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If you reside in Tennessee and you have received a dunning letter from any debt purchaser attempting to collect from you, [be advised] Asset Acceptance is on a tear throughout Tennessee as is Midland Funding, LLC.  The latter "usually" sends a letter first through Midland Credit Management before suing through Midland Funding.  CACH, LLC is always active as is Cavalry SPV I.  That said, these matters are not that difficult to get dismissed but they do require your attention.

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As a former defendant and now plaintiff in dealing with JDBs I offer the following advice.

 

-Do not ignore anything and hope it will go away.

 

-Do not ignore anything and hope it will go away.

 

-Keep all letters they send you including the envelopes and document the dates you received them.

 

-Keep all messages they leave on your answering machine/voice mails and store them in more than one place. A $50.00 digital voice recorder is a great investment.

 

-If you are being sued keep all court documents they send you.

 

-If you hire an attorney only deal with one that is willing to fight and has a track record of winning to back it up. Take everything you have saved/documented to them and tell them every detail. 

 

-Do not ignore anything and hope it will go away.

 

-Do not ignore anything and hope it will go away.

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Portfolio Recovery Associates is also active right now in Tennessee, at least through tax refund season.

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Excellent advice from TN Lawyer and Art.  And one more thing:  If a debt collector has violated your rights, it is often to your tactical advantage to sue them first instead of letting them make the first move.  A knowledgeable and experienced lawyer, who has dealt with a JDB's counsel, will know that.

 

And to repeat what Art said, "Do not ignore anything and hope it will go away."  It won't.

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Excellent advice from TN Lawyer and Art.  And one more thing:  If a debt collector has violated your rights, it is often to your tactical advantage to sue them first instead of letting them make the first move.  A knowledgeable and experienced lawyer, who has dealt with a JDB's counsel, will know that.

 

And to repeat what Art said, "Do not ignore anything and hope it will go away."  It won't.

Head meets nail . . . sue first if you can (which is not always possible in TN because they sometimes strike with no warning).  The biggest advantage is that you will be dealing with their regional or national counsel "typically".  They are usually much more willing to be "reasonable" that some debt collection law firm that gets a percentage of what they win.  Therefore, if you get a letter or a call, from a debt purchaser it is best just to contact a consumer attorney and file.  Most report inaccurately; i.e., FDCPA violation and if you dispute and they verify, FCRA violation, and some do call which is usually a TCPA violation.  Just a few is enough to make them negate the underlying debt, delete the tradeline, and throw a little bit of money at it.

 

Oh, do not ignore anything and hope it will go away.  It won't, it will get worse.  Strike first if you can.

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Portfolio Recovery Associates is also active right now in Tennessee, at least through tax refund season.

You're right, they are.  Some are filed through Horton, some through McLemore & Eddington, and some are even coming through Morgan and Pottinger (BTW, Shon Leverett is the most ethical attorney I have seen in any context and just an all around outstanding person).  If you get the two former firms, you're going to need some help for reasons I will not go into here for it would violate the Rules of Professional Responsibility.

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Hey you think you can send some of those clowns just a short drive over to Arkansas.   I'm running out of collectors to sue and am pretty much getting black balled.   I've got one right now so ticked off at me that I'm pretty sure there is a hit out.  I won't settle with them paying me 6K and I don't even want the underlying debt taken care of, hell, I want them to ship it to some other sucker.   I love bashing their brains in. 

 

I appreciate the work your doing, but kick some of their asses over this way.  My group does not just beat them, we make them bleed money and squeeze every dang dollar out of them and make them suffer for all the ones that they get over on the people they scare and intimidate.   

 

I was told in my last deposition I was baiting their client and wasting the court system.   I went off on them.  Video is being edited right now, you'll see.  I gave them about a two min rant that all they could say was, WELL.   

 

NEVER IGNORE these bottom feeders and if you don't feel comfortable doing it on your own, seek help, but don't ignore them.  

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Head meets nail . . . sue first if you can (which is not always possible in TN because they sometimes strike with no warning).  The biggest advantage is that you will be dealing with their regional or national counsel "typically".  They are usually much more willing to be "reasonable" that some debt collection law firm that gets a percentage of what they win.  Therefore, if you get a letter or a call, from a debt purchaser it is best just to contact a consumer attorney and file.  Most report inaccurately; i.e., FDCPA violation and if you dispute and they verify, FCRA violation, and some do call which is usually a TCPA violation.  Just a few is enough to make them negate the underlying debt, delete the tradeline, and throw a little bit of money at it.

 

Oh, do not ignore anything and hope it will go away.  It won't, it will get worse.  Strike first if you can.

 

 This is one of the advantages of using an experienced consumer lawyer.  They are used to dealing with opposing counsel.  They know their tactics and strategy and how to react to it. 

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 This is one of the advantages of using an experienced consumer lawyer.  They are used to dealing with opposing counsel.  They know their tactics and strategy and how to react to it. 

True or the advantage of going pro-se if you think you can handle it because the other side is going to be used to dealing with opposing counsel they are familiar with and won't take pro-se serious and the right pro-se that knows what they are doing can have them beat before they figure it out and start taking them serious.  In other words don't forget the element of surprise can heavily work to your advantage.  

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True or the advantage of going pro-se if you think you can handle it because the other side is going to be used to dealing with opposing counsel they are familiar with and won't take pro-se serious and the right pro-se that knows what they are doing can have them beat before they figure it out and start taking them serious.  In other words don't forget the element of surprise can heavily work to your advantage.  

 

I think the operative words are "if you think you can handle it" and "the right pro se that knows what they are doing."

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Yes I retained Mr. Barnette for my Calvary case (that came from know where without warning) I did not have a clue I was going to be sued . I never even got served the papers because a lawyer in TN had sent me a letter saying my name was on public record to be sued and they could help. So I called the county clerk that Monday and sure enough I was. I just signed the agreement to dismiss yesterday  with them. Meanwhile I got a letter last week from Midland with settlement offers, I am not real sure what they are even trying to collect from me yet. I sent them a certified debt validation letter.But maybe we should strike first? And now Northland is calling me, I called them back and gave them Mr. Barnette's number.I suppose they shark after you once one does. I know the alleged debt was 2005 or 2006,7 on my credit report. I feel like pulling my hair out.

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But maybe we should strike first?

 

I suppose they shark after you once one does. 

 

I did have the same thing happen to me. When I was first sued I started receiving more letters and calls from the others. Before the lawsuit was filed things had really died down.

 

After I filed my first FDCPA Lawsuit things died down again. Its not a guarantee, but some of them will cease collection when they find out you are going on the offensive. Midland's parent company Encore says they use a “proprietary analytics” model to determine if a debtor is worth pursuing. I'm sure many others have computer models they use also, while others subscribe to services like https://www.webrecon.com/b/. 

 

They really only want to deal with people who do not fight. My opinion is the second they discover you are not easy prey they are a lot less likely to pursue litigation against you. Their only goal is to make money and anyone they see as a risk no longer fits that profile. Just ask COLTFAN1972!

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Hey you think you can send some of those clowns just a short drive over to Arkansas.   I'm running out of collectors to sue and am pretty much getting black balled.   I've got one right now so ticked off at me that I'm pretty sure there is a hit out.  I won't settle with them paying me 6K and I don't even want the underlying debt taken care of, hell, I want them to ship it to some other sucker.   I love bashing their brains in. 

 

I appreciate the work your doing, but kick some of their asses over this way.  My group does not just beat them, we make them bleed money and squeeze every dang dollar out of them and make them suffer for all the ones that they get over on the people they scare and intimidate.   

 

I was told in my last deposition I was baiting their client and wasting the court system.   I went off on them.  Video is being edited right now, you'll see.  I gave them about a two min rant that all they could say was, WELL.   

 

NEVER IGNORE these bottom feeders and if you don't feel comfortable doing it on your own, seek help, but don't ignore them.  

Hosto & Buchan is based out of Little Rock . . . go get em'.

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I did have the same thing happen to me. When I was first sued I started receiving more letters and calls from the others. Before the lawsuit was filed things had really died down.

 

After I filed my first FDCPA Lawsuit things died down again. Its not a guarantee, but some of them will cease collection when they find out you are going on the offensive. Midland's parent company Encore says they use a “proprietary analytics” model to determine if a debtor is worth pursuing. I'm sure many others have computer models they use also, while others subscribe to services like https://www.webrecon.com/b/. 

 

They really only want to deal with people who do not fight. My opinion is the second they discover you are not easy prey they are a lot less likely to pursue litigation against you. Their only goal is to make money and anyone they see as a risk no longer fits that profile. Just ask COLTFAN1972!

Encore is not being truthful when it comes to filings in TN.  They - Midland Funding - sue everyone and for anything from what I've seen.  Their main trained dogs are Hosto & Buchan and in my opinion, they violate Rule 11 as if were merely a guideline.  I suppose that is why none - or few - of the Civil Warrants in Debts are actually signed.  Again, the AG needs to step in on this.

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Thanks for posting here TNConsumerLawyer. I am from East TN and I am glad there is help to turn to in case there is need to lawyer-up along the way.

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No problem . . . I practice regularly from Knoxville over to the Tri-Cities.  Debt purchasers sue everywhere and I defend and counter throughout Tennessee.

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The debt collection industry is a multi-billion dollar industry.  They carry a lot of clout and have many well-paid lobbyists.  I see more business-dominated legislatures passing bills that will make it harder for consumers to defend against a debt collection lawsuit.  I think someone from AZ said their legislature was moving in that direction.  If debt collectors  find it too hard to win in court, they will just change the rules to make it easier.

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  If debt collectors  find it too hard to win in court, they will just change the rules to make it easier.

 

I'll have to admit that I am shocked Tennessee is making things easier. It looks like at least some of the Judges on the upper levels seem pretty fair and objective. We also have some pretty fair laws on the books dealing with creditors. They are pretty old laws and I keep my fingers crossed that the industry doesn't have too much influence on getting things changed through the legislature. 

 

My guess is since they make it so easy for them to run their businesses out of the court system that they don't want to rock the boat. Restricting rights that the few who fight currently have could cause unwanted publicity and come back and cost them money. From my personal observation they get around 10-20 default judgments for every case they lose. Still not bad odds and who would want to risk losing that?!?!?

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