imjustagoyle Posted May 10, 2005 Report Share Posted May 10, 2005 CA and DH are having a telephonic hearing in one hour with a judge in circuit court. I've coached him the best that I can, telling him they haven't really given any debt validation (other than the cashed loan check), they have provided NO other form of debt validation - i.e. interest, fees, penalties, etc. NO payment history has been provided. They haven't given anything to show how the debt went from $5000 to nearly $9000.Hopefully the judge will get it.We also made them 2 offers for a payment plan that they have rejected. We have the offers in writing. DH has decided against filing BK (remember I posted that he wanted to), which is good but it sucks when they won't even take what we can pay. We offered a $250 up front payment with $150 a month thereafter. They rejected it!!!!Here's hoping they fall on their face in court. Link to comment Share on other sites More sharing options...
nevermore Posted May 10, 2005 Report Share Posted May 10, 2005 Good Luck hope everything works out for you. Link to comment Share on other sites More sharing options...
imjustagoyle Posted May 10, 2005 Author Report Share Posted May 10, 2005 I'm just hoping (because everyone is appearing by phone) that the judge somehow sees that the CA hasn't proven ANYTHING. They have given us NO documentation showing how that nearly $9000 was calculated! NO payment history, nothing!!!! Link to comment Share on other sites More sharing options...
copperarab Posted May 10, 2005 Report Share Posted May 10, 2005 Hey!! Please come back and let us know what happens!! Link to comment Share on other sites More sharing options...
imjustagoyle Posted May 10, 2005 Author Report Share Posted May 10, 2005 Well the hearing is over and the judge agreed they CA didn't provide proper debt validation but didn't dismiss. She said, "I don't have a copy of anything either, this hearing is over." She said something about the next step would be to try again with mediation???I don't know, but the attorney was very unprepared and looked stupid (so my husband says) and apparently the judge agreed. Link to comment Share on other sites More sharing options...
copperarab Posted May 10, 2005 Report Share Posted May 10, 2005 Well the hearing is over and the judge agreed they CA didn't provide proper debt validation but didn't dismiss. She said, "I don't have a copy of anything either, this hearing is over." She said something about the next step would be to try again with mediation???I don't know, but the attorney was very unprepared and looked stupid (so my husband says) and apparently the judge agreed.Well at least the judge was smart enough to listen and agree with your husband.It's costing the CA more now to have to take it further, maybe they are open to a payoff now? I would still demand proof of an itemized statement though before giving them one red cent!I am not familiar with your case, but isn't there a way you could motion for dismissal based on what happened? I would at least file something with the courts stating the hearing and the outcome and continue to push for the case to be dismissed. Okay..Where are the smart ones on here??LOL!!Good luck..keep at em'! Link to comment Share on other sites More sharing options...
imjustagoyle Posted May 10, 2005 Author Report Share Posted May 10, 2005 I have every intent of filing a motion to dismiss based on what happened today. Hopefully it will work in our favor. I'm still snickering over the fact that the lawyer looked unprepared and stupid! Link to comment Share on other sites More sharing options...
divemedic Posted May 10, 2005 Report Share Posted May 10, 2005 Actually, I would use the hearing today to file counters. Link to comment Share on other sites More sharing options...
imjustagoyle Posted May 10, 2005 Author Report Share Posted May 10, 2005 Actually, I would use the hearing today to file counters.Counters? Clue me in, I'm new to this game - but a willing student. Also, after talking to a clerk at the court she said that if the judge moved it to "mediation" that she wouldn't consider any other motions until medation took place. Link to comment Share on other sites More sharing options...
ms6073 Posted May 10, 2005 Report Share Posted May 10, 2005 Counters? Clue me in, I'm new to this game - but a willing student. How about continued collection activity after your request for validation? Defamation of character in the form of reporting unsubstantiated/false data to the credit bureaus (FCRA violation), and the pain and suffering related to having to deal with morons (well that last part may not be actionable )? Link to comment Share on other sites More sharing options...
imjustagoyle Posted May 10, 2005 Author Report Share Posted May 10, 2005 Counters? Clue me in, I'm new to this game - but a willing student. How about continued collection activity after your request for validation? Defamation of character in the form of reporting unsubstantiated/false data to the credit bureaus (FCRA violation), and the pain and suffering related to having to deal with morons (well that last part may not be actionable )?LOL! Well in mediation, we will again ask for proper debt validation and my guess is, they don't have it or they would have provided it by now. If they don't provide it there will be NO mediation and we will file a motion to dismiss! Link to comment Share on other sites More sharing options...
admin Posted May 10, 2005 Report Share Posted May 10, 2005 Maybe some counter claims..... Link to comment Share on other sites More sharing options...
imjustagoyle Posted May 10, 2005 Author Report Share Posted May 10, 2005 Maybe some counter claims..... Nah I'd just be happy to get them out of our hair! Link to comment Share on other sites More sharing options...
DocDon Posted May 10, 2005 Report Share Posted May 10, 2005 Nah I'd just be happy to get them out of our hair!That's what they count on. Then they continue the same practice with somebody else.Unfortunately, the only way to get the point across is to hold them accountable for their actions... Link to comment Share on other sites More sharing options...
imjustagoyle Posted May 10, 2005 Author Report Share Posted May 10, 2005 Nah I'd just be happy to get them out of our hair!That's what they count on. Then they continue the same practice with somebody else.Unfortunately, the only way to get the point across is to hold them accountable for their actions...Well, we aren't really in a position financially to spend on filing fees for counter claims. I do think we've made a point though. That attorney looked really stupid in court today and said something about having to "go yell at someone" for not being prepared. Even the judge agreed they hadn't validated it properly. If they had it, they would have already produced it is my guess. Link to comment Share on other sites More sharing options...
breathing_easier Posted May 10, 2005 Report Share Posted May 10, 2005 Even the judge agreed they hadn't validated it properly. If they had it, they would have already produced it is my guess.Then the judge should have dismissed the case, not referred it to mediation. The judge fell down on the job on this one. Judges were attorneys in their previous lives and you have to know they're going to give the CA's attorney a break when they can, especially with a pro se defendant. They'll deny it to the end, but it's true. I'm with DocDon that you need to make a point by filing a counterclaim against this CA. Most likely you'll recoup your filing fees and then some. Link to comment Share on other sites More sharing options...
DocDon Posted May 10, 2005 Report Share Posted May 10, 2005 Understandable that you may not have the resources to go after them, but know that this is no skin off their back. The attorney will not be losing any sleep over this.Also... his little trick of blaming somebody else... yeh, right. The attorney knew exactly what was going on... Link to comment Share on other sites More sharing options...
imjustagoyle Posted May 10, 2005 Author Report Share Posted May 10, 2005 Even the judge agreed they hadn't validated it properly. If they had it, they would have already produced it is my guess.Then the judge should have dismissed the case, not referred it to mediation. The judge fell down on the job on this one. Judges were attorneys in their previous lives and you have to know they're going to give the CA's attorney a break when they can, especially with a pro se defendant. They'll deny it to the end, but it's true. I'm with DocDon that you need to make a point by filing a counterclaim against this CA. Most likely you'll recoup your filing fees and then some.Well I thought she should have too, but whatever. Link to comment Share on other sites More sharing options...
imjustagoyle Posted May 10, 2005 Author Report Share Posted May 10, 2005 Understandable that you may not have the resources to go after them, but know that this is no skin off their back. The attorney will not be losing any sleep over this.Also... his little trick of blaming somebody else... yeh, right. The attorney knew exactly what was going on...I couldn't agree more.I realize the lawyer/CA isn't losing sleep over it but I also realize they mostly use intimidation as their collection tactic and I'm not intimidated. I'll do what I've got to do! Link to comment Share on other sites More sharing options...
KentWA Posted May 11, 2005 Report Share Posted May 11, 2005 Nah I'd just be happy to get them out of our hair!Counter claims in most juridictions should cost you nothing to file. Worst case it is like $10 or $15 dollars.Here is the math for counterclaims with three examples:They get $9,000 judgement, You get $4,000 on your counters = you only owe $5,000They get $5,000 judgement, You get $4,000 on counters = you only owe $1,000Most likely they can not prove you owe this debt they get $0, You get $4,000 for counters = they write you a check for $4,000.You have nothing to lose by filing counter-claims and everything to gain. Most likely right after you file counter-claims they will want to talk to you about settling. Link to comment Share on other sites More sharing options...
imjustagoyle Posted May 11, 2005 Author Report Share Posted May 11, 2005 Kent, good point - however, I haven't done enough research to know WHAT to countersue for. So far they haven't really blatently violated the FDCPA. They just haven't provided proper validation. Any ideas? Link to comment Share on other sites More sharing options...
KentWA Posted May 11, 2005 Report Share Posted May 11, 2005 When did you request validation, before or after they filed suit? Have they listed it as in dispute on your CR? How is it listed in your CR, many times there are actionable errors. The devil is in the details. Link to comment Share on other sites More sharing options...
imjustagoyle Posted May 11, 2005 Author Report Share Posted May 11, 2005 When did you request validation, before or after they filed suit? Have they listed it as in dispute on your CR? How is it listed in your CR, many times there are actionable errors. The devil is in the details. Haven't checked the CR. Will do that ASAP. We didn't request validation until they filed suit. Link to comment Share on other sites More sharing options...
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