Anonymus Posted October 26, 2008 Report Share Posted October 26, 2008 I stopped DV'ing because the CA's wern't reporting to the CRA's on some old debt's. Now I got a small claims coming up and would like to answer yet all the answer sample letters say that I DV and they never provided proof? Should I send it anyways?Am I screwed?They still have to prove that they own the debt and have the same exact things (signed agreement, staements, etc..) they need when DV'ing right? Link to comment Share on other sites More sharing options...
willingtocope Posted October 27, 2008 Report Share Posted October 27, 2008 They still have to prove that they own the debt and have the same exact things (signed agreement, staements, etc..) they need when DV'ing right?Actually, they don't have to provide ANY of that in response to a DV. All the FDCPA requires is that they tell you who the OC is, and the amount. Its in court that you would argue for further proof that the debt is yours.Sending a DV letter does show the court that you tried to ask for evidence that the debt is yours, but it by no means serves as any kind of defense against the law suit. Link to comment Share on other sites More sharing options...
legal_loansharking Posted October 31, 2008 Report Share Posted October 31, 2008 Has the statute of limitations passed?You have to show up even if you feel you are screwed. I put a post out here about my recent experiences and the attorneys not showing up and withdrawing their cases since I intended to defend myself. Link to comment Share on other sites More sharing options...
Anonymus Posted November 7, 2008 Author Report Share Posted November 7, 2008 The SOL has not passed. Tomorrow is the big day. Are there going to be trick questions? What should I say, what should I ask for? Should I not answer any questions? Link to comment Share on other sites More sharing options...
notagain Posted November 7, 2008 Report Share Posted November 7, 2008 Take out the part of about DVing, and use the rest of it?notagain Link to comment Share on other sites More sharing options...
Anonymus Posted November 7, 2008 Author Report Share Posted November 7, 2008 Im actually going to court tomorrow. Are there trick questions? Should I avoid saying anything? Should I just say I do not recall this account and I would like proof that it is my account? How do I demand the things that are needed? If I do not bring up those things they need will I lose? Link to comment Share on other sites More sharing options...
legal_loansharking Posted November 7, 2008 Report Share Posted November 7, 2008 Here is the absolute worst case....The attorney calls you to the stand for questioning in order to prove his case. Asks you questions like Did you have a blah blah credit card, obviously they have your mailing address, they will question how long have you been there.If they have statements they will show them to you and ask you if you received these statements.If they do have proof and you didnt see it prior to the case, ask for a continuance so you can review the records.If they dont have proof and this is a JDB, everything they say is heresay. They need to provide you with a chain of custody for all docs. They also need to have an affadavit from the OC stating the amount of the debt. Link to comment Share on other sites More sharing options...
Anonymus Posted November 7, 2008 Author Report Share Posted November 7, 2008 Ok, so if he does call me to the stand and ask me these questions, I obviously have to tell the truth. So admitting that I did have this card and such is going to make me libel for the money, right? And if so, can I get the interest and fees and such taken off the total amount so that all I would owe is what was originally charged? I mean the credit limit which was never gone over except for fees after the card was already delinquent.Can I just say I dont recal if this is my debt? and that i require proof per the fcra Link to comment Share on other sites More sharing options...
legal_loansharking Posted November 7, 2008 Report Share Posted November 7, 2008 If the attorney shows up, you may want to work out a settlement if you really owe the money. Or just go through the case and challenge any evidence you have. You can always object to his questioning and tell the judge you are not going to prove his case for him. You want to see proof if this is a JDB that they legally have the right to collect this debt such as a assignment agreement, sales agreement from the OC to the JDB. Link to comment Share on other sites More sharing options...
Anonymus Posted November 7, 2008 Author Report Share Posted November 7, 2008 So we got in and the plaintiff had like 20 cases against people. I think 13 or so were default judgment because no one showed. Of the other 7 he was able to get 5 to come out in the hallway with him. When they returned they had a signed document agreeing payment. Two of us wouldn't even talk to him, and when he asked us to step out we said, "were all set".Dring trial we said we do not know if this is ours and we just want a signature. The judge said "Which they will have to have today, do you have this sir" he said no, they offered a postpone to which we said no, he had nothing, and we will have the verdict in the mail soon. Im pretty sure we won.One guy was talked into a postone so the JDB could get the proper documentation, and the judge said "and you agree to this?" he said "yes". And I saw a second JDB who was there for other people give a little smirk.It's such a shame how these guys bully these people around, im so greatful to this message board and cant thank everyone enough! Link to comment Share on other sites More sharing options...
retmar Posted November 7, 2008 Report Share Posted November 7, 2008 You did just fine. For future reference, if you ever find yourself here again, just read FDCPA 809©, then, show up in court and apply accordingly. As long as you deny by stating you do not recognize, recall, or a reasonable reason, you will do fine. By this, the judge will have them prove, or, ???, just as what happened to you today. Link to comment Share on other sites More sharing options...
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