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Letter from lawyer's sued by Cavalry

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So you are saying that debt collectors are depriving you of court room litigation experience?

 

;-)

THEY ARE, LOL!  Seriously, had enough against Cavalry that anymore they just dismiss.  Same applies to Gault Financial and usually CACH, LLC, LVNV and Midland Funding.  The latter - depending on the firm - will still go to hearing every now and then which is fun.  Asset, again, depends on the firm (Mendelson, no because they are reasonable - Fulton Friedmand, sometimes).

 

Now, most all will litigate in Circuit or USDC if my client won't accept the offer.  Some finally give in if truly reckless behavior can be preponderated or the actual damage is relatively high.  The credit reporting agencies more or less settle for some compensation, delete the derogatory tradeline. but it is the ACDV forms that I crave more so than anything to use against the furnishers.

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I often wonder why these debt collection attorneys who habitually dismiss upon appearance of defense counsel aren't hit with more Rule 11 motions. They either (1) do not have any evidentiary support for their claim, or (2) they file suit simply for purposes of harassment; never intending to follow through if defendant appears.

 

Here is a judge's opinion/order in an FDCPA case on that very topic. PRA wanted the complaint dismissed and the judge didn't allow it! 

 

https://docs.google.com/gview?url=http://docs.justia.com/cases/federal/district-courts/tennessee/tnedce/3:2011cv00280/61106/13/0.pdf?ts%3D1327593007&chrome=true

 

Its a great reference for anyone in a similar situation. Lots of case law cited that you can study.

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In  "Samuels v. Midland Funding," (S.D. Ala. 2013), the complaint alleges Midland systematically engaged in a practice of filing lawsuits without establishing the validity of the debt and with no intention of providing evidence for its lawsuits in court. The plaintiff sued for violations of the FDCPA and various state law claims such as invasion of privacy and malicious prosecution.  The court denied Midland's motion for a Judgment on the Pleadings and allowed the case to go forward.

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Yeah that's a good one, however I have read these people can get down to business and make you fight back pretty hard. I have read a few threads , well many about them and its a gamble in mo. I think everything is subject on who Midland chooses in said state/county to represent them.  All I can say is when one comes they all come. So with that the alleged debts I have I will be in court or sending letters for a bit. I noticed on my report a collections from DS waters in CA. They gave my alleged account to a collections after I had enough of their shady billing practice, changing the fee every month ect.. and told them to come and get the water cooler and jugs I am done. And they did come and get them. Then they still wanted money so I did a BBB on them. we settled that, however the guy I had been talking to still wanted like 100.00 from me. I said NO. Then since I did not pay it they charged me for the water cooler system 300.00 plus another 100.00. There is no way I am paying for something I gave back to them. And now Northland is calling me every day. I have no idea what they want as I do not answer. I looked at my credit and they have inquired on it 3-4 times in 2012 and they are not listed as a collection on my report, well Experion is all I could get with my free one. I did get Equifax but forgot to write the number down and had no printer.I just needed to look at it. Also on the letter of settlement from Midland it said they have a license in TN on the back. We shall see. Now since my letter stated not to contact me in any other way aside from US mail if they will see it as a c&d and not even send the requested validation info. I am going to call around in TN and see what I can find out.

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Yeah that's a good one, however I have read these people can get down to business and make you fight back pretty hard. I have read a few threads , well many about them and its a gamble in mo. I think everything is subject on who Midland chooses in said state/county to represent them.  All I can say is when one comes they all come. So with that the alleged debts I have I will be in court or sending letters for a bit. I noticed on my report a collections from DS waters in CA. They gave my alleged account to a collections after I had enough of their shady billing practice, changing the fee every month ect.. and told them to come and get the water cooler and jugs I am done. And they did come and get them. Then they still wanted money so I did a BBB on them. we settled that, however the guy I had been talking to still wanted like 100.00 from me. I said NO. Then since I did not pay it they charged me for the water cooler system 300.00 plus another 100.00. There is no way I am paying for something I gave back to them. And now Northland is calling me every day. I have no idea what they want as I do not answer. I looked at my credit and they have inquired on it 3-4 times in 2012 and they are not listed as a collection on my report, well Experion is all I could get with my free one. I did get Equifax but forgot to write the number down and had no printer.I just needed to look at it. Also on the letter of settlement from Midland it said they have a license in TN on the back. We shall see. Now since my letter stated not to contact me in any other way aside from US mail if they will see it as a c&d and not even send the requested validation info. I am going to call around in TN and see what I can find out.

Midland Credit Management, Inc., does have a collection services license.  However, they don't sue in TN - Midland Funding, LLC does it for them.  Midland Funding, LLC has no license and therein is the problem.  As to Midland Funding, LLC systematically engaging in filing suits with out ever intended to back up their claims with witnesses, that is completely true in TN.  They have never brought a witness in all the cases I've had against them and if Hosto & Buchan represents them they are very difficult to deal with.  Just settled a case in the USDC for the MDTN against Midland Funding and H & B for pretty much the same allegations.

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In  "Samuels v. Midland Funding," (S.D. Ala. 2013), the complaint alleges Midland systematically engaged in a practice of filing lawsuits without establishing the validity of the debt and with no intention of providing evidence for its lawsuits in court. The plaintiff sued for violations of the FDCPA and various state law claims such as invasion of privacy and malicious prosecution.  The court denied Midland's motion for a Judgment on the Pleadings and allowed the case to go forward.

I don't see the malicious prosecution - at least under TN law (maybe abuse of process) - but they certainly file suit after suit without ANY DUE DILIGENCE.

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Don't forget Lakewood Capital, LLC     

 

Oh, yea.  THEY'RE BACK?  Haven't had a case against them in a while.  I thought they went defunct like Columbia Credit (SACOR Financial is taking their place) and Arrow Financial (Paul Ziebert - in house counsel was actually a really cool guy).

 

Oh well, so many new ones are popping up now like Converging it's hard to keep up with.

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