calawyer 1,848 Posted March 4, 2011 Report Share Posted March 4, 2011 http://www.courthousenews.com/2011/03/04/34671.htm Link to post Share on other sites
BV80 2,797 Posted March 4, 2011 Report Share Posted March 4, 2011 (edited) Bless that poor guy's heart. Thanks for posting the article, calawyer. Edited March 4, 2011 by BV80 Link to post Share on other sites
calawyer 1,848 Posted March 5, 2011 Author Report Share Posted March 5, 2011 As long as we are "blessing hearts", a big one goes out to Dick Rubin who represented the plaintiff on appeal. Dick is an amazing lawyer who co-authored NCLC's book on Fair Debt Collection and has been making good law in this area for many years. Link to post Share on other sites
nascar 961 Posted March 5, 2011 Report Share Posted March 5, 2011 I don't believe for one nanosecond that the JDB paid $3800 for a delinquent $3000 credit card debt. Link to post Share on other sites
Xcalibar 16 Posted March 5, 2011 Report Share Posted March 5, 2011 I don't believe for one nanosecond that the JDB paid $3800 for a delinquent $3000 credit card debt.I don't believe it either, there is no way in HECK that they paid $3,800 for a single debt, that wouldn't be a good business model Link to post Share on other sites
Xcalibar 16 Posted March 5, 2011 Report Share Posted March 5, 2011 http://www.courthousenews.com/2011/03/04/34671.htmIf anyone is interested, the actual Opinion can be download at the below link:http://www.ca9.uscourts.gov/datastore/opinions/2011/03/04/09-35767.pdfEnjoy!!!! Link to post Share on other sites
Guest usctrojanalum Posted March 5, 2011 Report Share Posted March 5, 2011 Now Mr. McCollough just needs an excellent collection lawyer. Link to post Share on other sites
Methuss 10,104 Posted March 6, 2011 Report Share Posted March 6, 2011 (edited) Nah. Just a levy on the firm's property. Foreclose and sell their office space. My question is... why back in 2003 did the consumer pay $75 to reimburse the collector for court costs when the collector dropped their original time barred suit under a valid affirmative defense? Seems that is the collector's loss.Also a nice nugget in the court's opinion states that it is an FDCPA violation for any debt collection lawyer to send a conumer an admission document asking for anything that could be deceptive or false. e.g. Asking the consumer to admit that the debt is valid when the consumer has raised an affirmative defense. Edited March 6, 2011 by Methuss Link to post Share on other sites
Guest usctrojanalum Posted March 6, 2011 Report Share Posted March 6, 2011 Nah. Just a levy on the firm's property. Foreclose and sell their office space. You make it sound so simple, the man is a retired janitor with brain damage. Link to post Share on other sites
Methuss 10,104 Posted March 7, 2011 Report Share Posted March 7, 2011 You make it sound so simple, the man is a retired janitor with brain damage.I think you missed the reference to the recent case where a guy sued for RESPA violations and did exactly that to WellsFargo.In any case, he got counsel...so he has a lawyer to handle it. Link to post Share on other sites
yyzjohn 12 Posted March 7, 2011 Report Share Posted March 7, 2011 I have a JDB doing that right now but they don't report to my CRAs so I really don't care about it. Link to post Share on other sites
