Gearing up for Midland

[LR_Knight]

Suppose first I'll mention this isn't at the point yet where court will be involved but considering this JDB's reputation sure it will get there.

I got a letter from JDB back saying I owe them for a Chase account. Also were nice enough to put in big bold letters at top that this letter was a "Reminder and Pre-Legal Notice". Letter said they tried attempted contacting me several times (this was first letter I received).

So I started researching this company, learning they were a JDB. Sent a DV letter in response CMRR.

Today I received back a response from them which reads:

Dear LR_Knight,

Per your request, enclosed are documents for the above-referenced account.

JDB is requesting an immediate payment of balance in full. Upon receipt of the payment and the payment clearing the bank, we will report a "paid" status on your credit report for the above referenced account.

blah blah number to call when I get letter to discuss further.

blah blah this is a communication from debt collector statement.

-----------------------

The only documents that were included with the letter are 5 statement copies. That is it.

Looking for advice on how to proceed next. From what I read these vultures will do whatever it takes to collect so want to prepare soon as possible.

Edited April 2, 2012 by LR_Knight

[Coltfan1972]

Well they properly validated. I would just send them a letter that states, the alleged account remain in dispute. If you don't want calls from them and have not previously told them, tell them all calls are inconvienent.

What county in Arkansas are you in. A lot of the bigger ones have online access. Start reading through the cases and get ready. How much is the debt for?

But as far as what you can do? Pay, settle, or nothing. Not really a lot of options. I would read on here and not start studying after you're served. I see posts here all the time from people that have registered, sometimes as far back as a year, with about a dozen posts. I'll go back and read the prior posts and they will get some info and then wait until they are sued to actually start the learning process.

If your in Pulaski County, all the judge's there are pretty fair and have never seen or heard of any issues with pro-se litigants. I drew Judge Moody and he was great !!

[usagi555]

If you didn't in your DV, you might want to consider disputing the debt in its entirety with them. That way, when they use account stated as a cause of action and claim that they sent you notice and you didn't dispute the debt, you can pull out the original copy of a letter stating that you dispute the debt and shoot their claim down hard. You send them a copy and sign with an X or a squiggle or something other than your normal signature.

[kutuzov]

I get letters from them every 3-6 months, and still waiting for them to sue. I think they got my account for a couple years now, I didn't DV since I didn't even know what it was then. I don't think they will sue you right off the bat, unless you are young or got a good job (not my case). You did good by DV them and just read how to answer a complain to have an idea of what to do when time comes if it comes.

[Coltfan1972]

There is no guarantee they will even sue. Sending a letter of dispute or for DV sometimes alone is enough to send them running. The amount of the debt obviously plays a huge part in the decision. But generally speaking, these vultures look for weakness and people that don't or can't fight back.

[LR_Knight]

Well they properly validated. I would just send them a letter that states, the alleged account remain in dispute. If you don't want calls from them and have not previously told them, tell them all calls are inconvienent.

My original DV letter did state all communication should be made to me in writing just in case they were able to find my number.

What county in Arkansas are you in. A lot of the bigger ones have online access. Start reading through the cases and get ready. How much is the debt for?

I am in Pulaski. I have started reading posts here, including many of yours. But I better start familiarizing myself with some cases too. They state the debt is 10k

But as far as what you can do? Pay, settle, or nothing. Not really a lot of options. I would read on here and not start studying after you're served. I see posts here all the time from people that have registered, sometimes as far back as a year, with about a dozen posts. I'll go back and read the prior posts and they will get some info and then wait until they are sued to actually start the learning process.

If your in Pulaski County, all the judge's there are pretty fair and have never seen or heard of any issues with pro-se litigants. I drew Judge Moody and he was great !!

Well certainly don't plan on paying these vultures. Settle, only if they offered what they paid (unlikely). So my only option is to really fight my hardest. Researching been something I have been doing since I got first communication from them. Still hazy on some things, like Civil Procedure, but if it means beating these guys I'll do what I can!

[LR_Knight]

If you didn't in your DV, you might want to consider disputing the debt in its entirety with them. That way, when they use account stated as a cause of action and claim that they sent you notice and you didn't dispute the debt, you can pull out the original copy of a letter stating that you dispute the debt and shoot their claim down hard. You send them a copy and sign with an X or a squiggle or something other than your normal signature.

I will do that. I take it all I have to say is:

Vulture ref. number

Amount

Dear Vultures,

I dispute the above referenced amount in its entirely.

X

Would that be suitable enough or do I need more?

[usagi555]

I will do that. I take it all I have to say is:

Vulture ref. number

Amount

Dear Vultures,

I dispute the above referenced amount in its entirely.

X

Would that be suitable enough or do I need more?

Simple is good. I would not use the word amount, I would use "account" or the word "debt." You want to make it clear that you believe that they don't have a leg to stand on without giving anything away.

[Coltfan1972]

10K, yeah they will probably coming calling. If you don't already know, you can access all the cases in pulaski county with pulaskiclerk.com Home Page

They will probably use some law firm tools of Mac Golden (has an address listed in Beebe that is an apt complex, drove by their once, off HWY64), Husto and Buchannan or something like that (a lady in Rogers is suing that firm right now for FDCPA violations). The firm I destroyed was Southern and Allen off Cantrell Road. The attys I faced are no longer there, but if they were and you got sued by them, I'd send a limo to pick them up for court.

Good Luck. I'd suggest going to the courthouse and watching court. I did that. Go on the 2nd floor and you got four major courts going on at the same time all within about 45seconds of each other. If one gets boring just go right next door. 3rd Division is all civil and 6th is mostly civil. The others are a mix of cirminal and civl. All the divorces and family courts are on the third floor so you can just stay off that floor.

[kutuzov]

I guess you could have some beers with colftfan andt all your doubts "settled"

[LR_Knight]

10K, yeah they will probably coming calling. If you don't already know, you can access all the cases in pulaski county with pulaskiclerk.com Home Page

They will probably use some law firm tools of Mac Golden (has an address listed in Beebe that is an apt complex, drove by their once, off HWY64), Husto and Buchannan or something like that (a lady in Rogers is suing that firm right now for FDCPA violations). The firm I destroyed was Southern and Allen off Cantrell Road. The attys I faced are no longer there, but if they were and you got sued by them, I'd send a limo to pick them up for court.

Good Luck. I'd suggest going to the courthouse and watching court. I did that. Go on the 2nd floor and you got four major courts going on at the same time all within about 45seconds of each other. If one gets boring just go right next door. 3rd Division is all civil and 6th is mostly civil. The others are a mix of cirminal and civl. All the divorces and family courts are on the third floor so you can just stay off that floor.

Understood. Work M-F plus have elderly mother I have to care for. See if I can take off a day or two to do that. Any particular day better than other?

[LR_Knight]

I guess you could have some beers with colftfan andt all your doubts "settled"

I have much to learn. I am but a Padawan, Coltfan is indeed a Master.

[Coltfan1972]

Any particular day better than other?

Monday is mostly all pleas for criminal and they have to rush the criminals into court to make it w/i the 48hrs of arrest to see a judges before they have to cut them lose. So Monday afternoons seemed pretty busy.

My hearings were in Div 3 and were always in the afternoons, Tuesdays and Thursdays, never a Friday. I was in the court that was all civil. It was usually pretty packed with a ton of stuff going on.

2nd Div is right next door, literally 10 feet away. That is a huge courtroom, all criminal on Mondays and then the rest of the week a mix. So I'd plan on some 3rd division and you can just walk next door to 2nd. Both judge's are cool. Not that they would have a vote, but they won't have any issues with you just sitting in.

Use the website link I gave you. It is exactly what is in the clerks office in the hard copies. You can print from the website and it is free. Also you can click on the attorney name on the site and it will bring up all their cases. This is a HUGE benefit. You can go look at their motions and see just how they fight, well if they fight, most don't.

Good luck.

[LR_Knight]

@Coltfan

Spent the last hour looking through many cases, mainly in the DO section, and have to say by looks of it not many people try to fight it. But then when see the ones that do, and see them tuck tail it does give make you think that can pull out a win.

Going to take your advice and really start studying these cases and familiarizing myself with the procedures. Not at level post wise to post link but I have located the Rules of Civil Procedure on AR Gov site.

--------------

And of course I'll keep updating this thread asking for advice from any and all that will help.

[Coltfan1972]

Yes, people don't fight. That will help you of course. They will probably see you as the one out of a hundred that even answer the suit so might just move to easier prey.

The only thing is 10K is a lot, they will probably take a run at it.

Don't worry about posting the link for the Rules of Civil Procedure, but thanks. I've got them in book form sitting right here on my desk. Let's just say, it is a well worn book.

[1stStep]

The moment you answer their suit, you've shattered their profit potential for the account...the JDB paid, at the most, 10 cents on the dollar for the account. Add in a few hundred for court costs and legal fees - maybe they "invest" $2k on a $10k debt...

The moment you answer, you start the meter - past a certain point, then the profit potential vanishes, they have a decision to make - go all the way to trial, and possibly lose, or dismiss and go after everyone that does not fight.

[legaleagle]

This would be my offer to any JDB. Coltfan will take good care of you, but I'll be in the background keeping an eye on him. Limo? Must think he's Ric Flair. WOOOOOO!

This could be Coltfan's style in court.

Edited March 30, 2012 by legaleagle

[Coltfan1972]

"To be the man, you've got to beat the man." WOOOOOOOOOOOOOOOO

[legaleagle]

Nobody better, I saw him live twice here in CT.

[LR_Knight]

Flair is indeed one of the greats.

I do value Colt's opinion, especially considering his experiences with system here. But also welcome input from anyone that can help.

Been reviewing many a case via that link. Looks like a Golden's firm is the one that appears most often. Went through like 15 pages of cases and have to say not much in terms of people contesting things. Every case seen had the infamous affidavit in it too. Wish I could found some cases with some discovery stuff scanned but from looks of it people just don't put up fight. Continue the research this weekend. Not trying to get too far head of myself though but also kinda interesting.

[legaleagle]

What you want to use is Google Scholar. It takes a little work, but that's where the cases are. Use the advanced search, then you can select what courts you want to search. Play with the keywords, affiant, Chase Bank, etc. You'll never find discovery, it isn't part of the court record. Search Hearsay, etc. You'll get the hang of it.

"You can't be first, but you can be next." Ric Flair to a female fan at ringside.

[Coltfan1972]

"You can't be first, but you can be next." Ric Flair to a female fan at ringside.

Best one ever !! If I could find that on video I would love to see that. I've read about it and I'm sure it's true that he said that.

[LR_Knight]

Just wanting to check in. Still around, still researching, and still learning!

I have ways to go before I am Stylin' and Profilin'

[LR_Knight]

So update. Not Midland related, at least don't think so.

Got a letter in mail today from local law office (also got a call from same office yesterday but I was at work)

Apparently they have been retained by CACH, LLC to collect on a debt for 5k+

Interesting thing is I have never heard from CACH regarding any such debt. And letter they sent doesn't reference any account. Just CACH and amount. Of course at bottom of said letter include the standard DV disclosures.

So gonna be dropping another DV letter in mail tomorrow. But curious to know who they are saying the OC is because this not familiar to me.

Small edit:

Question. Can JDBs just hire attorneys and have them send letters like this? I mean if they are under retainer, so Mr. Everyman would think that means they are under threat of suit right?

Kind of curious because this seems odd being first I heard about this.

Edited June 7, 2012 by LR_Knight