muchneeded

update on "new and need help"

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I went and met with an attorney this morning.

He told me that my answer was "bad" ie, I had the right items in it, but did not word it well. He feels that at least my answer can buy time and delay the default judgement.

What we agreed on is that he will defend me on this case and at the same time bring a suit against them for FDCA violations.

He is familiar with Cavalry, apparently the plaintiff's attorney owns Cavalry. The attorney said that while my answer was bad, that Cavalry's summons was bad---they left out key information among other things.

What I now need to do is get Cavalry on the phone and record the conversation with them. The attorney has given me a list of questions to ask them knowing full well that they will violate FDCA as they already have done so during phone conversations. When I asked about this, my attorney said that this office is notorious for purging phone records meaning they will destroy their evidence that they committed violations.

For anyone interested, these are the questions he wants me to ask and have answers recorded. (in my state CO, there is no need to tell them that the call is being recorded)

Who did you get the debt from

Do you have an invoice from the original company

when did I incur this debt

are you reporting the debt on my credit report

how can I get this off my credit report---he's speculating they will say "the only way to get this off your report is to repay the debt"

is there any other way

what happens if I don't pay this debt

who owns this debt

I'm disputing this debt with you

He's speculating that they will say "you can't dispute the debt" or "you need a reason to dispute the debt" or "you can only dispute by mail"

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Hi muchneeded,

 

It sounds like you and I are putting up the good fight. I'm curious, do you mind sharing your attorney's information. I looked for one in CO, but found a bunch of bums who want to fix my credit or file a BK for me. How is your case going? I'm still waiting on a response from the court myself.

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Are you already being sued? Were you already served?

It sounds to me like that's the case.  The good news is that you have a lawyer that's so convinced that the other side are a bunch of scumbags that they're willing to take you on.  

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