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Words from an attorney regarding DV


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Just got out of a meeting with my new counsel (provided free of charge from my local legal aid office). Counsel is a VERY well known firm here in handling FDCPA cases.

Bottom line. I showed him everything I had regarding the case against me. Showed him the sworn denial I was going to file from advice on these fourms. (thank whatever I didnt).

This lawyer is very experienced in FDCPA/FCRA cases and says don't try to bombard the court with info. Make everything short, sweet, and to the point. The judge doesnt want to read too much. If you are writing a DV to an OC/CA/JDB, make it a paragraph long and for sakes dont use a template, and dont cite caselaw in your DV (you will probably just get it wrong and look like an idiot). Just ask the following:

1. Send me documentation (statements, etc.)

2. Send me last 4 of ssn of acct holder.

3. If I dont recv in 21 days, I will contact atty.

4. I will direct atty to file sworn denial and persue counterclaim for violation of FDCPA/FCRA (assuming they have violated).

5. Please send immediately in writing to avoid being contactd by my atty.

Thats it.

He says, don't try to bulls*it the company you are writing to, it will only make you look like a fool in front of the judge if you are wrong.

Counsel also says he quite frequently sees CA's/JDB's show up with a witness. So if you plan to fight, be prepared. Know your side of the story like the back of your hand, 1 inconsistency could ruin your case.

He said much more which I have notes on, if you have any questions about anything else, just ask.

Thanks,

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Income amount depends on your state... I am not married so that helps. Plus I just kept applying and they got sick of me. :)

No, but really, I spoke with the legal aid department numerous times, finally I went to the office and was nice enough to the intake worker that she worked me into their schedule. I will not be represented on my court date, however I have been given free access to an attorneys services 3 times a week (the attorney assisting me has given me his cell # so really I have access whenever I have a question) Tonight he wrote me a letter addressed to the CA's atty that is suing me requesting documentation with a deadline. If I dont recv verification by said date he will help me file counterclaim and walk me through the process before court. Bottom line is you just have to be nice and people will most likely work with you, Attorney, CA, OC, whatever...

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Just ask the following:

1. Send me documentation (statements, etc.)

2. Send me last 4 of ssn of acct holder.

3. If I dont recv in 21 days, I will contact atty.

4. I will direct atty to file sworn denial and persue counterclaim for violation of FDCPA/FCRA (assuming they have violated).

5. Please send immediately in writing to avoid being contactd by my atty.

Thats it.

Cool. I reside in in the state of FLORIDA. Should I write a DV to OC, CA or JDB using this type of language the OCs, CAs, and JDBs can no longer Communicate with me. Florida Statues (F.S.) 559.72 (18) requires that "in collecting consumer debts, no person shall communicate with a debtor if the person knows that the debtor is represented by an attorney with respect to such debt and has knowledge of..."

This type of DV implies or expresses that I have an attorney. That explains how attorneys may stop CAs and JDBS from calling in a matter of days. I like this strategy (or DV). I am going to use it ASAP. This is better than a Cease & Desist Notice. Thanks!

Happy 'olidays xcanex xcanex xcanex

from June & Family

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Sure. Here it is...

The alleged account is disputed for the following reasons. I am not liable for payment of the alleged account because I am not the debtor on the account. I am unaware of any debt claimed against me. There is no writing that evidences any obligation for me to pay the amount stated by the Plaintiff.

If the judge sees this, first thing he will ask is, show me the contract. Atty advised me, 99% of the time the CA/JDB does not have it because they just bought the account number and debt amount from the OC for pennies on the dollar. Atty advised if Judge doesnt see that first thing, they will most likely dismiss the case right then and there. Otherwise if they do produce you have the right to ask for a continuance to review the documentation.

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Sure. Here it is...

The alleged account is disputed for the following reasons. I am not liable for payment of the alleged account because I am not the debtor on the account. I am unaware of any debt claimed against me. There is no writing that evidences any obligation for me to pay the amount stated by the Plaintiff.

If the judge sees this, first thing he will ask is, show me the contract. Atty advised me, 99% of the time the CA/JDB does not have it because they just bought the account number and debt amount from the OC for pennies on the dollar. Atty advised if Judge doesnt see that first thing, they will most likely dismiss the case right then and there. Otherwise if they do produce you have the right to ask for a continuance to review the documentation.

Wow, that's unbelievable! This Attorney is brilliant. His information is "priceless." The SOLC had expired on my debts, I think I am ready to sue the Violators. Thanks for the legal information.

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