jackson212

anyone here actually gone to DISTRICT court and won?

Recommended Posts

is there anyone here who has commenced an action in district/Federal court against a CA and OC and actually won on FDCPA or FCRA violations?

i've heard people recommend filing a suit againt the ca or oc in district/federal court for fdcpa violations as opposed to in state court. but has anyone ever commenced an action pro se and actually won?

id love to hear experiences

if you filed suit and they settled in your favor that will count as a win for purposes of this thread

Edited by jackson212
Link to post
Share on other sites
is there anyone here who has commenced an action in district court against a CA and OC and actually won on fdcpa or fcra violations?

i've heard people recommend filing a suit againt the ca or oc in district court for fdcpa violations. but has anyone ever done it pro se and actually won?

id love to hear experiences

if you filed suit and they settled in your favor that will count as a win for purposes of this thread

Wife was sued for about $17,000 in 2007 by junk debt buyer, consulted with Attorney, decided I would do better handling it myself. Wife never had to appear in court after I helped her answer complaint and file affirmative defenses and countersued for FDCPA violations and FCRA violations. Attorney called on a Saturday morning and asked wife if she would drop her countersuit they would drop their lawsuit. I told wife I would prosecute the countersuit but she just wanted it to be over with so I told her make sure they dismiss with prejudice. The law firm agreed to dismiss with prejudice and $17,000 was extinguished. As you are aware I'm getting ready to attack DISCOVER BANK.

Link to post
Share on other sites

thanks.

yes i am aware and i will keep you posted. if you have any breakthroughs, or any heads up that you think would be helpful to me in re: discover please message me. and yes ill do the same. things will hit the fan when i motion to compel, stay tuned

Link to post
Share on other sites

Four times in Federal District court. All four times resulted in favorable settlement terms. The process for each one went:

1. File

2. CA responds and files 12-b-6 motion for dismissal.

3. I file my response to their motion for dismissal.

4. They see your response makes sense, they call and tell you that this court action will take years and alot of your time to resolve. You reply that you are aware of this and that you are in no hurry and that you have found it is a enjoyable pasttime doing all the research.

5. Couple of days latter they call and ask if there is possibly some way we can resolve this matter. You tell them what you want, they counter and then done.

You really want to settle, because you can get things in a settlement that would not be possible from the court. For example once I not only got my TL's removed I also got DW's removed. Also generally speaking, they will be very generous with perks, but very tight on money.

Link to post
Share on other sites
Guest usctrojanalum

I'd personally stay out of the Federal Courts if possible. NY's CPLR is vastly different from the Fed rules of Civ Pro and I would not want to learn all new procedures. I'd personally prefer Supreme Court of the County where the cause of action arose, yeah it's $305 to get an index number and a judge but you can win a whole case start to finish and never even have to show up once. Everything can be done on papers.

Link to post
Share on other sites
Four times in Federal District court. All four times resulted in favorable settlement terms. The process for each one went:

1. File

2. CA responds and files 12-b-6 motion for dismissal.

3. I file my response to their motion for dismissal.

4. They see your response makes sense, they call and tell you that this court action will take years and alot of your time to resolve. You reply that you are aware of this and that you are in no hurry and that you have found it is a enjoyable pasttime doing all the research.

5. Couple of days latter they call and ask if there is possibly some way we can resolve this matter. You tell them what you want, they counter and then done.

You really want to settle, because you can get things in a settlement that would not be possible from the court. For example once I not only got my TL's removed I also got DW's removed. Also generally speaking, they will be very generous with perks, but very tight on money.

I have a judgement in my favor with an affidavit that is misrepresented a debt.

If I sue, I only get upto $1000 is that true?

Link to post
Share on other sites
With all of the consumer attorneys willing to take these cases for free why go pro se?

You get 1000.00 either way without the headache of representing yourself.

I wish I lived near you. I have a clear violation right now, and talked to 3 consumer attorneys in my area who agree it's a legitimate violation, and not a one could be bothered with a measley 1k case...

Edited by workingpoor
Link to post
Share on other sites
ADSOFT

I have a judgement in my favor with an affidavit that is misrepresented a debt.

If I sue, I only get upto $1000 is that true?

That's correct. No matter how many times a particular CA or JDB violates the FDCPA...the most you can be awarded in statutory damages is $1000.

Some believe one is awarded $1000 "per violation". That's not the case. It's per cause of action. If the JDB violates 30 times and you sue...that's one cause of action...violation of the FDCPA.

Link to post
Share on other sites
With all of the consumer attorneys willing to take these cases for free why go pro se?

You get 1000.00 either way without the headache of representing yourself.

$1000.00 is the statutory limit.

You can also sue for actual damages on top of that. People have sued under FDCPA for stress, harassment, loss of sleep, loss of jobs when employer was involved. So if you can show actual damages on top of statutory then $1k is not the limit.

Link to post
Share on other sites
$1000.00 is the statutory limit.

You can also sue for actual damages on top of that. People have sued under FDCPA for stress, harassment, loss of sleep, loss of jobs when employer was involved. So if you can show actual damages on top of statutory then $1k is not the limit.

Correct. I simply meant that $1000 is the statutory limit no matter how many FDCPA violations occurred.

Link to post
Share on other sites
I'd personally stay out of the Federal Courts if possible. NY's CPLR is vastly different from the Fed rules of Civ Pro and I would not want to learn all new procedures. I'd personally prefer Supreme Court of the County where the cause of action arose, yeah it's $305 to get an index number and a judge but you can win a whole case start to finish and never even have to show up once. Everything can be done on papers.

isnt supreme court $25,000 minimum (damages) to commence

Link to post
Share on other sites
Guest usctrojanalum
isnt supreme court $25,000 minimum (damages) to commence

No they have what is called "original jurisdiction" and can hear every single type of case in the county for any dollar amount. However, any amount greater than $15k on Long Island and upstate NY, and any amount over 25k in NYC needs to be filed in Supreme. I sued someone in Supreme Suffolk over property damages sustained in a auto mobile accident where I was only looking for 10k.

Link to post
Share on other sites
No they have what is called "original jurisdiction" and can hear every single type of case in the county for any dollar amount. However, any amount greater than $15k on Long Island and upstate NY, and any amount over 25k in NYC needs to be filed in Supreme. I sued someone in Supreme Suffolk over property damages sustained in a auto mobile accident where I was only looking for 10k.

you have presented a very interesting alternative. i would much rather stay within the CPLR rules.

the only question i have is, do i need to designate this somewhere in my complaint? (the "original jurisdiction" part)

in the meantime, i will conduct my own due diligence and look into the statutes, etc on this.

thanks

Link to post
Share on other sites
Guest usctrojanalum

Nope doesn't need to be designated in the complaint. The Courts know their jurisdictional limits. There are a few different quirks in Supreme Court than Civil Courts you have to look out for such as the request for judicial intervention, note of issue, defendants have more time to answer in Supreme Court than Civil Courts.

Link to post
Share on other sites

trust me i'd rather be in supreme court than in lower civil courts. lower civil courts are a complete nightmare, aka, kangaroo court as i heard one lawyer tell me in frustration.

yeah thanks, im still deciding.

Link to post
Share on other sites

The last place I'd file an FDCPA claim is in NY State Supreme. The judges don't understand the law, want to listen less than the magistrates do, and in a lot counties you won't have the disciplined approach to case management you get in federal court.

You might do okay in the City or District Court, but I prefer going fed.

Try NACA.net for someone near you.

Link to post
Share on other sites
Wife was sued for about $17,000 in 2007 by junk debt buyer, consulted with Attorney, decided I would do better handling it myself. Wife never had to appear in court after I helped her answer complaint and file affirmative defenses and countersued for FDCPA violations and FCRA violations. Attorney called on a Saturday morning and asked wife if she would drop her countersuit they would drop their lawsuit. I told wife I would prosecute the countersuit but she just wanted it to be over with so I told her make sure they dismiss with prejudice. The law firm agreed to dismiss with prejudice and $17,000 was extinguished. As you are aware I'm getting ready to attack DISCOVER BANK.

Something you stated caught my eye... I was sued by Portfolio Recovery Associates, and got them to propose Dismissal with Prejudice after the court granted my motion to validate the debt. Does this mean that the debt they tried to collect is extinguished? So, PRA can't sue me again, but did that original debt now disappear from my record?

The other reason I am asking is that they are now trying to collect on the debt after the case was dismissed. I am sure that is not legal, is it? After all, they can't sue me again....

Link to post
Share on other sites

Got another question... Case in District Court in Colorado... I have motioned to Validate Debt, which of course the Plaintiff jumped all over, but court has not ruled on it, and that has been over a month ago, perhaps longer.

I am actually ready to file a Motion To Dismiss with Prejudice, but not sure if I can do that with my other motion out there. Any thoughts?

Link to post
Share on other sites
Guest
This topic is now closed to further replies.