Seadragon

Alternatives to fighting it out in court when sued for debt collection

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I agree 100% with @Determined1. If we are to prevail, even some of the time, against JDBs and their rent a scumbag DC attorneys, we must be willing to call them on their illegal practices. It's one thing to play a game. Another, entirely, to cheat, at will, because the opponent doesn't, frequently, even know you are cheating. And, when they do, they don't or won't tell the "ref."

 

I am still sitting on the bench here, waiting for the results of my MTC VS MSJ w/CACH. I'm pretty much judgment proof at this point, and ready and willing to remove my name and funds from any accounts that are not a)retirement accounts or b)have exclusively retirement funds deposited (my ex retired from a public service job at the age of 56. Thanks, ex.)

 

But once I have an answer, no matter what the answer, I am moving forward on attacking the robo signed affidavits that BoA has been handing CACH by the ream. I know they're robo signed. The judges know they're robo signed, and the DC attorneys certainly know they're robo signed. But without a national lawsuit to discover and hand the evidence to a judge, all that knowledge is meaningless. 

 

The one thing that DC attorneys have that we don't, and that we forget to our peril is this: case law, and putting the evidence into record. No one can win without the proper backup. And, in a courtroom, that backup is case law or evidence.

 

As for alternatives to the courtroom: I still believe that arbitration is a tool that can be used. Why would the DC attorneys fight it so fiercely, if it were not?

 

Here's the thing, tho: you have to prepare to use it, just like you have to prepare to fight it out in court. The ill mannered, badly dressed attorney I was up against, won twice against the invocation of arb, in another county. But neither time, did the defendant act properly. In one case, the defendant "told" the DC attorney that they wanted arb, but did not mention it again till trial. It was unclear how the telling occurred. In the second case, the defendant stood up at trial and stated "I want arbitration." for the first time.

 

Now, we all know that arb clauses state that arb can be elected "at any time," in the process of dealing with a disagreement with the creditor. But judges are judges, and you had better cross your t's and dot your i's if you plan to elect. As well as understanding the process, and the possible stakes, should you lose at arb.

 

I haven't dealt with a settlement offer, except from low level scum who sent me offers in the mail. So I can't speak, with any knowledge, about settlement.

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I suspect that those that have lost at the trial court level either know that the "proper backup" is a solid appeal record made at the trial level and a timely filing of the appeal or they will come to understand that to be the case.

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Hello...I need help!

 

Asset Accept c/o Fulton Friedman Gullace sued me in 2011, and case is on "conditinal settlement" per 3.1385 - with Stipulation (not in Court records) to pay every 1st of the month, else judgment to be entered against me.  I never received statements from debt-collector-atty-representing Asset Accept based on stipulation but I paid every month anyhow.  THEN I get a substitution of attorney - with FFG advising that they are no longer representing Asset Accept; acknowledged monies received, and advised me to pay "new people" (MCM in San Diego).  Although this is on a FFG letterhead, the person with "stamp signature" is not the one named on the substitution of attorney.

 

I had asked for a statement from "the new people"...and I am waiting...tomorrow is the 1st...but "new people" said OK to pay late?

 

Trying to decide what to do...

1.  Should I pay "new people" even if there is no statement and Stipulation is not on Court Record with  "old atty" already out of the picture

 

2.  If I were to rescind Stipulation (found out after the fact that statements sent to my former Pro Bono counsel was a combination of two-creditor statements), what do I have to do?  I have $700 left to pay.

 

Thank you,

homeschool mom

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Just like when you were to pay for anything you did not owe, people get to the media, or AG. When you feel wronged you speak up and let the authorities know you are displeased or prejudiced.

 

It has been said in other posts that this is to no avail. I so disagree!!!!  If you can write an answer, a motion, discovery, etc..... but you cannot send a letter to your public officials(like MN did)  about bogus affadavits , and JDB'sclogging the court systems, and possible fraud in the court s then why are you here trying to win a case???????

 

We need to make some noise. Get  the people in your state to write a letter about the JDB's. Maybe someone(maybe me)  can come up with a form letter to send in ? How easy is that?  Comments ?

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If it were me, I would check into paying the court as receiver until all the nonsense is straightened out.

That won't work because it was never filed with the court.

 

Send the new guys a DV, see what they got.  They can transfer a stipulation letter, but weather they did or not is another story.  Otherwise you may be stuck paying it.  Make sure you get a release after it is paid so they can't come back to try and get the whole thing again.  Keep your proof's of payments.

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Hello...I need help!

 

Asset Accept c/o Fulton Friedman Gullace sued me in 2011, and case is on "conditinal settlement" per 3.1385 - with Stipulation (not in Court records) to pay every 1st of the month, else judgment to be entered against me.  I never received statements from debt-collector-atty-representing Asset Accept based on stipulation but I paid every month anyhow.  THEN I get a substitution of attorney - with FFG advising that they are no longer representing Asset Accept; acknowledged monies received, and advised me to pay "new people" (MCM in San Diego).  Although this is on a FFG letterhead, the person with "stamp signature" is not the one named on the substitution of attorney.

 

I had asked for a statement from "the new people"...and I am waiting...tomorrow is the 1st...but "new people" said OK to pay late?

 

Trying to decide what to do...

1.  Should I pay "new people" even if there is no statement and Stipulation is not on Court Record with  "old atty" already out of the picture

 

2.  If I were to rescind Stipulation (found out after the fact that statements sent to my former Pro Bono counsel was a combination of two-creditor statements), what do I have to do?  I have $700 left to pay.

 

Thank you,

homeschool mom

You probably received that because the successor in interest to Asset Acceptance is Midland Credit Management in San Diego.  They bought out Asset last year, I believe.  It is likely that MCM does not utilize FFG, so FFG is now out of the picture.  Under your circumstances (I know, it sounds like heresy) I would call MCM and get clear information, and get it in writing.

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