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2nd time in court...need help


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We had been served a summons a couple mths ago. We had a past repo, and the remaining balance was turned to collections. The collections got ugly, they were immediately demanding full pmt, threatening garnishment/lien et. They even told my husband to have a $3000 yard sale. I decided I wouldn't speak with them without recording the calls, and called one more time to try to negotiate.

After that we were served a summons that said we were being sued by OC, but no other paperwork provided. It said for inquiries to contact their lawyer. I called the number listed to see about negotiating further...ummm...it was the JDB! The conversation was also recorded. The debt was over 4000 now. I was asking if they could break down the costs and they said they'd let the judge tell me all about that. I asked if I shouldn't be speaking with the lawyer and I was told I could speak with him the day of court. I did record this conversation as well. Really confused now...why is OC listed on summons, and why is the address & phone # belong to JDB. I called the OC who said they no longer had account. I also saw a lawyer who said we should do banktruptcy. I thought that the summons was fishy, started researching, decided after reading to try this sight.

I filed a sworn denial to the summons and a request for documents. In court, the lawyer called us out in the hall (he had an assistant with him). He asked if the debt was ours, which we denied. He started pulling out OC original contracts. I played dumb. He said he couldn't get a read on my poker face. He had a sworn account from the OC as well. I asked for copies, which he said he'd mail. I offered to pay for the copies that day. He said-oh they are 1.50 here- I didn't care to pay it and save a stamp. He said he needed to get the OC to come in for testimony and acted like they were old fishing buddies. He also asked several times if the debt was ours...still nothing.

By our next day in court, I'd filed a motion to strike the sworn account from the OC based on that I believed that the plaintiff was actually the JDB, I had also gathered paperwork from the JDB, and a copy of my credit report where they had done an illegal inquiry...also showing OC had charged off the account. I also did a summons for the JDB counter claiming FDCP adn FCRA laws were broken asking for a little over $5000 plus treble damages for every account I could add up.

When in front of the judge, the lawyer said he needed time to produce the OC in the sworn account again. I told the judge he said that last time. The lawyer said that I had filed a counter and that he wasn't comfortable talking about his case b/c he might compromise the JDB's case. The judge denied my Motion to Strike the sworn testimony of OC and reset the case for 1 month....where do I go from here? Can I refile the motion to strike the sworn account with other disputes? Is my case over cause I lost the motion to strike? what's next?

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Did you record your call with the OC where they told you they do not own the account anymore? This rarely happens where a JDB files suit in the OCs name, but some bottom feeders will attempt it. You need to be sure they no longer own the account and are not saying that they can not deal with it since their lawyer is handling it. If they truly do not own the debt any longer I would file a motion to dismiss as the listed plaintiff is not a proper party of interest. You would submit an affidavit along with your motion that the OC has informed you that they have sold the debt to another party.

Who is the JDB?

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the jdb is accounts research. I did list that in my initial motion to dismiss sworn account of oc...that I believed oc wasn't plaintiff, but judge denied it. can I refile?, yes I did record the call...its not great, but I could do a transcript. ? I asked to dismiss based on the fact that I believedsuit was from jdb...but the lawyer said he was just with the oc the day before, he said suit was from oc and thats why judge let sworn account stand. can they pass the debt back and forth? my credit report shows oc charged off account

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Charged Off is an accounting term. If it does not say sold or $0 balance it is likely with the OC still. It could be that the agent you talked to did not know exactly what she was talking about.

If this is Accounts Research of Knoxville, they appear to be a CA, not a JDB. So you are likely dealing with an OC here.

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will it be a different game if this is a Ca? the person I talked to on the phone from the oc is the person in charge of the account and the person accounts research has the sworn affidavit from. I was thinking of filing a motion to amend the original complaint to reflect true plaintiff.

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They even told my husband to have a $3000 yard sale.

They really did this? Lucky they didn't get me on the phone. I'd tell them to bring their sister over so I could put her on the street until she made the three grand. At 50 cents a shot, her job should be rather easy, although time consuming. Believe me, I've done stuff like this. You wouldn't believe how fast these stuttering stammering illegal aliens they hire to run their phone banks back down when you get in their face. The only thing I would negotiate with a CA or JDB is the size of the check they are going to write me to make me go away.

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well my husband told him initially that idle threats wouldn't get money out of us we didn't have. apparently that really ticked them off, cause he actually told me next phone call that is what got is where we are now! ....I do have that recorded ;)

so whats my next step?

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Call them back and see if you can get them to commit some more FDCPA violations. Then wait for them to sue you. Tell them you'll personally come to their office with donuts and coffee just for the privilege of accepting their summons. Give them directions to the court, and a link to this forum. Let's see how brave they are then.

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Give them directions to the court, and a link to this forum. Let's see how brave they are then.

Tell them you have a few friends that are more than willing to point out the "bad decisions" which they have voluntary made. But tell them not to worry, it's nothing them writing a fat check can't cure.

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