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What are they up to????


ipigott
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A JDB filed a suit against me (Dec 2010) but I was never served. 2 months later, the suit was "dismissed- nonsuit" (Feb 2011). Now (March 2011) they have sent me a letter stating "We have recently filed a suit against you, case XXXXX in court XXXXX. You have not contacted us so we are making you an offer. Pay us $XXX.XX per month until the debt is paid in full beginning this month...." WTF???????? What are they up to???? I have NEVER contacted them or replied to them in anyway.

I have not received anything from the court regarding this case. I only have knowledge of it being dismissed by checking my local courthouse website daily.

I also recently starting receiving phone calls from them on my cell phone....of which I also "ignore" but save the voicemails.

Any ideas or suggestions on where to go from here?

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They could very well be in violation of the FDCPA...using unconscionable means to collect a debt. If it were me, I'd go to the court house, get the file, and make a copy of the dismissal for my records.

Tell us more about the voicemails, please.

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The last voicemail started off with " this call is for ipigott, if you are not ipigott (giggle) please hang up now..if you are ipigott, continue to listen...this is so and so with A$$et Accpt Corp...it is imparative you return our calls regarding a debt." He leaves his name, phone number and ext. and my file number. ---they called my cell phone....I have never given any credit card company permission to call my cell phone...

What are the chances they will refile? I really think it is out of SOL anyway but will be prepared to fight them til the end.

Last payment made on Nov. 8, 2006. Suit was filed Dec. 9, 2010 then dismissed nonsuit Feb. 17, 2011. Is it common for JDB to dismiss without even serving someone first? Is there a chance my local courthouse asked for more documentation that they coudlnt produce so they dismissed??? Really wish I knew.

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Also, is it a violation for them to state in their March 2011 letter to me that "a case has recently been filed --naming the case number and court filed in--....when in fact that case was already dismissed in Feb. 17, 2011 per their request??????

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Also, is it a violation for them to state in their March 2011 letter to me that "a case has recently been filed --naming the case number and court filed in--....when in fact that case was already dismissed in Feb. 17, 2011 per their request??????

That's what I meant about "unconscionable". Technically, a suit was "recently filed", but if the suit was dismissed, they have no right to lead you believe otherwise. You really do need to get a copy of the dismissal.

The last voicemail started off with " this call is for ipigott, if you are not ipigott (giggle) please hang up now..if you are ipigott, continue to listen...this is so and so with A$$et Accpt Corp...it is imparative you return our calls regarding a debt." He leaves his name, phone number and ext. and my file number. ---they called my cell phone....I have never given any credit card company permission to call my cell phone...

The lack of "this call is from a debt collector," or "this is an attempt to collect a debt" is another FDCPA violation. Even if you know for a fact that you never gave out your cell number, it wouldn't hurt to send a letter revoking permission to call that number. I'm of the belief that if you never gave your cell number to a company, it's not necessary to revoke something you didn't do, but some disagree with that point of view. If you so choose, send a letter. Then if they continue to call and leave that same recorded message, they're in violation of the TCPA.

That being said, if you want them to stop calling period, send a letter telling them you dispute the debt, don't owe it, and to eat dirt.

What are the chances they will refile? I really think it is out of SOL anyway but will be prepared to fight them til the end.

Last payment made on Nov. 8, 2006. Suit was filed Dec. 9, 2010 then dismissed nonsuit Feb. 17, 2011. Is it common for JDB to dismiss without even serving someone first? Is there a chance my local courthouse asked for more documentation that they coudlnt produce so they dismissed??? Really wish I knew.

You never know for sure what JDBs will do, or why they do it. Yes, they could refile. As to why the case was dismissed, who knows? That's why it would be a good idea for you to have a copy of that dismissal.

If they do refile, you not only have the SOL defense, you also have FDCPA violations with which to file a counterclaim.

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Thanks so much for your input BV80. I will make a trip to the courthouse and get a copy of that dismissal.

I was able to print something from the courthouse website that said the case is dismissed. It has the case number, who filed, the dates, etc and my name, but maybe the courthouse will have more information for me to read.

Again, thank you.

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TomnTex

Thats what I thought and have read...some on here say it starts when you first become deliquent---i.e. missed first payment....which would still be Dec. 8,2006 and they filed Dec 9, 2010

If its calcuated based on last payment, then the last payment was Nov. 8, 2006.

Regardless, its past SOL for sure now..and they dismissed with nonsuit. If they wanna refile...bring it on! I will go up against these scumbags. THANKS TO THE WONDERFUL PEOPLE HERE ON CIC I AM ARMED WITH CONFIDENCE!!

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