Hopeforhelp

Going to court against CACV - Atty needed

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Just got the notice of non-jury trial for 9/5 with CACV (Providian). After much reading on this site (and others) and buying the Maxed out video -- I took my arguments to the prelim hearing and the judge told me "I made some good points" (thank you for all who advised). Observations I made:

- Judge didn't know much about this kind of law and recommended I get an atty.

- It didn't appear atty knew laws that well as he tried to bluff through some of the items.

My questions:

- I am from Midland MI area (center of state) -- does anyone know a good atty in this area? I checked NACA website and found most were 1 1/2-2 hrs away.

- Any additional advice direction you can give me? Debt was about $2300 and they are suing for $4700 (haven't added atty fees yet).

Carolina Blue Eyes -- congrats on your win -- you have answered several of my previous posts.

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Thanks so much for the kind words..as you know CACV is the same scott lowery group as CACH.. etc... GET A LAWYER TO DEAL WITH THESE GUYS!!

they may be an hour and a half away but most of it can be done by fax, phone or email.. in fact I have never even seen my lawyers face.

you do NOT want to go in there without one.. they are a nasty bunch who loves to inflate (as you can see)... but go back to the NACA site... its worth it!

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*bump*

Immediate help needed. I hired a "local" atty. Long story short -- here's events in order since my last post (see below):

- JDB atty sent questionnaire after hearing. I didn't respond (no atty yet and wasn't sure if I should respond). Court date set on 9/4 requiring me to respond. My atty said JDB may show my lack of response admits guilt.

- In the meantime, my atty wanted to review court records to see if discovery was granted and also delay 9/4 date because he can't attend.

- Trial set on 9/5 (next day). JDB wanted delayed because he can't attend.

- Judge said "no" to rescheduling 9/4 and 9/5 court dates for either atty. So the judge and my atty called JDB for pre-trial conference.

- JDB atty stated he has copies of checks that I wrote showing relationship of debt to me and faxed info to my atty.

- I reviewed info -- noted address on the stmts JDB provided from OC is invalid. I'm concerned because JDB obtained 3 check copies (showing a valid former address but I did not live there at time -- hadn't updated my checks).

- My atty now says it is time for a settlement. Orig debt around $1,500 (based on stmt info JDB provided from Prov/Wash Mutual). JDB wants nearly $5,000 (not including his fees), and in addition to my $1,000 retainer.

Thought I would see if anyone can help me. I see there is problems in the paperwork from JDB. One document states JDB purchased and also states they are assignee. Also, they provided a stmt stub copy matching a check of mine that is not even a valid street address. I would hire another atty at this point if I could get them up to speed in time. Just wasn't expecting JDB to provide this much info (copies of my checks). Debt within SOL and according to my atty all the JDB has to do is show "relationship" with Providian. I am worried that if this one wins other JDB will. Please help me with direction.

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*bump*

Immediate help needed. I hired a "local" atty. Long story short -- here's events in order since my last post (see below):

- JDB atty sent questionnaire after hearing. I didn't respond (no atty yet and wasn't sure if I should respond). Court date set on 9/4 requiring me to respond. My atty said JDB may show my lack of response admits guilt.

- In the meantime, my atty wanted to review court records to see if discovery was granted and also delay 9/4 date because he can't attend.

- Trial set on 9/5 (next day). JDB wanted delayed because he can't attend.

- Judge said "no" to rescheduling 9/4 and 9/5 court dates for either atty. So the judge and my atty called JDB for pre-trial conference.

- JDB atty stated he has copies of checks that I wrote showing relationship of debt to me and faxed info to my atty.

- I reviewed info -- noted address on the stmts JDB provided from OC is invalid. I'm concerned because JDB obtained 3 check copies (showing a valid former address but I did not live there at time -- hadn't updated my checks).

- My atty now says it is time for a settlement. Orig debt around $1,500 (based on stmt info JDB provided from Prov/Wash Mutual). JDB wants nearly $5,000 (not including his fees), and in addition to my $1,000 retainer.

Thought I would see if anyone can help me. I see there is problems in the paperwork from JDB. One document states JDB purchased and also states they are assignee. Also, they provided a stmt stub copy matching a check of mine that is not even a valid street address. I would hire another atty at this point if I could get them up to speed in time. Just wasn't expecting JDB to provide this much info (copies of my checks). Debt within SOL and according to my atty all the JDB has to do is show "relationship" with Providian. I am worried that if this one wins other JDB will. Please help me with direction.

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Your attorney appears timid. You’ve gone this far, why settle? Especially since the judge smells something and wants to hear arguments and defenses.

CACV and their franchises are notorious to producing “Documents” in house. Anything offered as evidence should be looked upon with a jaundice eye.

CACV attorneys are blustering bullies who will attempt to get a settlement or a default prior to going to court. Once they enter court their success rate is automatically 50%, chances to collect on a win: 15%. Lawyers up here charge $450 to $500 a court day. That’s what CACV has to put up front to win. You don’t have all that money for them to win.

Fight CACV all the way on this thing, then sue for massive FDCPA violations!!!!! You’ll be OK.

Good luck

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CACV is a bad debt buyer and typically NEVER an assignee. They actually acquire not only the debt, but copies of statements from start to finish. (OC's can get more from their debt when they provide all the paperwork and the so-called assignment agreement which may not be legitimate because the debt was post-chargeoff, meaning bad) Should they win, and they DO have an uphill battle, you should not be charged attorney fees and collection costs because they are NOT a holder-in-due-course and the credit card agreement expired at chargeoff. Your attorney should be able to advise you on state laws regarding JDB's. They paid 0.01 to 0.03 on the dollar for your debt, so that should give a clue on where to settle, if you choose to.

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Here's a thought and I'm not sure how helpful it would be, but were you implying that the JDB "created" the check, ie just photoshopped a checked with yoru sig? I assume that you meant that this couldnt' have possibly been yoru check b/c of the address.

So if a JDB submits this, knowingly false evidence, isn't that a serious offense? I would imagine this is criminal. Of course, in this world, nothing would surprise me. Anyone out there know if he could let them submit falsified docs as evidence and then hammer them?

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Think I am being railroaded here.

I show up at the courthouse this afternoon because they are requiring me to respond in court to the interrogatory. Got to Courthouse and went up to District Court clerk and she said it was cancelled. I sat down for a bit and finally saw my attorney walk by. My atty once again says that because CACV had copies of the checks -- I needed to settle. Doesn't matter about the wrong address on the statements, different dollar amounts on the credit reports, etc. -- my atty says this is all "technicalities". Also, my atty had to know the pretrial was cancelled, just wanted to get me there to talk inbetween his other cases. I don't have time to get an NACA atty because the trial is tomorrow morning at 9:00 AM.

In response to the previous question -- the point with the checks is -- the check copies show a correct address -- the statement shows an invalid address -- so how could I have ever received the statement to mail the check? If I was trying to take ownership of this account, I wouldn't be in court. Appreciate any comments you have to offer as your words keep me thinking and have gotten me this far.

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Did the JDB provide you with details of the charges added to the account? Did the JDB explain the interest calculations and provide documentation to support those calculations?

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You may want to study up on the interest rates and usury limits for your state. Some entities such as national banks are exempt from state usury laws. Many JDBs are not and are limited in the interest rates they can charge.

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if your lawyer is not aggressive you need to get a NACA person.. period.. you say you dont have time but we suggested this a while back.. I hate what you ae going through.. maybe you can get the case continued and get an attorney who is familar with this situation... I am telling you from three years of experience they play hard, dirty and underhanded..

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