Jump to content

Defense Strategies Against JDB's In Court, Anyone?


Recommended Posts

Several months or so ago someone in the forum wrote about how she successfully defended herself in court ultimately prevailing against a JDB. I cannot locate the posting, but as I recall she presented (distributed copies) certain FDCPA passages to the judge and plaintiff in regard to DV requirements, hearsay and the like ultimately convincing the judge the other side could not prove the debt merely on statements and the cc agreement, etc. Do any of you lawyers on the thread have an articulate, simple, surgical-strike success strategy against third parties who acquire junk paper, then sue to collect after ignoring repeated validation attempts, etc.? The plaintiff view is that the law only requires "verification" of the debt by a custodian of records and copies of statements and the credit card agreement. As we all know debtors often lose in court because they do not disavow knowledge of the debt, but only the amount claimed and other irrelevant issues. Can anyone make a sticky topic on this issue? There is Brennen v. Spears, Wollman-LeFevre, FDCPA section 809, etc. etc. Thank you for your assistance!

Link to comment
Share on other sites

Several months or so ago someone in the forum wrote about how she successfully defended herself in court ultimately prevailing against a JDB. I cannot locate the posting, but as I recall she presented (distributed copies) certain FDCPA passages to the judge and plaintiff in regard to DV requirements, hearsay and the like ultimately convincing the judge the other side could not prove the debt merely on statements and the cc agreement, etc. Do any of you lawyers on the thread have an articulate, simple, surgical-strike success strategy against third parties who acquire junk paper, then sue to collect after ignoring repeated validation attempts, etc.? The plaintiff view is that the law only requires "verification" of the debt by a custodian of records and copies of statements and the credit card agreement. As we all know debtors often lose in court because they do not disavow knowledge of the debt, but only the amount claimed and other irrelevant issues. Can anyone make a sticky topic on this issue? There is Brennen v. Spears, Wollman-LeFevre, FDCPA section 809, etc. etc. Thank you for your assistance!

Link to comment
Share on other sites

Aslo C M Chase has a whole laundry list of affirmative defenses againest JDBs that are very good. Then you file a ton of discovery to get everything they have about the debt and inevitably they are going to come up very dry on getting all the documentation.

Link to comment
Share on other sites

Aslo C M Chase has a whole laundry list of affirmative defenses againest JDBs that are very good. Then you file a ton of discovery to get everything they have about the debt and inevitably they are going to come up very dry on getting all the documentation.

Link to comment
Share on other sites

The best things you can do (this is just in general...not specifically for you, gha) to defend yourself against a JDB is threefold.

1) Answer your summons This will demand they pay attention to the case and won't get a default judgment like they're used to. This will also make the lawfirm do actual work instead of show up and hear the judge say, "default...next."

2) Answer your Requests for Admissions/Production of Documents or whatever discovery they ask for. Deny any part of the Admissions that aren't obvious. Make the company prove their case...don't do it for them. Most of the stuff they're asking for, you don't have anyway...say so. When you answer these requests, you are helping avoid a summary judgment...which is almost as easy for them as a default. All they do is print off the stuff and send it out....no thought necessary.

3) Send your own Discovery!! Use the examples on the net. Go to the courthouse and buy (like $1 or $2 per item) copies of real cases w/ Discovery that were filed in your district. Ask ALL questions you want to know...and ask for any documents you think will prove your case or debunk theirs. They're suing you...they should have them...right??? Wrong. They won't. This costs them LOTS of money and will very likely make them want to dismiss.

Link to Discovery: http://www.debt-consolidation-credit-repair-service.com/phpBB2/viewtopic.php?t=26609

Link to Defenses: http://www.debt-consolidation-credit-repair-service.com/phpBB2/viewtopic.php?t=26081&postdays=0&postorder=asc&start=15

Link to comment
Share on other sites

The best things you can do (this is just in general...not specifically for you, gha) to defend yourself against a JDB is threefold.

1) Answer your summons This will demand they pay attention to the case and won't get a default judgment like they're used to. This will also make the lawfirm do actual work instead of show up and hear the judge say, "default...next."

2) Answer your Requests for Admissions/Production of Documents or whatever discovery they ask for. Deny any part of the Admissions that aren't obvious. Make the company prove their case...don't do it for them. Most of the stuff they're asking for, you don't have anyway...say so. When you answer these requests, you are helping avoid a summary judgment...which is almost as easy for them as a default. All they do is print off the stuff and send it out....no thought necessary.

3) Send your own Discovery!! Use the examples on the net. Go to the courthouse and buy (like $1 or $2 per item) copies of real cases w/ Discovery that were filed in your district. Ask ALL questions you want to know...and ask for any documents you think will prove your case or debunk theirs. They're suing you...they should have them...right??? Wrong. They won't. This costs them LOTS of money and will very likely make them want to dismiss.

Link to Discovery: http://www.debt-consolidation-credit-repair-service.com/phpBB2/viewtopic.php?t=26609

Link to Defenses: http://www.debt-consolidation-credit-repair-service.com/phpBB2/viewtopic.php?t=26081&postdays=0&postorder=asc&start=15

Link to comment
Share on other sites

Thanks all, but I was looking for specific verbiage in a handout to be presented to both the judge and Plaintiff in court that would convince the judge certain FDCPA laws have been violated (ignoring DV for example) and the fact the premise of the case is based on Custodian of Records hearsay, etc. all in thirty seconds or less! The case was filed in 2003 and of course the Summons was answered timely and included nearly a dozen affirmative defenses. The Plaintiff, W&A has requested continuance twice! Someone on here explained what she did in court that lead her to prevail against a JDB in a quick open and shut session which I thought was rather impressive. As we all know most debtors when they represent themselves in court aren't aware of the distinction between validation and verification and assume the Plaintiff is a legitimate holder in due course and further they admit to knowledge of the debt but disagree on the amount claimed. Judges therefore award judgments based on the likelihood the comsumer did in fact incur the debt and then go on to the next case. Anyone?

Link to comment
Share on other sites

Thanks all, but I was looking for specific verbiage in a handout to be presented to both the judge and Plaintiff in court that would convince the judge certain FDCPA laws have been violated (ignoring DV for example) and the fact the premise of the case is based on Custodian of Records hearsay, etc. all in thirty seconds or less! The case was filed in 2003 and of course the Summons was answered timely and included nearly a dozen affirmative defenses. The Plaintiff, W&A has requested continuance twice! Someone on here explained what she did in court that lead her to prevail against a JDB in a quick open and shut session which I thought was rather impressive. As we all know most debtors when they represent themselves in court aren't aware of the distinction between validation and verification and assume the Plaintiff is a legitimate holder in due course and further they admit to knowledge of the debt but disagree on the amount claimed. Judges therefore award judgments based on the likelihood the comsumer did in fact incur the debt and then go on to the next case. Anyone?

Link to comment
Share on other sites

Your best bet is likely to attack there points in motion documents ahead of time. In those you are going to get the time and length to really argue your points of law and make the JDB work their tail off digging through case law. Since they have asked for continuance twice the advantage has shifted to you. Strike now and make them work harder.

The types of motions to look at are motions to strike to remove as many of their documents as possible. If they did not provide everything in discovery you wanted, motions to compel. Then there is the Motion to dismiss or Motion for Summary Judgement.

From what I have seen so far, Judges do like to see issues that can be decided on briefs disposed of that way since it takes up less of the court room time.

Their is a couple of threads with a ton of case law here:

http://www.debt-consolidation-credit-repair-service.com/phpBB2/viewtopic.php?t=18699

http://www.debt-consolidation-credit-repair-service.com/phpBB2/viewtopic.php?t=9265

http://www.debt-consolidation-credit-repair-service.com/phpBB2/viewtopic.php?t=9260

Link to comment
Share on other sites

Your best bet is likely to attack there points in motion documents ahead of time. In those you are going to get the time and length to really argue your points of law and make the JDB work their tail off digging through case law. Since they have asked for continuance twice the advantage has shifted to you. Strike now and make them work harder.

The types of motions to look at are motions to strike to remove as many of their documents as possible. If they did not provide everything in discovery you wanted, motions to compel. Then there is the Motion to dismiss or Motion for Summary Judgement.

From what I have seen so far, Judges do like to see issues that can be decided on briefs disposed of that way since it takes up less of the court room time.

Their is a couple of threads with a ton of case law here:

http://www.debt-consolidation-credit-repair-service.com/phpBB2/viewtopic.php?t=18699

http://www.debt-consolidation-credit-repair-service.com/phpBB2/viewtopic.php?t=9265

http://www.debt-consolidation-credit-repair-service.com/phpBB2/viewtopic.php?t=9260

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.