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Got Dismissal W/Prejudice - Now just received phone call and dunning letter from CA


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Okay -- for those not in the know, I went to battle with Equable Ascent, JDB over a Chase debt. The day before trial in late January, after I submitted a trial brief, the JDB lawyer moved for dismissal with prejudice, which was granted by the court.

Today I receive a phone call and in the mail a dunning letter from a CA for the same alleged debt. I took the call, got all their information and informed them that the alleged account had been taken to court and was dismissed with prejudice. The CA was polite and said he would close the file and refer back to their client, who they said was Equable Ascent.

Can I go after them for anything? I recently pulled my credit report (February 15) and the EA claim was on there. I contested the debt and am awaiting the results.

After the hell these scumbags put me through, I'd love to get my pound of flesh from them as well.

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I have been lurking on these boards for a short time now. I was served in January by Midland Funding over a HSBC CC. Of course they bought it as a JDB. Attorneys in Des Moines, IA sued me, Wetsch & Abbott, I replied with a deny Pro Se. Today I went to court shaking in my boots, one other person showed up for another case, no plaintiffs, is that weird? Magistrate heard the first case, the guy admitted to owing the debt and blah, blah blah. Called upon me next and wanted to know if I had the debt with HSBC, I said, "Yes, your honor, but I do not have any affiliation with Midland nor have I ever had an account with them. He then proceeded to read their affidavit and stated that the account was referenced in it. I replied yes your honor, but there is no actual proof of assignment and the person attesting to it is committing hearsay. There is no viable proof showing my account number, with my name , nor the amount being transferred to Midland.

He stated that is true, Case is Dismissed and he gave me a crooked smile.

WOOHOO!!!!!!! WOOT WOOT. You guys rock on here. :BigDance::everybodyclap::everybodyclap::everybodyclap::everybodyclap::everybodyclap:::linedancers::::linedancers:::wave:

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I havent gotten that far yet with mine. The most I got was a dismissal without prejudice, and they went and amended and are dragging it out.

I know what you're feeling though, it sounds like you're in the clear, whatwith the CA looking to update/delete your account now. Just inform them that they case had gone to court and was dismissed with prej.

I'm not sure how they delete or what they have to do. Im sure someone on this board has been thru similar. Look for cases that are most like yours, and proceed thusly. Good luck!

I had a CA call me back and I said "It's paid." And then he said it was a followup call because I had called the to make sure their settled in full letter was sent. He assured me that a letter had been sent out. I'll see it when it gets here.

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I have been lurking on these boards for a short time now. I was served in January by Midland Funding over a HSBC CC. Of course they bought it as a JDB. Attorneys in Des Moines, IA sued me, Wetsch & Abbott, I replied with a deny Pro Se. Today I went to court shaking in my boots, one other person showed up for another case, no plaintiffs, is that weird? Magistrate heard the first case, the guy admitted to owing the debt and blah, blah blah. Called upon me next and wanted to know if I had the debt with HSBC, I said, "Yes, your honor, but I do not have any affiliation with Midland nor have I ever had an account with them. He then proceeded to read their affidavit and stated that the account was referenced in it. I replied yes your honor, but there is no actual proof of assignment and the person attesting to it is committing hearsay. There is no viable proof showing my account number, with my name , nor the amount being transferred to Midland.

He stated that is true, Case is Dismissed and he gave me a crooked smile.

WOOHOO!!!!!!! WOOT WOOT. You guys rock on here. :BigDance::everybodyclap::everybodyclap::everybodyclap::everybodyclap::everybodyclap:::linedancers::::linedancers:::wave:

Congratulations! Excellent job! :everybodyclap:

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Okay -- for those not in the know, I went to battle with Equable Ascent, JDB over a Chase debt. The day before trial in late January, after I submitted a trial brief, the JDB lawyer moved for dismissal with prejudice, which was granted by the court.

Today I receive a phone call and in the mail a dunning letter from a CA for the same alleged debt. I took the call, got all their information and informed them that the alleged account had been taken to court and was dismissed with prejudice. The CA was polite and said he would close the file and refer back to their client, who they said was Equable Ascent.

Can I go after them for anything? I recently pulled my credit report (February 15) and the EA claim was on there. I contested the debt and am awaiting the results.

After the hell these scumbags put me through, I'd love to get my pound of flesh from them as well.

Citibank did the same thing to me. Dismissed with prejudice, then phonecalls from a CA.

I'd drag the law firm back into court along with Equitable. They obviously didn't do a good enough job informing their client that they lost. I bet that they'd argue that it was a clerical error and they forgot to check a box on a form or something of the sort. I also bet they file far too many cases per year to actually review what they're doing. (645 F.Supp.2d 917 - Google Scholar) I'd also nail them on any other violations they committed during or prior to the litigation. Then I'd argue that Equitable is also responsible for the attorney's actions. The following brief can give you some ideas, starting at about page 6: http://www.archive.org/download/gov.uscourts.nmd.205754/gov.uscourts.nmd.205754.95.0.pdf I would not be very nice if I were in your shoes.

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Citibank did the same thing to me. Dismissed with prejudice, then phonecalls from a CA.

I'd drag the law firm back into court along with Equitable. They obviously didn't do a good enough job informing their client that they lost. I bet that they'd argue that it was a clerical error and they forgot to check a box on a form or something of the sort. I also bet they file far too many cases per year to actually review what they're doing. (645 F.Supp.2d 917 - Google Scholar) I'd also nail them on any other violations they committed during or prior to the litigation. Then I'd argue that Equitable is also responsible for the attorney's actions. The following brief can give you some ideas, starting at about page 6: http://www.archive.org/download/gov.uscourts.nmd.205754/gov.uscourts.nmd.205754.95.0.pdf I would not be very nice if I were in your shoes.

So, I should file a new lawsuit against the attorney and the JDB? I know these guys filed over 500 cases in Colorado last year on behalf of Equable. I assume it would be for malicious prosecution?

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So, I should file a new lawsuit against the attorney and the JDB? I know these guys filed over 500 cases in Colorado last year on behalf of Equable. I assume it would be for malicious prosecution?

First off, if there are any good consumer attorneys in your area, you could probably get representation without a penny out of your pocket. However, if there are no good consumer attorneys, or you want to make a bloodsport out of it, that's what I'd do. I'd find every single case that law firm filed in 2011 and I'd do my best to evicerate them with that list.

FDCPA for starters. It would be especially helpful if you saved every scrap of everything they ever sent you. You can go with IIED under the FDCPA and it is under a less stringent standard than going for IIED under state law. If you pull something like that though, you had better make sure you have your ducks in a row, because you still have to show that there was some physical manifestation. Malicious prosecution might just fit, but you need to look up CO's case law on that. If you are in NM, for example, we don't have malicious prosecution here. Our courts have combined malicious prosecution and abuse of process into one tort called Malicious Abuse of Process. You don't want to get bitten by something like that. Or, maybe it has a special requirement that your case doesn't quite fit.

Also look up CO's fair debt colletion practices act. While attorneys themselves don't have to be licensed, if they have any non-attorney employees who engage in debt collection as per the definition in the act, they do need to be licensed. If you don't have a private right to action under that statute, don't worry. If they need to be licensed but aren't, it'll trigger various 1692e violations and a 1692f violation. The same may go for other violations of that act. I don't have any CO case law or USDC D of CO case law on that, but I do have some case law from the USDC D NM. We're both in the 10th Circuit, so that should help.

I'd also look to see what other sorts of consumer protection laws are on CO's books. There might be something good in there.

Edited by usagi555
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