Tammyrco

Junk Debt buyer - how do you a handle?

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I had an account about 2.8 years ago default in Texas - it was $3,000 when I stopped being able to make payments. They've jacked it up another 1300. plus attorney fees 1023.

Now bottom feeder (so I read) Arrow Financial is suing by local lawyer.

This site is so amazing and thanks for all the time you guys put in.

Have two questions to ask (out of 100 really!)

#1 Would like to know more about their loss is their fault because they bought the debt.

I saw this from your site

"Plaintiff admits to purchasing the defaulted debt allegedly owned by the Defendant, causing Plaintiff's injury to its own self, therefore Plaintiff is barred from seeking relief for damages."

Then make them get a person to testify to the records

produce documents showing they bought the debt

make them get somebody to testify to the record keeping

I'm a bit concerned because from what I hear TX small claims will often cut to the chase and say stuff like making someone come in to testify about records or chain of custody isn't allowed or necessary.

But how do you get off (because I do not have the $$ - been out of real work that pays anything for 3 years - just working $9/hr. jobs since)

with the "you bought bad debt stupid" defense?

Also - the original application was done online and a different bank charged off the account - guess they merged - nothing was signed.

So I know lawyers will also blow off discovery - love the ideas you guys have here on that - awesome.

I'm super sorry I couldn't pay the debt off - but I can't get my cavities filled either.

#2 question from what I gather here on the forum - they'll be sending discovery - what do they generally ask - for what kind of documents and questions and what do you answer?

Thanks! Thank you for who ever made this forum - wish I was smart enough about this stuff to contribute.

Edited by Tammyrco
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Also - the original application was done online and a different bank charged off the account - guess they merged - nothing was signed.

They use an electronic signature. Maybe they have the records and maybe they don't.
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Served for sure. I even called the court clerk to make sure it was real because it was a plain clothed guy. But I did not hear from them previously about this - so that's in violation of the law - they have to notify you of the debt first don't they?

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The first thing you need to do is answer the suit to avoid a default judgement. Search the forums and spend some time reading. Once you have worked out in your head how you are going to approach this then come back fill in and post the template and ask any more specific questions.

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windowsecurity/com/articles/Digital_Signatures.html

"Digital signatures can solve both problems of trust and nonrepudiation. Digital signatures create a means by which a person may verify that John Smith actually signed the e-mail. What is more significant, however, is that digital signature legislation like the Washington Act shifts the burden of proof regarding the validity of the signature. A person relying on John Smith’s digital signature is not obligated to prove that John Smith actually digitally signed the e-mail to be able to legally enforce the offer contained in the e-mail. Instead, the Washington Act provides that John Smith has the burden of demonstrating that in fact he did not sign the e-mail. By shifting the burden of proof, businesses are much more likely to be willing rely on digital signatures to conduct business over the Internet. To better understand how digital signatures can solve the problems of trust and nonrepudiation, it is helpful to describe how digital signatures work."

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