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Judgment entered in favor of Defendant


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Thanks to the help of this forum I received this judgment:

The Court is not satisfied with the documentation provided by Plaintiff to show the original debt it claims Defendant incurred. The Plaintiff has the burden of proof in this matter by a preponderance of the evidence. The Court hereby finds that Plaintiff has failed to meet its burden of proof. Judgment must be entered in favor of Defendant.

I am going to assume that the claim filed against me by a CA has been Dismissed With Prejudice as this is what I asked for in my Request to Dismiss. I would like to have the words "With Prejudice" in the ruling itself but this is good enough.

I had 2 different claims dismissed, also due to the help of the people on this forum but I didn't trumpet the results due to the decision being Dismissed Without Prejudice. The CA's could possibly come back at any time although I don't think they will due to the educated fight I gave them, again due to the help of this forum.

Im looking for suggestion on what to do next. For example, should I sue in the small claims local county court or should I go Federal.

My take on this is that I would like to go Federal. I'd have to learn the Rules and Procedures. I have one year to file and I think I could convert the knowledge I have gained here from small claims to Federal.

I know it would be easier for me in small claims. The problem here is that the magistrate is really not very friendly with me. As far as I can tell, I am the only one of many cases which she felt forced to dismiss in the defendant's favor. I may have opened up a can of worms for her due to the many default judgments that she has already rendered upon unsophisitcated consumers.

I've heard that Federal is better and I am already in the research and learn mode so what do you guys say?

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Congrats! Do you have them on multiple FDCPA violations and does it appear to be wilfull non-compliance? Look up your state laws and see if any of them were violated. Does you state have a Deceptive Trade Act? Did the judge find that the plaintiffs claim was false or fraudulent? In Michigan if you prove that someone has filed a false claim, you are entitled to treble damages( 3X). If you believe $1,000 for FDCPA, plus any state violations, plus damages, possibly x3, possible legal fees will total more than your small cliams court allows, then I would file in federal.

Keep us posted and Good luck! Pound them into the ground!

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I answered this summons not knowing anything about anything. I basically checked the Denied part and sent it back in. I did not DV nor did I enter Counterclaims.

Here are where I think the CA's violations are:

1) The CA was given a continuance to come up with the assignment that I specifically asked for at trial. When the next trial date came, the CA did not have assignment. The CA said that it did have assignment when pressured by the Court. The Court asked that the CA to fax a copy to the trial (the lawyer was appearing telephonically). The purported assignment was illegible.

I entered a MTD citing Plaintiff had not proven a relationship between itself and the OC. Thus the judgment.

2) Since I now have a ruling which says that the CA did not have assignment I think the CA did not have permissible purpose to do a hard pull for a CR. The lawyer pulled my CR twice and the CA once all within about a 8 month period of time. I believe this is excessive even with assignment much less without.

These are the 2 I will be researching for the moment. The Court did not specifically state that she found that the Plaintiff had brought forth a "false claim" but without the CA producing assignment possibly I could find other supporting evidence to corroborate such a claim?

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You can sue for $1,000 per FCRA violation. And no they had no permissable purpose without assignment. Next look at everything they ever sent you or the court, to see if they violated state and FDCPA. One commonviolation is that they have to send notice to you w/in 5 days of initial contact of oc,oc add,and that you have the right to dispute w/in 30 etc. if the first communication was the summons, they had 5 days from them. Even though for FDCPA you can only get $1,000 per action, you can add that to the state violations and $1,000 per pull of cr.

Good luck!

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Sue for the non-pp, it isn't worth a lot. If they do come up with the paperwork showing a valid assignment, you could get nonsuitied and they may decide to sue you again. I might just let it go, as inquiries come off after 2 years anyway

Even if they find the assignment at this late date, it's res judicata--dead, done and gone because of the judgment in the OP's favor.

However, the assignment would end the lawsuit for the non-PP pull ... still, absence of a potential blowback may tip the balance in favor of filing the suit.

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Original quote: flacorps

Even if they find the assignment at this late date, it's res judicata--dead, done and gone because of the judgment in the OP's favor.

This works both ways, doesn't it? On this particular case I was not familiar with Counterclaims thus did not enter any. I did raise the defense of "no assignment" in court and the judge ultimately dismissed the CA's claim partly because of this and partly because of incongruous paperwork.

So how does that work? Should I have submitted a Counterclaim or is bringing the issue up for argument while in court sufficient in order to preserve the ability to Countersue?

Original post by: Recovering Attorney

If they do come up with the paperwork showing a valid assignment, you could get nonsuitied and they may decide to sue you again.

Do you iknow of any instance? In my case the Plaintiff was given 2 continuances specifically to acquire assignment. It did not. Each time the Plaintiff returned to court as if it had not even been asked to produce said documents...like it was some joke...

I had 2 other cases dismissed due to no assignment. The CA's and JDB's buy these Bad Debts in 100 lots or more with a blanket receipt for all serving as a bill of sale. A bill of sale which directly represents an individual debtor's Bad Debt would be costly if it could be had at all. IMO I think once the OC sells the debtor's delinquent account it throws all documentation in the wind. Why would the OC keep it? If you sell your car would you keep your registration slips?

I don't have a closed mind on this particular issue but in the 6 months that I have been reading different situations on this forum added to my personal experiece suggest to me that it is very unlikely court-approved assignment is available to the CA.

Original post by: daprez1963

i would just let it rest. you won and that should be victory enough. why risk it..you might not win and for what. this might give them the focus to find what they need. is it that important to waste time and money on?

I am weighing the odds and the benefits. I first want to ascertain if I do, in fact, have a claim; how much effort and expense I must put forth to successfully execute said claim and if the amount awarded would be pyrrhic.

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Original quote: flacorps

This works both ways, doesn't it? On this particular case I was not familiar with Counterclaims thus did not enter any. I did raise the defense of "no assignment" in court and the judge ultimately dismiss the CA's claim partly because of this and partly because of incongruous paperwork.

So how does that work? Should I have submitted a Counterclaim or is bringing the issue up for argument while in court sufficient in order to preserve the ability to Countersue?

FCRA suits are federal and are not compulsory counterclaims to their suit against you. You can assert 'em later.

But the assignment (if ever found) would be a defense to a non-PP suit--it would give pp, even though the creditor lost their case in court (but not if the pull occurs after their loss).

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