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Dealing with collection attorney for OC


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First off, this is some good stuff on this site and I am eternally grateful for its existence!

Received a Warrant in Debt in march asking me to come to court to "Dispute or take the judgment". I disputed based upon my rights. Judge set date for plaintiff to send me Bill of Particulars (BOP) that expired yesterday (5/7). My Grounds for Defense is kinda based upon the info from BOP so I'm stuck and I want to hit them hard and fast.

Do I start making motions to compel them to provide?

Do I motion to dismiss?

do I motion to exclude BOP?

Ironically the plaintiff stand in attorney, because CA is from Maryland, fearfully told me the importance of getting my grounds for defense in early because the court looks down on tardiness. After the court date the CA sent me some rediculous settlement offer that included threats of taking physical property, which I ignored because it wasn't ordered by the court. Any help is greatly appreciated...

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what did the letter say exactly?  post it here word for word. 

1. they failed to provide a BOP, I would do a meet and confer giving them 10 days to respond, if they do not, file for a motion to preclude.

If the letter he sent you for settlement is as you say and he threatened to take your property, run as fast as you can to a consumer lawyer, or you can file a case yourself for violation of the fdcpa.  What he did is illegal.  A consumer attorney would take the case free to you as the other side would have to pay his fees, and you would get dammages for the violation.  @ArtVandelay is pretty knowledgable about violations.

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Thanks for your response Shellie! I couldn't find the link for the 20 questions that I could cut and paste.

I may have jumped the gun, I re-read the letter and it said "Nothing herein shall prevent plaintiff from recording the judgement as a lien against any real property owned by defendant". The letter was a consent for judgement (I.e. he was fishing for a settlement), but the judge ordered him to provide me the BOP by 5/7.

Not sure if that qualifies. I will go to courthouse to see about meet and confer, but don't remember seeing that on court rules of procedure. I really don't want the docs because it is the OC (unless they are hiding the fact they have no contract or paperwork) and they may have the goods. I'd rather them be thrown out to be honest!

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The CA is Rubinstein and Cogan. Coincidentally they lost a huge class action suit (winemiller vs worldwide asset) where a group of JDB's broke every FDCPA and Md state law and also misrepresented the info on the affidavits. They are licensed in VA. They usually only represent JDB's so I have been a little skeptical on the OC claims, but the affidavit is signed by an employee of Barclays Bank.

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I found VA RCP for failure to file a court ordered BOP...

C. Bills of Particulars and Grounds of Defense

1. The general district court can require the plaintiff to file a written bill of particulars. Remedies for failure to follow the order include summary judgment in favor of adverse party or exclusion of evidence as to matters not described in the pleading. Va. Code § 16.1-69.25:1, Rule 7B:2.

Anyone have a sample Motion for Summary judgement or motion to exclude? Or the link to find them...

Thank you

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Well... Semi-good news yesterday! Got a letter stating they Dismiss "non-suit without prejudice"!

Maybe I should just pat myself on the back for just showing up, but I want more... They sued me without the goods, caused me duress (ask my wife) and threatened to place a lien on my property. I don't want money or anything, but I do want a dismissal with prejudice.

Any options for me or should I be quiet until they sue me again or sell to a JDB?

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Did you sign the stipulation agreeing to dismissal without prejudice?  You can tell them "with prejudice or we'll see you again when I file my counterclaims" (assuming you have counterclaims)

Nope, there is only room for plaintiff and judges signature on form. I ain't signing anything except "with prejudice"!

If they refile, I'll file counter claim for a frivolous lawsuit or using the same affidavit, but since it is dismissed I can only sue them outright for a FDCPA violation (which I don't have).

If I'm missing something or someone knows my options according to VA law, please let me know.

This has been a great learning experience!

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Thats what I was thinking, but how to go about it officially is where I need some help. I'm going to give it until Monday and then go make sure the dismissal was filed.

Thanks for responding and assisting!

I think I have what I need to successfully defend a JDB, but I was nervous since this was an OC and had to get them by showing up, disputing and finding something procedural. Of course, the attorney was from MD and had a five hour drive...

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Check to see if Barclay is reporting on your credit report.  If the account has been sold, Barclay will report it as "sold", "transferred", or "sold to another lender"...something along those lines.

 

If they've only charged it off with no indication that it was sold, then Barclay still owns it. 

 

Now, if their entry indicates that they sold the account, the debt collection attorney might be in violation of the FDCPA for claiming to represent the OC.  In that case, I'd contact an attorney.

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BV80,

They tried a settlement letter and in it they said to send a check to the lawyer and to write check to Barclays Bank. Of course I refused, but this cleared up whether they were trying to pull a fast one. Will double check credit report though....

There are several reasons I think they didnt pursue...

1. Lawyer is from MD, about 5 hours away, and since the amount was in the $2k range it wasn't worth it.

2. OC didn't have the supporting paperwork because the original card was Juniper Bank and I received card as Barclays was buying them, which may have caused some loss of docs. If they were waiting for docs, they could easily have received a continuance.

3. I mentioned to attorney that upon receipt of original contract I may opt for arbitration as outlined in a generic copy I saw on Internet.

Probably shouldn't have tipped my hand on the arbitration, but I wanted them to know I wouldn't be a pushover. I live in a small city and there were about 50 cases on docket and only two of us showed up. The other guy just took the judgement with no defense.

There is absolutely nothing wrong with having the other side prove their case, it's our money. Lawyers get criminals and big banks out of jail all of the time on procedural errors.

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@Flabbergasted in Va

 

The fact that the attorney is in Maryland probably wouldn't be an issue.  If the attorney didn't want to make the trip, he could get an attorney in your area to stand in for him.  It's a legal thing, but they're allowed to do it.

 

There's a couple of more reasons they might have dismissed.  The OC may not have felt the suit was worth their time.  A lawsuit for a larger amount might have been pursued. 

 

Or, the attorney may prefer to go for default or consent judgments.  I don't know if attorneys for OCs would have a set fee per case,  but if that's possible, and he doesn't get paid by the hour, he may to want to do as little work as possible.

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