mrsschmitty

Just returned from Court 08/09/2012

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I just returned from Court, and the Case was Dismissed!!!!!!

Thank God!

The Judge said that he got a fax this morning, and they Voluntarily Dismissed the case.

Now where does that leave me? Can I sue these jerkoff's? This whole ordeal, as I am sure you all know, is was crazy, stressful and tiring! I am saving EVERYTHING that I have thus far.

Will I get a letter in the mail stating that this whole thing is dismissed??

Thank you everyone for all the help here, I don't know if I should count this as a win... but, I am! xdancex

Crystal

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Congratulations! Good job!

If you sued them, what would be your cause of action?

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Cause of action: Violation of (Florida Consumer Collection Practices Act)FCCPA 559.72 (9) “Claim, attempt, or threaten to enforce a debt when such person knows that the debt is not legitimate or assert the existence of some other legal right when such person knows that the right does not exist.”

Go back to your original thread and FS 559.715. They sued you when there was no legal right to do so since they violated FS 559.715.

There is no private right of action of FS 559.715, although you can claim they violated 559.72(9) in that they brought a lawsuit against you when there was no legal right to do so.

By the way, Congrats! Yes, this is a win!!

You should get a copy of the Dismissal from the court.

This is what happened to me. Once I started fighting, they dismissed. But I went ahead and sued and won!

Edited by ladyhunter

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Could you not argue that a violation of FS 559.715 with no private right of action triggers a per se violation of the FDCPA which does have a private right of action?

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Yes, Coltfan, you are right. It would be a violation of 15 USC § 1692e(5) by taking action that cannot be legally taken on an alleged debt.

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They where just fishing, they knew the paper they presented was absolute BS. They were hoping for a Default judgement and/or a settlement. If you wanna sue fine, if you just wanna rest put a complain with the Attorney general.

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If you wanna sue fine, if you just wanna rest put a complain with the Attorney general.

And the FTC and the Florida Office of Financial Regulation.

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Yes, Coltfan, you are right. It would be a violation of 15 USC § 1692e(5) by taking action that cannot be legally taken on an alleged debt.

The JDB volutarily dismissed. The judge did not dismiss the case, nor did the Plaintiff or the judge state that they didn't prove ownership or that they didn't have standing to sue.

If the judge had dismissed with prejudice, it would be a different story.

If the OP sues, the burden of proof would be on her.

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Yeap, that's why I would just file a complain with the AG, and let them figure out. You got the burden of proof if you sue.

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In california you can ask to get all your money back you paid to defend yourself.

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Thank you all for your information. I am looking into right now what to do. I took a couple of days "off" from all of this, so to speak..lol.. The good news is that on Thursday and last night, those were the best night's of sleep that i have gotten since this whole thing started, lol.

I will look into what all of you all have responded with, and see what is the right course of action for myself, from what most of you are saying it would just be to put in a complaint, since it was voluntarily dismissed.

I am hoping I will get my paperwork from the courts in the mail next week. The judge did say that they could try and sue me again, but I would think that they would not. But who knows with these idiots.

Thank you everyone for your responses!

Crystal

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:multibounce::multibounce:

I just returned from Court, and the Case was Dismissed!!!!!!

Thank God!

The Judge said that he got a fax this morning, and they Voluntarily Dismissed the case.

Now where does that leave me? Can I sue these jerkoff's? This whole ordeal, as I am sure you all know, is was crazy, stressful and tiring! I am saving EVERYTHING that I have thus far.

Will I get a letter in the mail stating that this whole thing is dismissed??

Thank you everyone for all the help here, I don't know if I should count this as a win... but, I am! xdancex

Crystal

One more win for the Pro Se Army.

A heart felt Congratulations you you.

HP

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Florida Attorney General - How to Protect Yourself: Debt Collections

Complaints about collection agencies may be filed either with Office of Financial Regulation at http://www.flofr.com/Consumer/Forms/CCAComplaint.pdf or with the Federal Trade Commission, Correspondence Branch, Washington, D.C. 20580. You also may file a lawsuit against the collection agency for violating state and/or federal law. If you prevail, you may be awarded your actual damages, as well as attorneys’ fees and costs.

I'm doing one now.

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Congrats! You may have a cause of action under FCRA if you've disputed anything they may have reported and verified on your credit report assuming there was a dispute sent on this matter and verified. If you had then your got a shoot. Be Blessed! S.A.

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