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Being Sued by Collection Agency (Unifund) Court Date is Septemeber 10th


drkmn563
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I recieved notification by my local court in August 08 that Unifund was filling a law suit agiaint me (original credit card was $300..now the balance plus court fees are over $1200). I don't dispute the account or my responsibility but I do question the SOL (my records indicate that the last payment was Nov of 2002). In Sept. of 2008 I made written request (and sent it by certified mail) to the law office representing Unifund requesting the original contract and current balance...I got no response. In August of this year, I got a court order from the courts requesting a Consolidated Pre-Trail Order to be submitted by Sept 4th for a court date of Sept 10th if no aggrement was reached. I once again (by phone) called the law office requesting the previous information..still no call backs or letters in the mail. I then sent a letter to the judge (hand delivered to the courts) requesting that he ask the company for the information I requested or dismiss my case (this was done on August 16th 2009). I haven't heard from the courts or the law office. When I called the court today to get the status of my case, I was told that I have to be in court on September 10th. What should I expect and do I have a case for trail dismissal?

Note: I was calling and sending letters to the law office directly because when I initially called unifund they advised that since the legal process had begun that I had to speak directly to the law offices.

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You are a little short on time given Monday is a holiday. I am at the other end of the country.

However as you are in GA my understanding is that there are specific State laws that can be helpful to someone that finds themselves in the position that you have described and with respect I suggest that rather than deal with this yourself you should seek the assistance of a NACA attorney on a contingency fee basis.

It may even end up putting cash in YOUR pocket ;)

Start here http://www.naca.net/

Good luck.

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Make your appearance at the prescribed time. Many times their rep will find you outside the courtroom and try to get you to settle. That is up to you entirely as to how you respond.

Based solely on what you said here, I would not agree and stand before the judge. Then, when your turn, ask for the continuance as another noted, and cite FDCPA 809© as your reason for said request. Introduce into evidence that according to your records, the last payment made was in 2002, as you said, therefore, the SOL has run (insert your state SOL statute, for reference. Click on the Statute of Limitations at top of page this as your state's own statute number is most likely there, to save yourself some time), and that the plaintiff has no legal recourse to this claim. You would also cite Kimber v. Federal Financial. Look at our sticky on California law in this section. If I recall, a member added it to the sticky. It is a legitimate defense. Make it quite clear to the judge of all you did prior to this date in trying to resolve this amicably, by requesting they forward to you the info, but, they refused to respond in kind. Make them look bad before the court.

Also include the verbiage from Kimber what the majority said about suing on a timebarred claim. Also, while pleading your case, make sure the judge knows that if the claim is timebarred, as you think it is, that they are in violation of the FDCPA 807(2)(A), as they are misrepresenting the legal status of their claim. And, if in violation, are liable to you for damages, including, but, not limited to, punitive damages up to $1000 alone. Any other damages allowed by statute are as deemed fair and just by a court of proper jurisdiction.

Remember, you could file a Defendant's Claim on this now, but, if you are wrong, it would make you look bad before the court. By this, you would say in your pleading "Therefore, to demonstrate my credibility, as well as the knowledge that I have one year from date of injury, I withheld action until such time as it was proven either way, at which time I will decide which would be the best response", or words to that effect.

If they do provide the info there, let the court know that you need reasonable time to read and assure all is proper. Therefore, it is your prayer that the court affords you reasonable time, such as 30 days, to be able to read and respond accordingly.

Edited by retmar
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Georgia law is extremely unclear and vague about whether or not a credit card account is a written contract or an open account, if it is an open account then the SOL is four years, a written contract is 6 years.

"...All actions upon simple contracts in writing shall be brought within six years after the same become due and payable. However, this Code section shall not apply to actions for the breach of contracts for the sale of goods under Article 2 of Title 11 or to negotiable instruments under Article 3 of Title 11..."

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Credit card accounts are defined by Federal Truth in Lending Act and are ALWAYS OPEN ENDED ACCOUNTS.

Lets test your debt collection knowledge, what id the SOL on a Sprint telephone bill in GA?

I'm interested to know if you are willing to break the law on this one!

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I'm sure the GA Supreme Court or GA state legislature will fix this.

Given that GA is home to Fred Hanna, the worst of the worst scumbag, GA has to fix this just on the Hanna reason alone!

Do you work for Hanna?

I'm suing them this week!

If you work for Hanna, how's that GA AG rectal examination going?

Edited by trueq
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I live in New York, the attorney I work for is the counsel for every major private hospital in the State of New York - with no debt collection agency inbetween.

The firm gets the accounts directly from the hospitals after they are done trying to collect from the people who do not like to pay the doctors who have saved their lives.

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I'm not saying everyone who doesn't pay their bills is innocent.

But a large chunk of these people cannot honestly pay due to unfortunate life circumstances.

If you are an honest debt collector that follows the law, fine.

But many debt collectors do not follow the law, do not have legitimate possession of the debt, do not have any paperwork, and do not have any legal right to the debt!

However, even if the debt is owed, and is legitimate, debtors have numerous consumer defenses available to them in court. Your theme prevalent throughout your commentary is: the debtor can't possibly win: is false.

Could the debtor lose? Sure. But an energized, pro-active, debtor, defending the claim, makes life 10 times more work for you!

I don't live in NY, so our paths will never cross.

I was so looking forward to suing your employer. (are you sure you can't get a transfer to Hanna?)

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I'm not saying everyone who doesn't pay their bills is innocent.

Obviously I agree, most people are not innocent. If a debt collector is calling you - there has to be a reason? The random - it's totally not me, I've never had this account is few and far between.

But a large chunk of these people cannot honestly pay due to unfortunate life circumstances.

Unfortunate as it may be, there are certain reasons why (and I am not lying) I have never received one collection phone call in my life. I borrow money while having the means to pay it back, and I plan ahead for the unpredictable future. In 2007 I spent 46 days in a hospital and out of school/work - but every single one of my bills were paid timely. It is no one's fault but one's own, in my opinion.

If you are an honest debt collector that follows the law, fine.

Yessir, even though we are a law firm we do actually send out validation notices and give debtors 30 days to request validation, when we could proceed straight to summons. We are not the type of collection agency that makes phone calls, we send out one letter and then a summons.

But many debt collectors do not follow the law, do not have legitimate possession of the debt, do not have any paperwork, and do not have any legal right to the debt!

I will not disagree here, but I believe this is sensationalized.

However, even if the debt is owed, and is legitimate, debtors have numerous consumer defenses available to them in court. Your theme prevalent throughout your commentary is: the debtor can't possibly win: is false.

Will have to disagree here, if everything is kosher (the debt is owed, everything is legitimate, within the SOL) the debtor does not win. I will acquiesce that the bulk of the work I do is for medical bills, but if the defendants file a frivolous boiler plate answer we instantly move for MSJ's and rarely ever lose them, and if we do lose them we win at trial. There is really no defense to medical bills, you were in the hospital and did not pay.

Could the debtor lose? Sure. But an energized, pro-active, debtor, defending the claim, makes life 10 times more work for you!

Pro Se defendants often make costly mistakes that hurt them, and the ones who have the means to hire an attorney, those cases are usually settled because it costs too much $$ to litigate.

I was so looking forward to suing your employer. (are you sure you can't get a transfer to Hanna?)

in the 25 years my employer (who is also my father) has been doing debt collection in NY he has had 0 grievances filed with the bar association and 4 attorney general complaints - each complaint to the AG, was responded to immediately and the AG pursued no further action on behalf of the consumer after our law firm responded.

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Again, Assert the SOL Unifund does not have he paperwork needed to prove this case. They will depend on an affidavit from someone in ther employ. Attack it as heresay which it is. Even if Unifund does have some paper work from the Doctor or what ever, it is not evidence that is admissable as it would be he work product of the OC and without a witness from the OC as to its providence..., see where this is going!

You can beat em easy.

Don't listen to ualbany18, he' a debt collector wannabe.

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Yes, pro se litigants make costly mistakes.

Doesn't that say something of the monstrous evil the court system has become?

Court is not about guilt, innocence, and justice....

Its about the shrewd and educated vs. the gullible and uneducated. Good lawyers, or guys like me, who consider it an olympic sport to take more money from debt collectors than they take from me, win, no matter how guilty or not guilty we may be.

Meanwhile...who gets the shaft?

...the sick, the poor, the disabled, and the uneducated in the face of your rabbinis law firm. They have to pay what they owe plus your usurous attorney fees and costs.

One wonders how you sleep at night...piling on, and living off the back of the misfortunes of the poor, sick, and disabled.

(P.S. I have not come across one debt collector yet who has not run afoul of the FDCPA or state law consumer protections! That is---for the shrewd and educated consumer that is paying attention at all times.)

Edited by trueq
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How long before this debt collector troll is banned?

Oh, yeah, debt collectors for hospitals in NY never make mistakes. :roll:

Once, a check my wife wrote to a hospital (in payment of the debt for the birth of one of our kids) was slightly delayed in the mail, and got to the hospital ONE DAY late. A CA was called in. It turns out that hospital, which is probably one of ualbany's perfect clients, negelected to credit her for the previous month's payment.

Yes, anyone contacted by a debt collector is contacted for a reason. However, many times the reasons are dubious, or even fraudulent.

In the meantime, remember this forum is a way for people who have fallen on hard times to get back on their feet. If that offends anyone, feel free to kiss my hairy a$$!

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Yes, pro se litigants make costly mistakes.

Doesn't that say something of the monstrous evil the court system has become?

Court is not about guilt, innocence, and justice....

Its about the shrewd and educated vs. the gullible and uneducated.

I will agree with basically everything you said here, a lay person simply cannot represent themselves adequately enough in the US judicial system - but it's been that way long before you or I got here and it's not going to change.

...the sick, the poor, the disabled, and the uneducated in the face of your rabbinis law firm. They have to pay what they owe plus your usurous attorney fees and costs.

One wonders how you sleep at night...piling on, and living off the back of the misfortunes of the poor, sick, and disabled.

If you have a problem with the healthcare system in the United States, write your congressman. Oh, and there is no attorneys fees on hospital bills! Just the principle, interest allowed by statute and court costs and disbursements for filing the action.

(P.S. I have not come across one debt collector yet who has not run afoul of the FDCPA or state law consumer protections! That is---for the shrewd and educated onsumer that is paying attention at all times.)

Again, I would not really have experience with this. I pay all of my bills on time and have never received one collection phone call in my life.

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So your health care client essentially pays you a large chunk of what you collect, which does not benefit the healthcare company or health care system at all.

I could write my Congressman, but the Trial Lawyers Association has Congress bought and paid for!

Are you taking a day off on beating up the uneducated today?

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Hey all, if you don't want to listen to a user's comments, there is an ignore button.

Other than that, just keep things civil, please. Opposing points of view are fine and vigorous defense of opinions are encouraged. However, name calling is not tolerated.

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Hey all, if you don't want to listen to a user's comments, there is an ignore button.

Other than that, just keep things civil, please. Opposing points of view are fine and vigorous defense of opinions are encouraged. However, name calling is not tolerated.

Agreed, I have been nothing but respectful - I felt the need to join this community because honestly lurking made me want to vomit in my mouth. There absolutely needs to be a pro creditor voice on this forum. The moment the advice is brought up that "it is time to start paying back your bill" people go a little too intense about it.

From reading threads on this forum I begin to understand why our economy is in shambles and our banks are crumbling. Debtors are getting sued for debts they legitimately owe and are looking for miraculous affrimative defenses and FDCPA violations to get out of them.

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There absolutely needs to be a pro creditor voice on this forum. The moment the advice is brought up that "it is time to start paying back your bill" people go a little too intense about it.

In some cases, "starting to pay back your bill" is fine and dandy. The problem is when you try to agree to a payment plan you can actually afford and the CA says, "payments are not an option, I need $10K today or we sue tomorrow. What's your bank account number so we can avoid a lawsuit." When I refer to scumbags, these are the CA's I am referring to. And yes, those are the exact words from a CA I had to deal with.

Maybe the admin can create a "Creditors are The Best" sub-forum and the "pro creditor" voices can post the great relationships they have with their credit card companies? :roll:

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You just defined the issue,

Debtors are looking for miraculous defenses to get out of debts.

Your issue is: Law is not about the guilty and innocent!

Law is about the educated and shrewd!

Rarely, pro se' litigants are educated and shrewd.

BUT,

Pro se' litigants can become educated and shrewd in court by looking up good, winning, consumer pleadings in their local court jurisdiction...

and then if they notice the judge is going to "ring them up", despite the good pleadings, on a preliminary SJ motion anyway....

9 times out of 10, consumers can exercise arbitration clause to escape the courtroom...

This all grinds on you, doesn't it?

You want easily shootable fish in the barrel. Debtors that believe they can't win. You want to beat up the ignorant, uneducated, poor, sick and disabled.

ITS ONE THING ABOUT COURT...ITS NEVER OVER UNTIL BOTH PARTIES DECIDE ITS OVER!

Fight! Conquer! Win!

Edited by trueq
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