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best strategies for debt still owned by OC but farmed out to collection agency


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i have a few of these. doesnt seem like its as straightforward as beating a JDB where they have no standing.

 

in this scenario, CA is sending letters, it is past my 30 day dunning period

 

Wondering how effective it is to DV when OC holds debt (I know i cant DV an OC, but i think its perfectly fine to DV a CA collecting a debt on behalf of a CA

 

been doing some reading on DVing (a lot of this would be redundant to y'all but i wanted to consolidate these links for myself and others):

 

http://www.creditinfocenter.com/community/topic/311275-sent-dv-letter-in-sept-no-response-got-letter-today-from-assignee/

http://www.ehow.com/how_5467700_validate-debt-after-days.html

http://educationcenter2000.com/debt_collectors/your_right_to_validation.htm

http://jeffkinsey.hubpages.com/hub/Why-You-Should-Never-Pay-a-Debt-Collector-Without-Validating

 

ive read in our own wiki abovethat many OCs only hold records for ~13-18 mos. somewhere above i also read that if you DV a CA representing an OC you can invalidate the debt if they dont produce actual bill of particulars. is this true?

 

thanks as always. doing well with the JDBs but im not sure about how to approach the debt held by OCs. basically BofA and Discover, i hear the latter is more litigious, but it seems from my time here that OCs rarely sue and usually pass it onto a JDB to do the dirty work - though ive read on other forums that Discover is particularly litigious.

 

I guess my major question is with these OCs holding debt is it wise to DV? or does that 'poke the bear'?

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It's a crap shoot. Sometimes it can a take a long time before they actually get around to filing it and then even months before the server gets around to serving you. It was 6 months from the time of filing of one of my suits until they were able to find me and serve me. I moved quite a bit for awhile so.... that helped keep me hidden without me even trying. I got a letter about a month and half ago and didn't DV them and the suit was filed last week. The DV probably would have only bought me a month. There are ways to buy yourself time but in the end if it's time to fight it's time. I have asked the same question as well!

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Debt validation does very little,most of the time a law suit will be filed shortly thereafter,spend your time learning how to beat your creditor in court (original creditor or junk debt buyer).Sit in on a few cases,watch and take notes.Get comfortable with the court the more you go the easier it will be for you.Then you will see the judge is not a giant ogre with a baseball bat,That he is the referee of the court.Read more then the guy or girl suing you and you will have no problem.Have confidence in yourself and know you can win.Learn to be a discovery master,most cases are won and lost in discovery.Study Study Study everything you can get your hands on.Take notes,stock up on black ink,paper,binders,staples ect.Be prepared to win.When you read all this i will post more.As you see debt validation is not very important in winning your case.I put showing up to all your court dates as the most important.Make time from your work to be there or you will be doing dishes for midland funding for several years.Good luck.

http://www.leginfo.ca.gov/.html/ccp_table_of_contents.html

http://california-discovery-law.com/

http://www.courts.ca.gov/rules.htm

http://burmanparalegal.wordpress.com/2009/09/18/102/

http://www.avvo.com/legal-guides/ugc/recourse-against-original-creditor-in-california

http://sjconsumerlaw.com/lawsuit-defense/the-basics-of-defending-creditor-lawsuits

http://www.creditinfocenter.com/community/topic/314030-the-strategy-and-steps-of-arbitration/  Discover has arbitration in the credit agreement.

http://www.jamsadr.com/rules-download-rules/

http://www.kazlg.com/flat-fee-credit-card-defense/why-it-is-worth-fighting-credit-card-lawsuits/

http://www.courts.ca.gov/9616.htm

http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2079155 read this

http://www.saclaw.org/pages/respond-to-credit-card-case.aspx

http://www.crowderlaw.com/lawsuit-defense.html

http://www.courts.ca.gov/1322.htm

http://rt.com/usa/credit-companies-debt-clients-594/

http://www.leginfo.ca.gov/cgi-bin/displaycode?section=ccp&group=01001-02000&file=1003-1008

http://www.courts.ca.gov/cms/rules/index.cfm?title=three&linkid=rule3_1112

http://www.occourts.org/self-help/civil/motions.html

http://www.llrx.com/columns/localrules2.htm

https://docs.google.com/viewer?a=v&q=cache:e9yAlOnVd2QJ:www.craigball.com/EDD_SM_PERSP.pdf+&hl=en&gl=us&pid=bl&srcid=ADGEESjVV6S5WlVUGN2CgvaRqtghsD0yKaKlDfC7meNpfjLwWvep6cLzv3ODq_d3d-GHwXFdyJ2OHKjA1_pAGeCf8BT4D4c7xNUn6lNNDeM0XgmRE-49qjZC2K1q6BawwRtLvIJYXPyV&sig=AHIEtbSinJ0bZ9JxzIIYRGYevdXkxLmeOw

http://scholarship.law.duke.edu/dlj/vol58/iss6/1/

http://federalcivilpracticebulletin.blogspot.com/2008/05/prof-moss-posts-article-on-improving.html

http://www.thebarringtonfinancialgroupinc.com/collections/stoplawsuitssignin.html

https://docs.google.com/viewer?a=v&q=cache:v2IZNfGxdIEJ:www.hosteny.com/archive/Hosteny%252010-02.pdf+&hl=en&gl=us&pid=bl&srcid=ADGEEShXsbk0UW9e3WiQNtLVVm74cJ6JO6dratVFIAd-Cy38TdDptx70gLGnhUo6R3Llps5dYHwPeazLdTaDbNNDcNZ6kkfNA1sjbZYDaawm0wxmbYGNYKoemT0a8oo1DZ7aywfK5AdN&sig=AHIEtbT0LzTNckVi39gRGbliO4XHD29Mrw

http://www.justia.com/trials-litigation/docs/caci/300/303.html

http://www.justia.com/trials-litigation/docs/caci/300/373.html

http://www.justia.com/trials-litigation/docs/caci/300/370.html

http://www.avvo.com/legal-answers/what-are-common-counts-to-a-complaint--482589.html

http://legaldocspro.net/blog/general-demurrer-to-common-counts-in-california/

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Guest usctrojanalum

what is your goal? how much are they alleging you owe? do you legitimately owe them the money? all questions are important to determine your best course of action.

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What is the date of default? BofA has a 3 year SOL. Sometimes they plan on you now knowing that, and think you'll roll over with a higher SOL in your own state. Some of these accounts are still subject to arbitration, JAMS in particular, which can cost them up to $6,000 per day. If the amount is iffy and you are not a good prospect for collection, they may dismiss and 1099 you. If they waited two or three years to sue, you can use a failure to mitigate damages defense and get some of the interest reduced. The completeness and accuracy of their records can be questioned, their affidavits are all robo signed, etc. There are ways to drag this out and make them dismiss because of the expense.

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What is the date of default? BofA has a 3 year SOL.

 

interesting

 

if date of default is last payment, it would be past 3 years

if date of default was first missed payment, it would be any day now

 

here is a precedent in CA court using 3 year SOL from delaware

 

As CALawyer mentions in that thread, it is open to interpretation for sure.

 

from what i read they can potentially sue you in any of three states:

-where they are based

-where you live

-where you opened card (if different from where you live now)

 

i imagine that in gray area cases like this its best not to poke the bear. Seems like its best to see if/when they do sue and what their justification is for 'choice of venue' before using SOL as an affirmative defense

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If they were to sue you before the CA SOL is up, all you need is Resurgence Financial v. Chambers.  The CA court ruled that the DE SOL of 3 years applied to the debt that Resurgence had allegedly purchased from First USA Bank because the cardmember agreement stated that the laws of DE governed the agreement.   It doesn't matter that the Resurgence case doesn't involve B of A.  What matters is which state's governing law is claimed in the cardmember agreement.

 

http://scholar.google.com/scholar_case?case=10121350625093322993&q=Resurgence+v.+Chambers&hl=en&as_sdt=2,41

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ok so i need to find cardmember agreement. if i am to get sued this is the fiRst request in BOP/discovery as it should be.

 

thanks for the advice. i edited my post above BV80s a few times, he was probably replying to one of the earlier versions, as you see, in the end we cited the same precedent

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