stoliesmom

speechless sleazebag?

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hey guys! I filed my answer today and served it myself on the CA. Bud Hibbs says on his website that these guys file suit only to never show up in court. they count on the default judgement every time. well......here's what happened.

I walked in the front door and no one ever came out. I waited for about 5 minutes because I could hear someone talking on the phone. Then i realized that someone was trying to collect a debt as i stood there. I could hear this guy saying things like, "are you kidding me? that's all the money you have? are you just dumb? no i cannot take that amount of money, you must be insane" so..after hearing all this i proudly ran the bell on the receptionist's desk. this girl comes out and asks if she can help me. i just handed her the envelope containing the answer and asked her to sign the certificate of service. she goes to get someone else and some guy comes out. He looks at me like i'm crazy and asks what i need. i just told him i was delivering a document and needed him to sign the certificate of service. He read the entire cert of service and then looked like a deer in headlights and says, "what is this?" i almost started giggling right there in front of him. i'm not kidding, i really don't think they get responses to these!

so, what's my next step?

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You should've got on your cell phone and pretended to be the person they were harassing.

8-)

This attorney probably doesn't know how to file any motions other than moving for default. Should be a cake walk for you. I hope you have counterclaims.

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This is common. Many of the "collection" firms specialize in obtaining default judgements, only. They are a filing factory and when challenged for evidence or on legal procedure and such they don't know what to do. I hope you file counterclaims and really lay the smack down on this guy. He probably knows 10% more about legal procedures and the law than your do at best.

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My answer was very simple and i just basically asked for proof of everything they were saying. I don't have any counterclaims as this particular firm hasn't done anything but call an old place of employment posing as a client and tried to get my peronal phone numbers.

The big firm that's suing me harrassed me over the telephone over a year ago but i don't have any proof. Talked with two different people there and the first told me they would settle for $1200. i told them i could pay that and when he transfered me to his "manager" she laughed in my face and told me they would never settle for that amount and if i didn't ask a family member for the entire amount and pay it within 24 hours they would have me arrested. I told her that i knew my rights as a consumer and that she was breaking the law by telling me that. she then proceeded to tell me that she was sending the case to court and to forget about settling with them and hung up.

that's all i have. and can't prove a bit of it!!!!!!!

i know that i need to start the discovery process. do i start that now or wait to hear something from them or the court?

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My answer was very simple and i just basically asked for proof of everything they were saying. I don't have any counterclaims as this particular firm hasn't done anything but call an old place of employment posing as a client and tried to get my peronal phone numbers.

Ummm hello, violation.

The big firm that's suing me harrassed me over the telephone over a year ago but i don't have any proof. Talked with two different people there and the first told me they would settle for $1200. i told them i could pay that and when he transfered me to his "manager" she laughed in my face and told me they would never settle for that amount and if i didn't ask a family member for the entire amount and pay it within 24 hours they would have me arrested.

Umm hello, violation.

i know that i need to start the discovery process. do i start that now or wait to hear something from them or the court?

You probably can start now, but that depends on the rules of your court.

I'm guessing you have to discuss a discovery timetable with the opposing counsel.

Have you requested validation on this at all? Do you have any of their letters they sent?

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Yeah... I'd be running over to that old place of employment and at a minimum, getting someone to give me a statement as far as who called, what they were asking for, etc...An affadavit would be best.

You have them on false or misleading representation to start with. The arrested thing is another violation.

You need to get a tape recorder, like ASAP.

Just reading over what you said about how the lawyer was talking to a consumer, it sounded like violation city.

"You must be insane? Are you dumb?" Yeah, violations galore...

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Just reading over what you said about how the lawyer was talking to a consumer, it sounded like violation city.

"You must be insane? Are you dumb?" Yeah, violations galore...

Yeah, but you need to prove it, and besides, it has nothing to do with your case. Don't waste time on this.

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no, i'm in sc. sorry i was out of commission yesterday. i was sick as a dog and couldn't get off the couch. i think this whole thing has just stressed me out and once i got the answer filed it was relief city and then my body just shut down!

here's my question: can i bring these violations up even though the law firm that's handling the suit is not the one that was harrassing me? they are suing for CACV but they weren't the ones doing the calling. it was the Colorado office.

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One thing...you don't need their signature on a certificate of service. YOU sign it stating that you sent them a copy of your answer (or any other documenr that you file with the court, such as a motion) and file one with the court.

If you prefer, you could send it CMRRR but it's not necessary. Again, make sure you file your answer with the court.

If this were me, I'd file a motion to add a counterclaim. You've got them on several FDCPA violations.

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