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General Questions on lawsuit and CA


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I've been reading up on this forum and others, and have some general questions.

 

1. It seems like lots of the lawsuit threads are procedural in nature: say this, don't say that, don't contradict yourself, etc. but the OP never comes back to report the outcome. and in general, the defense seems to be relying heavily on hearsay - the CA cannot prove that the defendant owes XX amount to OC. I know, there's more to lawsuit than that, but doesn't it what it essentially boils down to?

 

Now, conditional on replying to lawsuit and showing up to court, what separates a successful defense vs unsuccessful one? Are some people unlucky to have all their paperwork collected by the CA and some are lucky?

 

2. My personal case. (And mods, if this is not the right subforum, feel free to move to another thread). Over 100K in CC debt. All CO to CA. haven't replied or answered to CA calls - yes, ostrich approach. was hoping to wait out till the OC CO would drop from CR and then hit the CA with the expired SOL and have that cleaned up as well. But after reading this forums, and a few others, it seems like everyone is advocating sending DV.

 

Should I go down that route, or should I continue to lay low? If it comes back as validated, I don't have the means to pay now, but may in a year or so. so maybe wait a little longer? Also, I think if the CA haven't come after me, maybe not making myself heard is the better option.

 

Also, I have received any dunning letters in a while. I have some older ones, but nothing within the last 30 days. Can I just DV them out of blue, or it has to be within 30 days of dunning letter?

 

I'm from MA, so the requirements for DV here are a lot stronger (additional state protection laws in addition to federal ones). Which means, showing original contract/signature, and all the statements as required.

 

Thanks in advance!

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It is true that many come here and quickly disappear, but a lot of them have posted their outcomes on the thread below.

 

http://www.creditinfocenter.com/community/topic/222720-hall-of-fame-lawsuit-winners/

 

I would guess a large percentage that have won here have done so when the "debt" was held by a JDB. This battle can be between the JDB or a combination of a JDB/CA. Still others have been successful against original creditors, although that's a much more difficult hill to climb. Most OCs are also not subject to The FDCPA, and even if you catch the CAs violating your rights the debt will still be there. 

 

If I were you I wouldn't bother sending DV Letters at this time. Since they are still with the OCs and the amount is so large the odds are they will sue you when they know exactly where you are. Your best bet will be if they give up and sell your accounts. Then it will be much easier to fight.

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It is true that many come here and quickly disappear, but a lot of them have posted their outcomes on the thread below.

 

http://www.creditinfocenter.com/community/topic/222720-hall-of-fame-lawsuit-winners/

 

I would guess a large percentage that have won here have done so when the "debt" was held by a JDB. This battle can be between the JDB or a combination of a JDB/CA. Still others have been successful against original creditors, although that's a much more difficult hill to climb. Most OCs are also not subject to The FDCPA, and even if you catch the CAs violating your rights the debt will still be there. 

 

If I were you I wouldn't bother sending DV Letters at this time. Since they are still with the OCs and the amount is so large the odds are they will sue you when they know exactly where you are. Your best bet will be if they give up and sell your accounts. Then it will be much easier to fight.

 

I think you misunderstood me. NONE of them are with the OC. They ALL have been charged off to midland, lvnv, etc. At least that what my credit report says - all are charged off. So if I were to send a DV it would be to midland for instance.

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I think you misunderstood me. NONE of them are with the OC. They ALL have been charged off to midland, lvnv, etc. At least that what my credit report says - all are charged off. So if I were to send a DV it would be to midland for instance.

 

That makes a huge difference. Those you have mentioned are JDBs. They are not CAs, but they may hire CAs to help them collect. When I first thought you were talking about OCs my opinon was 99.9% against sending a DV. Now that I know they are JDBs my opinion goes to 50/50. You can always gamble and not send anything, but considering the amount you owe some of them will come after you sooner or later. 

 

Before anyone can give you a better answer I would break down each account. List the JDB and the OC they "purchased" the account from. Also list the last time you paid and compare that to the SOL of your state. 

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1. It seems like lots of the lawsuit threads are procedural in nature: say this, don't say that, don't contradict yourself, etc. but the OP never comes back to report the outcome.

 

That's usually because they are lost due to lack of effort or the poster gets run off or banned if they don't win the way those in charge think they should win.  It's pretty common to run off the winners or ban them if they appear to know more about the legal process or win at a lot higher rate than "professionals"  Then you will then see plenty of "help me" "bump" or "anyone??" posts when the winners can no longer respond. 

 

You might try emailing some of the ones with more posts, they sometimes know how to get in touch with the posters that were banned for not winning the right way.  Or you can pay an attorney 200-300 an hour to tell you to settle the suit because you will lose. 

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That's usually because they are lost due to lack of effort or the poster gets run off or banned if they don't win the way those in charge think they should win.  It's pretty common to run off the winners or ban them if they appear to know more about the legal process or win at a lot higher rate than "professionals"  Then you will then see plenty of "help me" "bump" or "anyone??" posts when the winners can no longer respond. 

 

You might try emailing some of the ones with more posts, they sometimes know how to get in touch with the posters that were banned for not winning the right way.  Or you can pay an attorney 200-300 an hour to tell you to settle the suit because you will lose. 

 

@Lincoln Lark

 

Excuse me???   Do you have proof of your claims?  

 

Some winners simply tell us they've won, don't elaborate, and don't show up again possibly because they want to put the experience behind them.   Others were extremely busy and came here only because they needed help.  Once it was over, they had no more time to post here.

 

No one has been banned for not "winning the right way".   The courts decide who wins and who loses, not the members of this site.   We stress proper court procedure.  If a court rules in favor of the debtor, then he/she obviously did everything the right way according to the court. 

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Lincoln Lark what you said is just not true at all.  I think the admin. of this forum keep a watchful eye, and protect their interests. (this site)  The tolerate alot, but when enough is enough, then that is It.  I personally thank them for keep an eye out.  

 

Back to the subject at hand.  My personal feeling is people are looking for an easy out.  If you are going to fight a creditor, any kind, it is not like you can file an answer, and they are going to get scared and run off.  Yes they like the default judgments  but they will also go to court.  You have to be willing to study, respond and be proactive if your going to win.  You will find most winners here prepared, made motions, objections, et all, and the ones that lost, while there are some that did everything they could do, some just didn't put the work into it.  

Then there are language barriers, (not just foreign language) but some can't wrap their head around the court rules, so even with help they don't know what to do.  It is definitely a learning experience.  

You can lay low, but if you get a suit served on you, the laying low time is over.  

In order to win, you have to study, prepare, learn to write (not my strong point) post alot asking questions, and stay with it.  Winning these cases is 90% paperwork.  If you do your job right, it will never see court. (unless you have a rottweiler of a plaintiff lawyer like I do who refuses to back down, and will spend 4x as much trying to collect than if they dropped it)  I have learned so much here, I could probably pass the lsat lol.

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Lincoln Lark what you said is just not true at all.  I think the admin. of this forum keep a watchful eye, and protect their interests. (this site)  The tolerate alot, but when enough is enough, then that is It.  I personally thank them for keep an eye out.  

 

Back to the subject at hand.  My personal feeling is people are looking for an easy out.  If you are going to fight a creditor, any kind, it is not like you can file an answer, and they are going to get scared and run off.  Yes they like the default judgments  but they will also go to court.  You have to be willing to study, respond and be proactive if your going to win.  You will find most winners here prepared, made motions, objections, et all, and the ones that lost, while there are some that did everything they could do, some just didn't put the work into it.  

Then there are language barriers, (not just foreign language) but some can't wrap their head around the court rules, so even with help they don't know what to do.  It is definitely a learning experience.  

You can lay low, but if you get a suit served on you, the laying low time is over.  

In order to win, you have to study, prepare, learn to write (not my strong point) post alot asking questions, and stay with it.  Winning these cases is 90% paperwork.  If you do your job right, it will never see court. (unless you have a rottweiler of a plaintiff lawyer like I do who refuses to back down, and will spend 4x as much trying to collect than if they dropped it)  I have learned so much here, I could probably pass the lsat lol.

 

Thanks, shellieh! I've been lucky so far not to be served with anything yet, but wanna be prepared when the time comes. So I'm reading up on what to expect if/when I find myself in that situation. 

 

Before then, I'm curious if I should hit them with the DV or just lay low (won't be laying low when served, for sure). I highly down they'll just ignore my request, but the saving grace is that MA laws are stricter than federal laws, so they can't just send a spreadsheet with my name on it. On the other hand, once they've gathered all that stuff, they might as well proceed with a lawsuit. So, not sure.

 

p.s. you don't need to know law to pass lsat. it's all logic questions.

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@blimey  ...you can always DV.  (In fact, you should ALWAYS DV).  But, according to the federal FDCPA, if you don't do it within the first 30 days after initial contact, they ccan assume they have the right person and continue collection efforts.

 

you also have to be certain who owns the debt.  CAs don't buy debts.  Junk Debt Buyers (JDBs) buy debts.  CAs just handle the hassling for either OCs or JDBs. You deal with them differently....

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