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HumbleVictory

Sued and I won WITH prejudice in TENN, same firm coming after me again in TX. Can they do this?

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I was sued by Hosto & Buchan in Tennessee & the final court date was Feb. last year. After reading the forums here (thank you everyone) I WON the case WITH prejudice.

 

I moved to Texas and just received a debt collection notice from the same firm for the same debt.

 

Is my win in Tennessee honored in Texas? 

 

Can this same firm come after me here?

 

Do I need to seek attorney's assistance, or is there a basic form letter I can send these momos stating that their first attempt was tried and they lost?

 

and,

 

if so, can I sue them for harassment?

 

I didn't post my case info since I didn't think it necessary, but will do if need be.

 

Any advice would be helpful.

 

 

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This is definitely a violation. I have not sued for a violation (yet - fingers crossed). Any attorney would take this case as it is clear cut. Some lovely folks here would probably love to help you sue these bastards yourself, though. Congrats on your free money.

 

xrulesx

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Get hold of Jerry Jarzombek, probably the best consumer attorney in your state. He'll probably send a limo to your house to pick you up for this one. Coltfan must be VERY jealous right about now. You won't be suing them for harrassment, it will be an FDCPA violation. Maybe some other stuff, JJ will know.

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Read the Texas Debt Collection Act: http://www.statutes.legis.state.tx.us/Docs/FI/htm/FI.392.htm

 

You likely have something you can go after them with besides just FDCPA. Go with Bruno's suggestion if you do not think you can pursue this yourself. Myself, I would not want to miss out on the fun of suing them myself.

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Read the Texas Debt Collection Act: http://www.statutes.legis.state.tx.us/Docs/FI/htm/FI.392.htm

 

You likely have something you can go after them with besides just FDCPA. Go with Bruno's suggestion if you do not think you can pursue this yourself. Myself, I would not want to miss out on the fun of suing them myself.

 

 

   I think he'd be best suited contacting an attorney, he's going to come out on the positive side financially no matter, they just royally screwed up by refiling for the same account. 

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Motion to Dismiss-Res Judicata and include a copy of the judgment from Tennessee.......THEN sue them for the violation. 

 

Res Judicata is a defense you raise if you're being sued again for the same thing.   Since the JDB isn't trying to sue again, it doesn't apply.

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Res Judicata is a defense you raise if you're being sued again for the same thing.   Since the JDB isn't trying to sue again, it doesn't apply.

 

 

I must repectfully disagree. (gotcha, first time in a year) I think res judicata applies to the matter before the court, not who brought the suit. If the new law firm sued on an account that was previously adjudicated and dismissed with prejudice, then they would be suing for the same thing. Res Judicata applies to the case, not the plaintiff. We need a new term for JDBs who do this....how about Res Judicata Stupido? If I'm wrong I'll overnight you a nice lasagne.

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Res Judicata is a defense you raise if you're being sued again for the same thing.   Since the JDB isn't trying to sue again, it doesn't apply.

 

 

  Why would it matter who the attorney is?   The account is what was settled before the court.  Whether they have a new law firm or sold the debt to another party, eitherway, res judicata applies because they are going after an account of which has already been settled legally. 

 

 

   It boggles my mind as to how these companies can do this, I mean, they've essentially left a perfect, fat, rapidly approaching fastball right over the middle of the plate for the opening poster.  

 

 

EDIT-Sorry, I read the opening poster's message wrong, based on the topic I assumed that they had filed suit again...my bad.  In that case, there's no need to motion anything because there's not a complaint to respond to obviously :p   Although it'd be funny to see if they try and file suit on the same debt yet again.   I would just keep a paper trail and let them keeping getting themselves deeper and deeper into the muck. 

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Thank you all for your great replies and speedy at that. I'm starting to drool over the thought of that Lasagna about now by the way Bruno...

 

I would also relish suing the pants off this lawfirm (and their really bad shoes!) (okay, sorry for the superfluous commentary, but it is true. I kept myself very amused in the court hallway on the day of my trial.)

 

I need to clarify in case it wasn't understood that I have not YET been sued, just received a debt collection notice with a reduced payment offer. I know how this firm operates, having been through this before, and I should be receiving a few more of these before they file a warrant. I'm just trying to head this off at the pass. It felt like they were wrong, but I just wasn't exactly sure.

 

Thanks BrunoTheJDBkiller for the JJ reference and SanStanTan for the backup. I will certainly be giving his office a call to see what can be done at this point, or whether I have to wait until I am finally served.

 

Thanks KentWA for the Texas code link. I have read this once before, but just didn't think to go there for this circumstance. I can see where an attorney can whip up a few good pointers to stick it to these morons.

 

I will check out Res Judicata to save for the rainy day that may be coming.

 

CIC is a life-saver! I went from despair to clear with all your advice! I really appreciate you all taking the time...

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I must repectfully disagree. (gotcha, first time in a year) I think res judicata applies to the matter before the court, not who brought the suit. If the new law firm sued on an account that was previously adjudicated and dismissed with prejudice, then they would be suing for the same thing. Res Judicata applies to the case, not the plaintiff. We need a new term for JDBs who do this....how about Res Judicata Stupido? If I'm wrong I'll overnight you a nice lasagne.

 

HumbleVictory isn't being sued again. He just got a debt collection letter. Wouldn't he have to actually be sued again for res judicata to apply?

 

Hmmmm... lasagne     ::drool::

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Thank you all for your great replies and speedy at that. I'm starting to drool over the thought of that Lasagna about now by the way Bruno...

 

I would also relish suing the pants off this lawfirm (and their really bad shoes!) (okay, sorry for the superfluous commentary, but it is true. I kept myself very amused in the court hallway on the day of my trial.)

 

I need to clarify in case it wasn't understood that I have not YET been sued, just received a debt collection notice with a reduced payment offer. I know how this firm operates, having been through this before, and I should be receiving a few more of these before they file a warrant. I'm just trying to head this off at the pass. It felt like they were wrong, but I just wasn't exactly sure.

 

Thanks BrunoTheJDBkiller for the JJ reference and SanStanTan for the backup. I will certainly be giving his office a call to see what can be done at this point, or whether I have to wait until I am finally served.

 

Thanks KentWA for the Texas code link. I have read this once before, but just didn't think to go there for this circumstance. I can see where an attorney can whip up a few good pointers to stick it to these morons.

 

I will check out Res Judicata to save for the rainy day that may be coming.

 

CIC is a life-saver! I went from despair to clear with all your advice! I really appreciate you all taking the time...

 

 

     You're in a great position right now, as I said before, I think it might be fun to let them keep sending their notices, keeping track of each one, let them go further and further in the process, then take it to a good consumer law attorney and say "Hey, I have a winning lottery ticket here with a fairly decent jackpot, are you interested?"  

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He is a she, BTW. Not critical however. And yeah, hmmmm ... lasagna!!

 

I think if you all are saying there is an FDCPA violation here I'm going to be able to stick it back to these cretins. I'm a DIY person normally, but I can imagine that an attorney might think of a few more possibilities than I can come up with. That is, unless someone here has a brilliant formula to offer...

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SanTanStan,

 

You must have been a cat in a former life. My former cat used to bat bugs around before going in for the kill. Yeah, I might just hang for awhile and amuse myself. If they decide to go all the way and take me to court...BAM! How great would that be? LOL

 

Never thought I would ever think this way, but these JDBs are warts on the universe.

 

Thanks again.

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HumbleVictory isn't being sued again. He just got a debt collection letter. Wouldn't he have to actually be sued again for res judicata to apply?

 

Hmmmm... lasagne     ::drool::

 

 

  There was a lot of confusion in this thread apparently.   Although if they keep sending warning notices, it may very get down to a lawsuit at some point, and that would reach epic levels of hilariousness when they realized exactly how many FDCPA provisions they've violated. 

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EDIT-Sorry, I read the opening poster's message wrong, based on the topic I assumed that they had filed suit again...my bad.  In that case, there's no need to motion anything because there's not a complaint to respond to obviously :razz:   Although it'd be funny to see if they try and file suit on the same debt yet again.   I would just keep a paper trail and let them keeping getting themselves deeper and deeper into the muck.

 

No problem.  I'm always glad to see I'm not the only who occasionally misreads posts.  :-)

 

I was thinking the same thing as you as to how funny it would be if they filed suit again for the same debt.  It wouldn't be impossible.  You have to remember that JDBs aren't the brightest bulbs in the pack.

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I must repectfully disagree. (gotcha, first time in a year) I think res judicata applies to the matter before the court, not who brought the suit. If the new law firm sued on an account that was previously adjudicated and dismissed with prejudice, then they would be suing for the same thing. Res Judicata applies to the case, not the plaintiff. We need a new term for JDBs who do this....how about Res Judicata Stupido? If I'm wrong I'll overnight you a nice lasagne.

 

Since the OP isn't being sued, do I still get a lasagne?   ;-)

 

But that's ok.  Since you came up with an awesome new term (Res Judicata Stupido), you can save the lasagne for another time.  ;-)

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You've presented an issue that makes me think of something else.

 

It would be interesting if the law firm or the JDB starts calling your cellphone and leaving pre-recorded messages.  I'm thinking TCPA violations.

 

Did you ever give your cell number to the OC?  If so, that's permission to call your cell with a predictive dialer and leave pre-recorded messages.  That permission would extend to CAs and JDBs.

 

However, since the case was dismissed prejudice, would that then indicate that they no longer have permission to call using a predictive dialer or to leave pre-recorded messages?   This is something we need to research.

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Oh well, we can only hope they'll be stupid enough to sue him again. Considering they sent him a collection notice type of letter for a previously adjudicated account, could there be an FDCPA violation? It would depend on what it said in the letter. If there is any hint of a threat of legal  action, he's in. If it's just a standard "we hope you'll pay us" letter, In guess that's legal. The key is that it must contain a threat of legal action that cannot be taken. Poster, put up the letter so we can see what they said. Lasagne for everybody!

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BV80:

 

That is an excellent point re the cell phone calls. I never gave them my cell no., but it is available to them should they pull a CR.  I'll ask the attorney as well.

 

In addition, it's always good advice for others who might be in the same boat. I heard somewhere that Texas is a state that allows you to record conversations without notifying the recording party (maybe read that somewhere here on CIC?--will have to do some research unless someone knows the answer on this thread.)

 

In any case, I'm going to get my cell phone recorder ready.

 

Since the OP isn't being sued, do I still get a lasagne?   ;-)

 

But that's ok.  Since you came up with an awesome new term (Res Judicata Stupido), you can save the lasagne for another time.  ;-)

 

ha! I wholeheartly agree.

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Bruno hinted at what I would take as a position. However I take a narrower view based on the case law I have read before but do not have handy. That being since a court of law has already adjudicated the matter, any demand to pay is a violation. If the letter only says something like the current balance is, if you would like to pay it, then we will accept your payment, I would go into attack mode.

 

I would DV them first at least just to see what they do. After 35 days after DV if they did not answer, I would send a refuse to pay and see what they do. If I found cases filed against them for TCPA violations I might be a little more aggressive. Calling their 800 number with my cell phone, dialing *67 is the best effort you can make, this effort does in no way give them consent. You can show the court you made the best effort available to not give it to them.

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KentWA-- Interesting idea.

 

What I find weird is that they sent a payment reduction offer as if the lawsuit never happened--as was suggested, they are not the brightest bulbs to begin with, so it would make sense I guess.

 

In addition, I DV'ed them prior to any warrant for the first trial (assuming they will proceed with a second--I hope!!) so I'm unsure if the DV is justified in this case, or redundant?

 

I'm going to call an attorney Monday morning, specifically JJ, who is previously mentioned above in this thread. Can't hurt to get an opinion, and if all of you are correct, they will be licking their chops to get on the case, so it won't be costing me anything. I will post any suggestions I receive. If anyone has any burning questions/suggestions for the atty, please post here and I will get answers for you. Not too often one can call an attorney and not have to pay through the nose to get a response!!

 

A friend is suggesting they are just fishing to see if I will pay any amount, but those dummies don't realize they are playing with fire here. I am a CIC informed individual who will not be intimidated! If I could reach every person who went through what I did and could tell them to do their due diligence here on this forum and not let these boneheads beat you down...I would tell them not to give up hope--YOU CAN WIN!!!

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BV80:

 

That is an excellent point re the cell phone calls. I never gave them my cell no., but it is available to them should they pull a CR.  I'll ask the attorney as well.

 

In addition, it's always good advice for others who might be in the same boat. I heard somewhere that Texas is a state that allows you to record conversations without notifying the recording party (maybe read that somewhere here on CIC?--will have to do some research unless someone knows the answer on this thread.)

 

In any case, I'm going to get my cell phone recorder ready.

 

 

When you stated you never gave "them" your cell number, I assume you meant the OC.  That's good.

 

A CA/JDB, including a debt collection law firm, can call you as long as they don't use a predictive dialer or leave pre-recorded messages.  A predictive dialer is harder to prove, but it is possible.

 

Regarding the recording of calls, make sure the state from which the calls are being made is a one-party state.  For instance, CA is a two-party state.  Both parties have to be aware that the call is being recorded.   Now, if they (CA/JDB) tells you that the call is being recorded, you don't have to say anything.  That gives you permission to record without telling them.

 

Just make sure you know from where the calls originate.

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