my offer. I also bring up the point that he is from two and a half hours away and that if I do decide to choose counsel that my counsel would most likely not be prepared to argue the case today and brought to his attention it would be necessary for us to set another court date and this trip would be fruitless. This guy is definitely ready to deal at this point so he calls his boss, and after 5 minutes of discussion he strolls back in and says he wants to deal but his boss won't let him. He says "we're willing to negotiate, but NOT THAT MUCH!!! So, I spoke with a friend of mine who is the D.A., showed him my documents that I had kept from the very beginning and he tells me he'll represent me for 100.00.

When we go in front of the judge, he's getting real nervous, and starts rambling about his motion for discovery, and his motion for a default judgement, and the judge tells him right quick " that I answered both his motion for disovery, and his motion for a default judgement and the judge overruled him. THen my "newly acquired atty." tells the judge he's not prepared to argue the case today, and would like to set a "negotiations" day aside in October, and a court date for November and the judge agreed to both. This means this a$$ hole has got to come back twice for a "negotiations" day, and if we can't come to a reasonable agreement, he's got to come back for a court date. My guess is they'll negotiate down to almost nothing just to prevent them from having to drive 2.5 hours one way for a "negotiations" day.

I've never felt more empowered than when I was in that court room today, and knew for a fact that I was in the right and he and the company he represents we're wrong. I LOVED THAT FEELING. :lol: 8) :D

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