Jump to content

I am sooo. confused please answer this for me


Recommended Posts

I dont know Admin. I just dont have the time. Between two jobs and my kids, being a single mom,, I am fearing that I am going to loose this. Also I will have to admit that this time that I have a learning disability, I cannot retain information that I read. I skip, I lose train of thought. I read this over and over and I am completely lost. I know that I have a case,,,, But I think that I failed with this discovery, I did not alot time to allow them to answer it, I did not counter claim, Tatiana sent me a great site and I was to do all this so much earlier.. I am about to throw in that towel and I hate to do that. I cannot seem to even find a lawyer, and I think when I do, they will guage me. :cry:

Link to comment
Share on other sites

Great,, great!!, Well I have been doing some thinking

I am going to send a motion for contuance, some how, my daughter's fauther is a village attorney, maybe he can file it for me. Then go pro se with all my help from you guys out there.. I think that is my best bet.

Also file a suit against the CRA and also a suit against their attorney. I am going to take a day off this week to do all this. I know that I am late for the discovery, waiting a word back from a private PM!

Keep you post lady! Thanks for your help, you to admin!

Link to comment
Share on other sites

:) this is where it says about atty fees.

The Fair Credit Reporting Act (FCRA)

§ 616. Civil liability for willful noncompliance [15 U.S.C. § 1681n]

(a) In general. Any person who willfully fails to comply with any requirement imposed under this title with respect to any consumer is liable to that consumer in an amount equal to the sum of

(1) (A) any actual damages sustained by the consumer as a result of the failure or damages of not less than $100 and not more than $1,000; or

(B) in the case of liability of a natural person for obtaining a consumer report under false pretenses or knowingly without a permissible purpose, actual damages sustained by the consumer as a result of the failure or $1,000, whichever is greater;

(2) such amount of punitive damages as the court may allow; and

(3) in the case of any successful action to enforce any liability under this section, the costs of the action together with reasonable attorney's fees as determined by the court.

(B) Civil liability for knowing noncompliance. Any person who obtains a consumer report from a consumer reporting agency under false pretenses or knowingly without a permissible purpose shall be liable to the consumer reporting agency for actual damages sustained by the consumer reporting agency or $1,000, whichever is greater.

© Attorney's fees. Upon a finding by the court that an unsuccessful pleading, motion, or other paper filed in connection with an action under this section was filed in bad faith or for purposes of harassment, the court shall award to the prevailing party attorney's fees reasonable in relation to the work expended in responding to the pleading, motion, or other paper.

§ 617. Civil liability for negligent noncompliance [15 U.S.C. § 1681o]

(a) In general. Any person who is negligent in failing to comply with any requirement imposed under this title with respect to any consumer is liable to that consumer in an amount equal to the sum of

(1) any actual damages sustained by the consumer as a result of the failure;

(2) in the case of any successful action to enforce any liability under this section, the costs of the action together with reasonable attorney's fees as determined by the court.

(B) Attorney's fees. On a finding by the court that an unsuccessful pleading, motion, or other paper filed in connection with an action under this section was filed in bad faith or for purposes of harassment, the court shall award to the prevailing party attorney's fees reasonable in relation to the work expended in responding to the pleading, motion, or other paper.

Link to comment
Share on other sites

They had permissable purpose to pull your credit. It is spelled out in the FCRA quite plainly.. FCRA Section 604

(A) intends to use the information in connection with a credit transaction involving the consumer on whom the information is to be furnished and involving the extension of credit to, or review or collection of an account of, the consumer; or

So I wouldnt try and argue that one.

Now what I would do is get the copies of the Collection agencies license requirements from IL state law and make sure you have them handy.

Then I would make sure you have the FDCPA copied and highlight what the definition of a debt collector is. My guess is they are going to try and use that they bought the account to say that they arent a CA but an original creditor. Havint this ready for the judge will shoot them in the foot.

You need to get all the information that you have and put it out in front of you.

I have ADD. My mind jumps from one thing to another so fast it isn't funny but there are times that if I lay it all out in front of me and just scan each thing, I am jumping around but its all things I need to know, understand??

I think you just need to take a deep breath and really think about what you have to do.

You REALLY need to find out if it is too late to file a countersuit. If it is, then you need to immediately((In my opinion)) go file a small claims case against them for FDCPA violations.

Since you are already in a suit there is no way that they can countersue you.

You can allege that they have no legal right to collect on the debt by the fact that they are not licensed in the state of Illinois.

Just a couple of ideas I thought I might throw your way.

I wish you LOTS of luck.

And for GOODNESS SAKE Call your Attorney Generals office and tell them about these Bozo's

Link to comment
Share on other sites

Thanks Sky Warner

I have contacted the Attorney General and the State and they are right on it. The state rep even asked me if I had already filed my complaint. They emailed me back from the AG office and they have already opened a case. hey are on their way to begin their fight with them now.

I know what you mean about the PP on my CRA but their lawyers doing so,, I am sure that the courts would find that as a Non-PP this outfit was looking fo assetss but they will be able to make something up. I will not fight that. I am looking for a win! I have filed all the paper work. I am asking for a leave to amend the complaint,, and all that stuff that should allow me to fight back.

I have struggled through my work but the people on the boards have been very helpful. I think that if you put your mind through it even with a minor setback like having ADD or an other disorder you can do it. I am very impressed with myself :)

Keep you posted on the Bozos!! and what happens to me and them!

Link to comment
Share on other sites

remember, if the CA is not licensed to do business in Ill, you make their lack of capacity a defense and make them prove they have the legal capacity to sue you. Make a pretrial motion to dismiss based on this defense. Then you will know where you stand. There is no counterclaim.

If they are collecting without a collection agency license or bond, that is an enforcement matter for the FTC and your State AG. You might also let the CRAs know there is a potential problem.

Link to comment
Share on other sites

That is a good thought,, way to go,, would that make them Permissable?

Recoverying would not be a counter suit and award costs of 2500 dollars?

735 ILCS 5/5-110

Defendent is to recover costs. If any person sues in any court of this state, in any action, wherein the plaintiff may have costs in case judgment is enterd in favor of the plaintiff and the action is voluntarily dismissed by the plaintiff and is dismissed for want of prosecution or be entered in favor of the defendant to recovr defendant's costs administrators prosecuting in the right of their testator or the plaintiff, by like process as the palintiff may had against the defendent, in case jdugment has been etnered for such plaintiff.

Link to comment
Share on other sites

No. I would say it does not

Logic dictates that if they are not licensed, they cannot pull a report. It would be safe to say you have no business relationship.

yeah, logic dictates that, but we're talking legally here, logic doesnt come into it :?

if this was me, i would be going for it and counter-claiming. but schell needs to give more weight to recoverings opinion than mine, recovering is the attorney.

Link to comment
Share on other sites

Can someone define this paragraph for me?? Something about the lawyers they do not have to licensed to collect?? So coudl not lawyers collecting for them sue?? I am just making sure that this company can't do business here

but this lawyer phrase caught me and i am trying to understand it

Link to comment
Share on other sites

Sec. 2.03. This Act does not apply to persons whose collection activities are confined to and are directly related to the operation of a business other than that of a collection agency, and specifically does not include the following:

1. Banks, including trust departments thereof,

fiduciaries, and financing and lending institutions (except those who own or operate collection agencies);

2. Abstract companies doing an escrow business;

3. Real estate brokers when acting in the pursuit of

their profession;

4. Public officers and judicial officers acting

under order of a court;

5. Licensed attorneys at law;

6. Insurance companies;

7. Credit unions;

8. Loan and finance companies;

9. Retail stores collecting their own accounts;

10. Unit Owner's Associations established under the

Condominium Property Act, and their duly authorized agents, when collecting assessments from unit owners; and

11. Any person or business under contract with a

creditor to notify the creditor's debtors of a debt using only the creditor's name.

Link to comment
Share on other sites

It basically means that a lawyer suing you for the Original creditor is exempt.

It does not mean that the lawyer working for the Debt collector is exempt.. if I am readin that right

Link to comment
Share on other sites

Guest
This topic is now closed to further replies.
 Share

×
×
  • Create New...

Important Information

We have placed cookies on your device to help make this website better. You can adjust your cookie settings, otherwise we'll assume you're okay to continue.. For more information, please see our Privacy Policy and Terms of Use.