Jump to content

Being sued for debt collection, need immediate help


Recommended Posts

I have also noticed that they are not listed as a company on our secretary of states website

Can I just print this page and hand it to the judge and ask for a motion of dismissal, since our state says

Failure to properly register a foreign entity can lead to the revocation or unavailability of certain rights or privileges including the ability to maintain a lawsuit in the State. In addition, failure to file can lead to a civil fine or an injunctive action brought by the Secretary of State to restrain the further transaction of business.

Would that be enough of a defense to get this possibly dismissed?

They are registered out of Minnesota

Their attorney is out of Missouri though, so does that even matter at all?

(I would have posted links, but it says I have to have 20 posts first)

I also sent a letter asking for proof of the debt, but they never sent me anything, when I have tried to call, nobody ever answers or returns my phone call. They have sent me a letter since filing suit asking for the full sum, plus interest to be paid, that is all I have ever gotten from them. I haven't even seen a discovery.

Edited by ddude
Link to comment
Share on other sites

Basically, you have the choice between learning your rules of civil procedure tonight, or hoping that somebody who can actually point you in the right direction responds tonight.

Personally, I'd go though your state's rules of civil procedure if it were me. I'd especially look up hearsay rules and the business records exception to hearsay rules. You need to know the rules of evidence. If they are using incomplete or fraudulent evidence, the judge probably isn't going to argue your case for you.

If you think that you can prove that you paid the debt, then do so. You might also want to look up what it takes to get an order of protection or its equivalent. You don't want your private information that is on those checks being part of the public record.

As for what you've found on your secretary of state's website, I have no clue. Laws are typically things that need a lot of context, and that just sounds like it is a synopsis of a law.

I don't mean to sound rude here, but you should have been looking this stuff up earlier and asking for help earlier. It looks like a JDB is after you, and you may have hosed yourself on this one.

All the same, I do wish you luck, and hopefully the judge abides by your state's motto.

Link to comment
Share on other sites

Basically, you have the choice between learning your rules of civil procedure tonight, or hoping that somebody who can actually point you in the right direction responds tonight.

Personally, I'd go though your state's rules of civil procedure if it were me. I'd especially look up hearsay rules and the business records exception to hearsay rules. You need to know the rules of evidence. If they are using incomplete or fraudulent evidence, the judge probably isn't going to argue your case for you.

If you think that you can prove that you paid the debt, then do so. You might also want to look up what it takes to get an order of protection or its equivalent. You don't want your private information that is on those checks being part of the public record.

As for what you've found on your secretary of state's website, I have no clue. Laws are typically things that need a lot of context, and that just sounds like it is a synopsis of a law.

I don't mean to sound rude here, but you should have been looking this stuff up earlier and asking for help earlier. It looks like a JDB is after you, and you may have hosed yourself on this one.

All the same, I do wish you luck, and hopefully the judge abides by your state's motto.

I appreciate your response, this is certainly a last minute thing by me, major mistake.

What does JDB stand for?

Where would I find this information online to help me understand these procedural information?

I have a copy of the check, but I'm not sure if that is even enough evidence by itself.

Link to comment
Share on other sites

I might also add, I was single when this debt was created, but now I am married, and everything in my name (house, cars, all assets) are in our mutual names.

Does that protect them from a judgment?

As well, all my income is from a personally owned LLC, I don't have any paychecks to have garnished.

Link to comment
Share on other sites

JDB = Junk Debt Buyer

You can find acronyms used on this site here: http://www.creditinfocenter.com/forums/please-read-before-posting-board-announcements/247970-commonly-used-abbreviations.html

They purchase debts deemed uncollectable by the original creditor (OC) or other JDBs for pennies on the dollar and try to collect the full amount. I didn't dig very deep, but some of the reports on the one after you seem to be especially disturbing. A lot of people saying they are trying to collect on debts already paid.

A common theme with JDBs is that they show up to court with a bill of sale that does not have the account number on it or your name on it and use that as proof of purchase. They buy portfolios of debt and that is what the bill of sale is for. They also like to use false affidavits to "prove" that somebody at their company has knowledge of the OC's record keeping practices. Is that what these guys have done? I have no clue.

I don't know where Missouri's rules of evidence are, as it is not my state. I also don't know the rules regarding community property in Missouri, so I cannot comment on how this could play into what would happen if you lost.

I would love to give you advice that would win your case for you or tell you that you can ask for a continuance, but I really do not know and any advice that I gave you now would likely be bad advice.

Edited by usagi555
Link to comment
Share on other sites

I wish we knew more about your case.

I hope you filed an answer and your affirmative defenses.

Did they supply an affidavit, bill of sale or any evidence?

It's late in the game, I'm afraid - but, you might try to argue your defense in court. Here's a case that might help - No. ED 93264. - ASSET ACCEPTANCE v. LODGE - MO Court of Appeals

If they supplied any proof, like an affidavit or bill of sale, etc., the above case will help you in how to discredit such proof. Make sure you have the case so that you can use it as a reference.

Let us know how things go! :)++

Link to comment
Share on other sites

judge, court will want to know what trial rules or case law you are using if you want to

ask for continuance, more time or anything you refer to ,etc.

You mentioned asked to prove debt- my understanding on reading up on all this, is you ask in writing for them to validate this debt- sample letters on on this site at top under sample letters, perhaps the info in them will help you for questions to ask.

It may be too late to actually send letter, do not know specifics on your case.

not an attorney just researching myself.

Your credit report - did you check it out, does it show paid, perhaps you could pull it up online this a.m before you go. Bests to you

Link to comment
Share on other sites

I wish we knew more about your case.

I hope you filed an answer and your affirmative defenses.

Did they supply an affidavit, bill of sale or any evidence?

It's late in the game, I'm afraid - but, you might try to argue your defense in court. Here's a case that might help

If they supplied any proof, like an affidavit or bill of sale, etc., the above case will help you in how to discredit such proof. Make sure you have the case so that you can use it as a reference.

Let us know how things go! :)++

Thank you for your response.

I have not been supplied anything, but I'm not positive what they have supplied the court and I have not filed any defense specifically.

Link to comment
Share on other sites

Missouri is "not" a community property state.

Since our marriage, we have filed everything together, I even changed the title on my house to include my spouse, I don't own anything personally by myself, it is all owned jointly.

Would that protect my assets?

Link to comment
Share on other sites

So this is my plan, at this point.

I will dispute their ability to even file a lawsuit since they are not registered with our secretary of state.

I will also say that the debt is invalid, and show proof of payment on the debt from 2006 including the letter that was sent asking the account to be closed (I have a copy of the cleared check).

And then I will turn in a copy of the letter of demand that I did write, in March of 2010 shortly after receiving my summons (my father was still alive at that time, and was helping me be on top of this case then). They never responded to this letter. I suppose that doesn't constitute as defense, but if I choose to counter-claim, I could use it as my offense then.

Anything else I should be doing?

Also, I don't believe I need to send a defense affidavit in Missouri, when we went to pre-trial setting, the judge asked me if there was any dispute to the suit, to which I replied a simple 'yes'.

And now we are having trial today.

Edited by ddude
Link to comment
Share on other sites

At this late stage, it is hard to say.

But, be sure and have that case law I showed you to back up your stance at striking anything the plaintiff might produce in court.

Read it and you will see about the documents, hearsay, etc. - you will need that to refer to - to discredit anything they might try and produce.

Hope that helps! :)++

Link to comment
Share on other sites

Another quick thought - If I were you, I'd be sure and separate "any" account at the bank that you and your wife share.

Don't co-mingle money right now! Even though some of the money might be "her" money, they can wipe the whole account clean.

Good luck and let us know how things turn out! :)++

Link to comment
Share on other sites

don't let them snow you in the hall of the court house say this was paid and I will get legal rep to counter sue.

The court has to allow your evidence.

They were just trying to pressure you.

the court is going to raise their eyebrow that the didn't validate and continued after explaining so don't let them admit anything that they didn't give to you before and object to everything as they are not allowed to file suit in your state.

good luck

Link to comment
Share on other sites

don't let them snow you in the hall of the court house say this was paid and I will get legal rep to counter sue.

The court has to allow your evidence.

They were just trying to pressure you.

the court is going to raise their eyebrow that the didn't validate and continued after explaining so don't let them admit anything that they didn't give to you before and object to everything as they are not allowed to file suit in your state.

good luck

Dismissed without prejudice! Hell yeah!!!!!

Link to comment
Share on other sites

Dismissed without prejudice! Hell yeah!!!!!

Congratulations!

I still didn't dig too deeply on the JDB that was after you, but I suspect that they don't want to show up in front of a judge without a legitimate bill of sale for a debt that has already been paid. They were the ones who dismissed, right?

I'd seriously start digging on them if I were you and look at how to slap them down. There were enough people saying that they were being sued on debts they had already paid to make me think something is dirty. There are some real Grade-F Pussbuckets in that industry.

At the very least, you could report them to your AG's office for filing a suit against you for a debt that you had already paid. I think that Missouri has a decent court lookup website. You might be able to find others who have been sued by these people, and hand that into the AG's office as well.

Link to comment
Share on other sites

Congratulations, but please tell us more!

I just saw your post that your credit report shows it was paid off in 2009 and you also have the checks . . . why wasn't this dismissed "with" prejudice?

I think you need to rip them one! :mrgreen:

Link to comment
Share on other sites

Sorry, that post was from my I-Phone, so I didn't go into details yet.

I showed up, and the suit is fairly old (18 months), when I got there, the opposing attorney asked for a continuance (not sure why), and the judge denied it. So the opposing attorney dismissed it without pre-judice.

I don't know if this means they are going to re-file, or why the opposing attorney backed off so easily.

Any ideas?

I was prepared and ready to fight, copy of my credit report, check written, proof they are not registered in the state etc in my hands, but no chance to show any of it (which is a good thing).

Link to comment
Share on other sites

Sorry, that post was from my I-Phone, so I didn't go into details yet.

I showed up, and the suit is fairly old (18 months), when I got there, the opposing attorney asked for a continuance (not sure why), and the judge denied it. So the opposing attorney dismissed it without pre-judice.

I don't know if this means they are going to re-file, or why the opposing attorney backed off so easily.

Any ideas?

I was prepared and ready to fight, copy of my credit report, check written, proof they are not registered in the state etc in my hands, but no chance to show any of it (which is a good thing).

They probably dismissed because they didn't want to show their hand in front of a judge. For all the talk about judicial corruption (it does exist and it does hurt debtors, very bad sometimes,) many judges will get pissed over lawyers trying to collect on a debt that they do not own, especially when it has already been paid off. Bad things can happen to the attorney.

I have no clue if they'll refile. They sound like a group who avoids people who fight, but your guess is as good as mine. What they did is consistent with keeping the pressure on you via a pending lawsuit, but when it came time to argue, they folded.

This time, if they do refile, arm yourself ahead of time and put a real hurt on them. You might also want to find an reputable consumer attorney who will give you either a free, or at least an affordable initial consultation to see if you can go after them. You shouldn't have to wait for them to refile to do that. If you can go after them, you can often get an attorney to take the case on a contingency basis.

Link to comment
Share on other sites

They probably dismissed because they didn't want to show their hand in front of a judge. For all the talk about judicial corruption (it does exist and it does hurt debtors, very bad sometimes,) many judges will get pissed over lawyers trying to collect on a debt that they do not own, especially when it has already been paid off. Bad things can happen to the attorney.

I have no clue if they'll refile. They sound like a group who avoids people who fight, but your guess is as good as mine. What they did is consistent with keeping the pressure on you via a pending lawsuit, but when it came time to argue, they folded.

This time, if they do refile, arm yourself ahead of time and put a real hurt on them. You might also want to find an reputable consumer attorney who will give you either a free, or at least an affordable initial consultation to see if you can go after them. You shouldn't have to wait for them to refile to do that. If you can go after them, you can often get an attorney to take the case on a contingency basis.

Excellent advice, I learned my lesson to not let something sit though, and thank God for the help that you guys provided me (even though I didn't use it) that allowed me to go in there with more confidence.

I will at least prepare myself for a stronger defense in the future, but I'm not sure if I should go after them, I fear any potential backlash that might arise.

I have been sued once before (over something petty, not related to finances) and I won in appeals.

And I'm suing a former client for non-payment on their contract and I have an attorney that is taking that on contingency.

Link to comment
Share on other sites

Excellent advice, I learned my lesson to not let something sit though, and thank God for the help that you guys provided me (even though I didn't use it) that allowed me to go in there with more confidence.

I will at least prepare myself for a stronger defense in the future, but I'm not sure if I should go after them, I fear any potential backlash that might arise.

I have been sued once before (over something petty, not related to finances) and I won in appeals.

And I'm suing a former client for non-payment on their contract and I have an attorney that is taking that on contingency.

I personally wouldn't fear the backlash. You paid the debt. It is listed on your credit report as paid. They came after you anyway, then showed that they were cowards when you simply showed up. These guys are probably dirty as all hell and do not want their laundry aired for everybody to see. Fear and intimidation is their tool.

Link to comment
Share on other sites

Guest
This topic is now closed to further replies.
 Share

×
×
  • Create New...

Important Information

We have placed cookies on your device to help make this website better. You can adjust your cookie settings, otherwise we'll assume you're okay to continue.. For more information, please see our Privacy Policy and Terms of Use.