yellowdog Posted March 25, 2012 Report Share Posted March 25, 2012 I have most of my argument ready to go and I will do my best to muddle through, as I will be hitting the JDB with Hearsay, Unathentication and irrelevance on the BOS to get it stricken from the record which means HOMERUN and not validating the debt.This judge is not very patient so I need to hit them with an effective opening statement to get his attention. Short & Sweet any suggestions ?The JDB has also three clear FCRA violations, and I plan on introducing a copy of my credit reports to prove it, but I know the JDB turd lawyer will object to it as hearsay which would be correct without an affidavit or live person witness. However, I can use that objection as a lead in for my argument to object to the fraud BOS which doesn't have affidavit or real person witness either. thanks in advance ... Link to comment Share on other sites More sharing options...
BV80 Posted March 25, 2012 Report Share Posted March 25, 2012 I have most of my argument ready to go and I will do my best to muddle through, as I will be hitting the JDB with Hearsay, Unathentication and irrelevance on the BOS to get it stricken from the record which means HOMERUN and not validating the debt.This judge is not very patient so I need to hit them with an effective opening statement to get his attention. Short & Sweet any suggestions ?The JDB has also three clear FCRA violations, and I plan on introducing a copy of my credit reports to prove it, but I know the JDB turd lawyer will object to it as hearsay which would be correct without an affidavit or live person witness. However, I can use that objection as a lead in for my argument to object to the fraud BOS which doesn't have affidavit or real person witness either. thanks in advance ...What are the FCRA violations? I would not use the word "fraud". Without proof, that's not a good idea. Link to comment Share on other sites More sharing options...
yellowdog Posted March 25, 2012 Author Report Share Posted March 25, 2012 I sent this letter to the JDB & Attorney. The credit report is clear of all violations, and i plan to file after this case is finished. I would have counterclaimed but it is too late.As you know we have been involved in Case NO. xxxxxxxx In The County Court Of The xxxxxxxxxxxxxxxxxxxxxxx, Florida. Although both sides have decidedly different views of the facts, it is quite clear that CACH, LLC & Attorney have violated several Laws which I will describe.If necessary, I will take this dispute to court to collect the fines due. I hope that this isn't necessary and that we can arrive at a sensible compromise. According to The Fair Debt Collection Practices Act (FDCPA) $4000.00 is due me at this time and I will give you until the 30th Day of March 2012 to contact me about Settlement, otherwise I will pursue a Lawsuit in the Courts. I will use this letter as part of my court documents and Affidavit of Claim.1) If you dispute a debt, the collection agency fails to report it disputed to the credit bureaus. I have proof on my Credit Report that CACH, LLC has failed to report to the credit bureau that the alleged debt is being disputed. In Protection Under the FDCPA section 807(8) Fine: $1,0002) Collection Agencies if they have not validated the debt and they still continue to report to the credit bureaus. I have checked my Credit profile and CACH, LLC continues to negatively report to the Credit Bureaus to this very day of this letter even though they have never validated the debt. Consumer Protection afforded by the FDCPA section 809 (, FTC opinion letter Cass from Lefevre. Fine: $1,0003) Collection Agencies if they do not validate the debt yet continue to pursue collection activity (file for judgments, call/write me). As of the day of this letter CACH, LLC and their Attorney have never validated the alleged debt. Consumer Protection afforded by the FDCPA section 809 ( Fine: $1,0004) If I dispute a debt, and a debt collector fails to report it as a disputed to the Credit Bureaus. Again, as in the FDCPA, the disputed debt has not been reported by CACH, LLC as being disputed to the Credit Bureaus under FCRA. Protection under the Fair Credit Reporting Act (FCRA) section 623 Fine: $1,000 Link to comment Share on other sites More sharing options...
BV80 Posted March 25, 2012 Report Share Posted March 25, 2012 Regarding #2 and #3, was you DV request sent within the first 30 days of their first contact with you? If not, they didn't have to validate and could try to collect.Please don't take my questions the wrong way. I'm not trying to discourage you. Link to comment Share on other sites More sharing options...
Coltfan1972 Posted March 25, 2012 Report Share Posted March 25, 2012 You posted that you don't have a counterclaim filed. If that is correct, then what you are arguing is irrelevant. An FCRA and/or FDCPA case/argument is totally independent of their case against you. You could possibly, as a stretch, try to argue their violations could go to credibility so it's relevant. However, as you correctly stated, it appears at this time you are left with hearsay. If you sue them for an FDCPA violation, and they try to introduce the validity of the underlying debt, you would be (or should) objecting at the top of your lungs. Just prepare to beat them based on the alleged facts contained in their lawsuit against you. Link to comment Share on other sites More sharing options...
yellowdog Posted March 26, 2012 Author Report Share Posted March 26, 2012 BV80,I sent the DV request a week or two after they contacted me and you are not discouraging me at all, I appreciate your advice and I need it badly. Coltsfan,At first before I came here, I felt as though I should introduce everything to give me the best shot at victory, but like you both have stated, it is really not relevant. I hope the judge doesn't hammer for it because I did include it in a MTD.. my mistake I am committed to exposing the BOS, and I am going to lay it on the line win lose or draw, is it wise for me to hammer the card statements as well ? When it comes right down to it, if I get the BOS struck isn't the statements hearsay at that point anyway ? thanks Link to comment Share on other sites More sharing options...
Coltfan1972 Posted March 26, 2012 Report Share Posted March 26, 2012 I don't think the judge is going to be hard on you. They would just object and the judge will probably just sustain the objection and tell you to move to another line of questions. Argue goes to credibility if they violate a collection and CRA law(s) and this case has to due with debt collection. However, I'd be shocked if there is really a trial. Link to comment Share on other sites More sharing options...
yellowdog Posted March 26, 2012 Author Report Share Posted March 26, 2012 After I am done pounding these TurtleDuffs into next year and send them packing for higher ground, thanks to many of you here especially you and BV80, I will post the results of case ! Also, if the judge allows that bogus Bill Of Sale and JDB wins the case, I assume an Appeal is in order because the Case Law is truly on my side with foundation issue and Unauthenticated Hearsay...It is time to draw swords and draw that line in the stand buddy, I have had enough of their threats, intimidation and fear tact... Link to comment Share on other sites More sharing options...
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