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Being Sued by Credigy Receivables and in Need of Help

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I live in King’s County NY. In October of 2005, I received a summons/complaint filed against me by Credigy Receivables for an old First Select account I had in the 90's. I answered the complaint stating that this was an expired account under FDCPA/FDCRA that has exceeded the SOL.

I have no statements for this old account, so I'm not entirely sure if it was SOL eligible, but the balance they were claiming was outrageous, and I have never received any collection notices from them, only the complaint, so I immediately mailed them FDCPA/FDCRA VOD letters via certified mail. Needless to say they received and signed for them, but have never replied to my requests.

I also sent dispute letters to Experian and TransUnion since Credigy was reporting the item to them too. Experian investigated and removed them almost immediately, TransUnion refused claiming the item was being reported accurately. Meanwhile the Account Opening dates continue to change from 1996 to 2002. Recently the balance claimed actually dropped by almost $5,000 dollars!

Exhibit A on the complaint was nothing more than a copy of the BACK of a credit card statement stating the agreement and terms... MINUS my signature. Even the "Bill of Sale", signed by a "Joseph Saunders at First Select" was suspicious. To date, the complaint filed is the only thing Credigy has provided to the courts, with no other proof.

The sleazy local lawyer who showed up (in place of the lawyer who signed the complaint, Karen A. Ditsch) keeps requesting and adjournments (and getting them from the judges) stating that he needs more time to get his information and evidence in order. I had no idea what to do apart from showing up at each of the appearances with my dispute letters to Credigy and asking the judge to deny their requests for adjournments.

At the most recent appearance the sleazy lawyer claimed that Karen A Ditsch was “no longer with Credigy” (rumor has it that her and her hubby are on the run from the law) and that he needed more time to see if he or another lawyer would take be taking her place. The judge granted him yet another adjournment but recommended that I file motion to dismiss the case.

I am going Pro Se since the cost of an attorney would not be worth it. I was told by the court clerk’s office that I would need to complete an Affidavit In Support of an Order to Show Cause to request dismissal of the case.

I don’t want the judge to throw out my request based on a technicality or an error on my part, or a complete indifference to anything I might say, so I desperately need help with filing the Order to Show Cause. I'm confused about the difference between Questions 3 (I have a good defense/claim because...) and question 4 (I have a good excuse/reason because...).

If I had to summarize my side of the argument, I would say that Credigy had 9 months to provide proof to the courts (under FDCPA law) of my signature on a payment agreement, when the last payment was, and a detailed bill with a breakdown. And that they have ignored my reasonable requests for validation. Also the balance they claim is outrageous. Any help or advice you guys can provide me with would be so greatly appreciated.

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wow, they won't give up! I was able to get Credigy to drop their case by filing motions after motions, making their rent-a-lawyer keep coming to court. You have a good case due to a) lack of evidence B) time for lawsuit (ie lack of prosecution) so use those, as well as c) beyond SOL. They have to prove chain of ownership from the OC to First Select, to them, which they CAN'T do. So, just keep plugging. Do a search on the internet for your order, and dig thru the webpages until you find what you are looking for.

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I filed a motion to dismiss using the Order to Show Cause form. I'm sure the same Rent-a-Lawyer will show up with more excuses and yet another request for adjournment. My only hope is that the judge will grant my request at next week's appearance. I don't care how many times the experts say how routinely these complaints are dismissed, it's been my experience that judges can be either moody, dismissive, or completely unconcerned with, or even ignorant of the finer details of FDCPA law. Since December of 2006, the sleazy rent-a-lawyer has requested 2 adjornments to date and I have requested 1. It turns out though that court clerk recorded that it was ME who requested the adjournment at the first appearance. So now it looks like I'm the one who's filed for 2 adjourments vs. 1. I have no confidence in the court system now and I am worried each time I have to appear before a judge. Two big questions: 1) Should I try filing a Discovery request if the judge grants Credigy another adjournment? 2) If it turns out that Karen A. Bitch is no longer with Credigy, does that render the complaint invalid if the lawyer who filed it is no longer with them?

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It was actually the rent-a-lawyer who told the judge that he's been "unable to contact Karen" and that it "appears she is no longer with Credigy" and that he needed more time to see if Credigy would assign him or someone else as the lawyer. This was his latest excuse for adjournment.

My reason stated on the motion was that they ignored all my certified mail requests for validation since last year and a complete "lack of evidence", specifically my signature on any payment agreement along with a detailed breakdown of how they came to the amount, or even documentation beyond the blatantly phoney "bill of sale" by First Select to Credigy.

I wonder if there's a way to find out if Credigy still legitimately owns First Select collection accounts?

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  • 2 weeks later...

Here's an update on my attempts to get Credigy’s complaint dismissed:

I went to court last week. As before, a local rent-a-lawyer who knew nothing about this case showed up and completely annoyed the judge with his responses. He told her that Credigy has finally assigned a lawyer to the case (after 9 months) and gave her some guys name. He also said Credigy plans to "fly in" a witness who will swear to certain facts about the case? I totally didn't get that. The judge was unimpressed and angry with him.

The only pieces of “evidence” in the complaint were

Exhibit A: A photocopy of the BACK of a credit card statement (the same thing anyone can copy off of the back of ANY credit card statement) for First Select showing an agreement with no signature from me.

Exhibit B: An “Officer’s Certificate” sworn to and notarized by an Ashley T. Arnold.

Exhibit C: an Affidavit in Proof of Claim and Non-Military service also notarized by Ashley T. Arnold.

Appendix A: A very phony looking Bill of Sale typed up on plain paper (about one sentence long) signed by a Joseph Saunders.

She told him Credigy has 10 days to mail me whatever documents they brought with them that day to court, and that they had better have their documents in order before the final trial.

Then she examined the complaint with a good deal of skepticism, and emphatically pointed out several things to me. She said the 2 notarized documents from Ashley were for the state of Georgia… and not New York State, where I live. And also that the bill of sale and the notarized documents are not exemplified documents. I believe the Credigy made up these phony documents in their offices, so I’m praying the final appearance will end in dismissal.

They also lied on a sworn affidavit stating that they had served a summons by “substituted service” to a “Manny Doe” at my home, "who refused to give his last name". It was a complete lie, since I live alone and work during the day.

The judge looked at my answer and was wondering if I should amend my answer (which I think I should), but she basically said it was sufficient.

I have the feeling that the judge may jump on Credigy at the final trial, but nothing is certain. I’d feel a lot better if I could amend my answer and with following additional defenses (in addition to my existing SOL defense):

a) Lack of service

B) Lack of prosecution

c) Lack of evidence

d) Furnishing certain deceptive forms.

e) Use of unfair or unconscionable means to attempt to collect the alleged debt

f) Use of false, deceptive, or misleading representations or means in connection with the collection of the alleged debt

Before I amend my answer, I had a few questions:

1) Are there any court documents or cases on the web I can print that show Credigy falsifying court documents in order to obtain a judgment?

2) Do these things represent violations of the FDCPA/FDCRA? If so, which ones?

3) If I succeed in getting the complaint dismissed, do I have a case against Credigy for using illegal methods to obtain judgment? These guys have been damaging my credit reports for some time now, and are causing nightmares for me in court over this.

4) How much time before July 31st do I have to amend my answer?

5) Is there a sample form to amend an answer I can see?

Any help you can give me would be great. Thanks.

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Does this look familiar?

From http://fairdebtcollection.typepad.com/

"The United States District Court (Southern District of California) has entered judgment against Credigy Receivables and their attorneys (fellow debt collectors) Stewart & Associates in the amount of $2,001 for a lawsuit that alleged violations of the Fair Debt Collection Practices Act (FDCPA). Credigy and Stewart have also agreed to pay my firm's reasonable attorney fees and costs. This is the second judgment obtained against Credigy and Stewart by my firm in the last several weeks.

The lawsuit (Everett v. Credigy Receivables Inc., et al., Case No. 05CV02121) alleged that Credigy and Stewart sent a letter to my client threatening that a collection lawsuit would be filed in ten days and attached a copy of the lawsuit. The collection lawsuit was filed, but not until over six months later. The lawsuit also alleged that the collection lawsuit was barred by the statute of limitations and that the collection lawsuit contained numerous false statements. The lawsuit also alleged that Credigy and Stewart filed a pleading using a lawyer no longer affiliated with them, and listed a physical address in San Diego that was nothing more then a rented mailbox. Finally, the lawsuit also alleged that Credigy and Stewart reported false information about the alleged debt to credit reporting agencies in order to impact my client's credit score and cause my client to pay the alleged debt.

The lawsuit alleged that Credigy and Stewart's actions violated the FDCPA (15 U.S.C. 1692, et seq.) by: (1) communicating a false impression of the character, amount or legal status of the alleged debt; (2) threatening to take action that could not legally be taken; (3) communicating credit information that was known or which should have been known to be false; (4) using false, deceptive, or misleading representations or means in connection with the collection of the alleged debt; (5) attempting to collect an amount not authorized by the agreement creating the alleged debt or permitted by law; (6) using unfair or unconscionable means to attempt to collect the alleged debt; and (7) engaging in conduct the natural consequence of which is to harass, oppress, or abuse any person in connection with the collection of the alleged debt."

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All I can say is I feel for you and your right you can do everything right and get a judge who is vague about the law or could care less about the voitations.. I had this happen with Unifund.. three times they asked to change the court dates.. and their rent a lawyer was not even a lawyer just a paralegal with a lot of tattoos.. I asked the case to be moved ONCE , for a surgery and I was met with distain.. they asked THREE times and every time it was granted, their reason, they also couldn't find a local attorney.... which cost me more money in legal fees since my lawyer had to reschedule. It took a year to settle it while they were allowing the fees to pile up

I am with you I have little faith in ONE persons choice... it seems judges are like lawyers in some of these cases.. they dont always know or care about some of the finer aspects.. like your SOL for example.. to me that would have been a slam dunk.

You also might want to email bud hibbs (budhibbs.com) and get him on the phone he has alot to say about them as well.. he maybe able to give you some idea on where to go with this.. I am so sorry you are having to deal with this.. why is is alway so hard for the debtor and not some jdb

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