pampamk

In need of some direction, served, answered, received interrogatories

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@Anon Amos

 

I would think so too, but I did a little more research based upon a case cited in Bunce.  In 1981, the KS Supreme Court ruled in State Ex Rel. Miller v. Midwest Serv. Bur. of Topeka that the Act applies to independent debt collection agencies under certain circumstances.

 

We cannot imagine that the legislature intended that an independent debt collection agency may lawfully engage in deception and unconscionable acts and practices which are prohibited if engaged in by the original creditor or one of his agents. We hold that an independent debt collection agency falls within the definition of a "supplier" and is subject to the provisions of the KCPA, if it is found that three specific conditions exist:

(1) The debt sought to be enforced came into being as a result of a consumer transaction;

(2) The parties to the original consumer transaction were a "supplier" and a "consumer" as defined in the act; and

(3) The conduct complained of, either deceptive or unconscionable, occurred during the collection of, or an attempt to collect, a debt which arose from the consumer transaction and was owed by the consumer to the original supplier.

 

 

That highlighted phrase is what the Bunce court considered when determining PRA's liability.

 

Nor is it a collection agency hired by the original creditor, while the debt "was owed by the consumer to the original supplier.A debt collection agency hired by the OC would be liable because the debt is being collected while it's owed to the OC.  According to the court, a JDB would not be liable because the money is no longer owed to the OC.

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@pampamk

 

In my opinion, malicious prosecution could be a possibility considering PRA's shenanigans.   If an attorney believes you have a case, be sure to ask him if PRA's attorney could be included in the action.

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@Anon Amos

 

I would think so too, but I did a little more research based upon a case cited in Bunce.  In 1981, the KS Supreme Court ruled in State Ex Rel. Miller v. Midwest Serv. Bur. of Topeka that the Act applies to independent debt collection agencies under certain circumstances.

 

We cannot imagine that the legislature intended that an independent debt collection agency may lawfully engage in deception and unconscionable acts and practices which are prohibited if engaged in by the original creditor or one of his agents. We hold that an independent debt collection agency falls within the definition of a "supplier" and is subject to the provisions of the KCPA, if it is found that three specific conditions exist:

(1) The debt sought to be enforced came into being as a result of a consumer transaction;

(2) The parties to the original consumer transaction were a "supplier" and a "consumer" as defined in the act; and

(3) The conduct complained of, either deceptive or unconscionable, occurred during the collection of, or an attempt to collect, a debt which arose from the consumer transaction and was owed by the consumer to the original supplier.

 

"Which arose from", and "was owed"  It doesn't say it has to currently be owed to the OC.

 

Also from the appellate court in that case "*328 After careful review of the legislative history we have concluded that the district court was correct in its holding  that the KCPA, as enacted, should be construed to include, with it's application, independent debt collection agencies.

 

Debt collectors are not allowed to violate laws if they are collecting for someone other than the OC.

 

I'm sure, like any case, it can be argued either way.

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@pampamk

 

In my opinion, malicious prosecution could be a possibility considering PRA's shenanigans.   If an attorney believes you have a case, be sure to ask him if PRA's attorney could be included in the action.

 

Yes, I would think so ( I ran out of "likes" for the day).

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So I received a reply from the first attorney I emailed. I told him I had prevailed in my appeal with the KS Appellate Court along with the link, and wondered if I might have a claim against them and their minion. He replied: pampamk, I am interested. When can we meet.

 

I just sent an email to the attorneys who handled the case I posted a link to above, which gives me such joy to read...

 

Fingers crossed, I will be interested in hearing what they have to say.

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I emailed the firm that represented the winning $83 million verdict against PRA in May. They called... they want my case!!!

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I emailed the firm that represented the winning $83 million verdict against PRA in May. They called... they want my case!!!

 

 

That's great!  You know you have experienced counsel. Let everyone know how it goes. It's good to be the aggressor now.

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I started a new job (in my third week) and with trying to adjust to it I haven't been doing much else, it is much more mentally challenging than my last. So I haven't any updates as far as my case against them. The attorney I spoke with was not lead counsel on the $83 mil case and forwarded my case on to lead. They contacted and unfortunately they are not licensed in KS, but said they have a relationship with a firm in KS with whom they collaborate and had forwarded my info on to them and they would be contacting me soon. Well, soon has passed in my opinion and I haven't heard from the firm. So I plan on contacting the assisting counsel who is licensed in KS and see if they will take my case, if not the hunt is on again... sigh. However, at the time I spoke with them they did say if the lead in the other case was unable to take it they most definitely would take it or find someone who would. Hope is not lost.

 

Couple of interesting side notes:

 

1.  PRA has started calling... sporadically. They never leave a msg. I answered the last two times and asked for the phone number from which they were calling and the mailing address. They always begin their spiel with a subtle threat of litigation... the first time the caller said my account was being reviewed by their litigation department; the second caller said she was calling from the litigation department. I asked the second caller if she was an attorney, and why she was threatening litigation. She did not like that. Anyway, I think from now on I will answer, let them do their spiel then ask for their name, number and address, say thank you and hang up. I am making a log of every call whether I answer or not.

 

2. I haven't received anything from the district court so I called them today. The first person I spoke with said nothing had been added to the file since December. I asked had they not received anything from the appellate court. She then said she was going to transfer me to someone who might know more about that. She came back and said she had spoken with the other person and the judges orders will go out in the mail tomorrow... hmmmm wonder why it took me calling to get them to do the right thing... I am so disgusted with the district court system... the law seems to mean nothing to them.

 

Anyway, that is all for now...

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@pampamk

 

If you answer the calls, record them.  But first check your recording laws.  Are you in 2 party state?  If not, just record away. 

 

OR, if they're calling your cell phone, you can send them a letter revoking their right to call that number.

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@BV80

 

Yes, I plan on recording them, I've got to remember how to work that little device, lol. I checked laws several years ago, I guess I better check again just to make sure.

 

No they haven't called my cell, just home as of yet...

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Hi Pam,  Since you are updating I thought you'd get a kick out of this. Finally done with the court, I get called for jury duty. Out of 70 potential jurors I get picked for a 2 1/2 week trial at the same courthouse . Isn't it ironic , don't you think ?  The other thing is that the atty who wrote my second  appellate memo(lost to the same commish I won with)  just had a major win with a client using a lot of content from my 1st memorandum I wrote, and new help from CFPD.  This is heating up with these JDB's.  I told my hubby it would be  coming but not in time for my case, but intend on still making some waves!!!!   Pam

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Hey can we have that link to the unpublished appeal?

 

 

I second that request for the link.

Hey All!! Sorry not ignoring you, there just is not enough time in the day to get everything done... I haven't any new updates.... at a stand still, so it seems to be with any thing judicial...

 

@shellieh98 and @debtzapper I would love to post it but have been advised to wait until all my "things" are over, hope you understand. I personally cannot wait for the day to post for all to see!

 

I can't remember if I said this on here, but as I spoke with one attorney he stated he was surprised it wasn't published vs unpublished. I agreed and said I guess the courts didn't think it as important as I. He stated oh they do, they just didn't want to subject the attorney I defeated to the ridicule from his/her peers for being beat at the appellate level by a pro se...  I despise the cronyism amongst the courts at all levels and if my case does nothing more than bring that to the forefront it will be a win for us all!

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Hi Pam,  Since you are updating I thought you'd get a kick out of this. Finally done with the court, I get called for jury duty. Out of 70 potential jurors I get picked for a 2 1/2 week trial at the same courthouse . Isn't it ironic , don't you think ?  The other thing is that the atty who wrote my second  appellate memo(lost to the same commish I won with)  just had a major win with a client using a lot of content from my 1st memorandum I wrote, and new help from CFPD.  This is heating up with these JDB's.  I told my hubby it would be  coming but not in time for my case, but intend on still making some waves!!!!   Pam

LOVE IT! That is my sentinment as well... as we continuue to pick away at the courts and their complete disregard for the pro se and/or their mindset that all people being sued for debt deserve it, as well as the cronyism to outright illegal activities between the courts and the JBD's we will all be winners in the long run! 

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well lets just say, you would have to dig. Good job @pampamk to bad it isn't published, but at least if people could get to it, it gives some good case law as to why they didn't win.

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I love that  we can now view the unpublished KS appellate and Supreme court decisions also. It is a new feature, I didn't have it available to me as I did my research. 

 

@debtzapper @shellieh98 mine wouldn't be too hard to find...  ;-)

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I can't for the life of me figure out this judge....  I finally, today, received the journal entry from the district court reversing its ruling against me and entering judgment in my favor However, it made no mention of the costs assessed against plaintiff to be paid to me, which were included in the mandate from the Appeallte Court. Maybe I'm wrong... but I am thinking the journal entry should include the amount, no??? What is your opinion?

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Do you have to file something to get costs back? California they do, and here in Colorado we do. Check your rules. I wold think he should have stated it, maybe he's miffed, so he's making it difficult.

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