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Pride Acquisitions LLC


kcgreco13
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Hi, I am in Florida and dealing with a quickly approaching issue.

I had a credit card account with Chase in excess of $35K and defaulted in 2008. Pride Acquisitions has served me with papers which I have to quickliy respond to. I had already "Fired" Baker Sanders, using the correct verbage, under The Fair Credit Act etc etc. as they are not the original creditor of my account, via Certified mail but was still served.

Will sending a copy of that letter and the proof of receipt and my objection that they are in fact not my debtors slow or cease the process?

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@kcgreco13

 

Will sending a copy of that letter and the proof of receipt and my objection that they are in fact not my debtors slow or cease the process?

 

It might depend on what you said in the letter.  Did you request validation?  If so, was it within 30 days of Baker Sanders first letter to you?

 

It would help if you would copy and answer the questions in the following link.

 

http://www.creditinfocenter.com/community/topic/242744-qs-to-answer-when-posting-in-this-forum-please-read/

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New York debt collector filing suits all across Florida. Word is, they primarily acquire out-of-statute (OOS) debt. If your case is similar to the other federal cases which have already been filed against Pride in Florida, they will not have attached a cardholder agreement to the complaint because it likely contains a choice-of-law provision from a state with a short statute of limitations, like Delaware for instance. The statute of limitations of the choice-of-law state applies in Florida.

 

Get a copy of your cardholder agreement, check the choice of law provision. If your account went delinquent in 2008, chances are you have a claim as well. If so, contact a NACA consumer lawyer in Florida. My guess is your claim is the same as others. These guys have only been in business a couple of years. If they're acquiring debt portfolios with $35K credit card debt, its because they're buying cheap (indicating the debt is not likely collectible)

 

Regarding your state case, if you have to file an answer and don't have counsel  representing you, make absolutely certain you include affirmative defense that claim is time barred (statute of limitations). Don't wait until the last minute to do this.

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And don't forget to countersue them for $1,000 the FDCPA violation of suing on an Out of Statute Debt (misrepresenting the legal nature of the debt).

 

Of course. That's the purpose behind contacting counsel. A pro se litigant filing a counterclaim in Florida state court will have very little deterrent influence on debt buyer suing to recover $35K. In most cases consumer won't know how to successfully argue choice of law and could easily get steamrolled by debt collector attorney and anti-consumer judge. 

 

Benefits of retaining counsel (beyond the obvious) are lawyer will know that FDCPA claim is most effectively filed in federal court (it's not a compulsory counterclaim), and Fl. Stat. 57-105 gives additional leverage of attorney's fees in state court case. Once attorney makes appearance in state court case and files federal FDCPA suit, debt buyer will probably head for the hills. 

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Several debt sollectors are using this approach to try and weasel out of falling under the fdcpa and fcra. A few anti consumer judges have made some decisions that have hampered our efforts. But we are still in the fight. I agree with nascar on this one.

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