Annie226

Sued for a lessor amount that is reported on my credit report

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Does anyone know if I can use the fact that the jdb has reported a larger amount owed on my credit report than what they are sueing for? (They are suing for the amount on the only statement they provided.).

Answer is submitted and pre trial is in 30 days. No standing was used as well as failure to state a claim.

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First I know nothing about MI law, but @Brotherskeeper and a few others like @bmc100 here do. @Brotherskeeper also knows an excellent FDCPA attorney which you might have a need for. If you are dealing with Cavalry they are notorious for just making up numbers. Find out your state's maximum pre-judgment interest rate. Then take the amount from when the "purchased" this account and figure out how much interest they are charging you. Use both the CR number and the number they are suing you for. 

 

The reason I say this is because they can't legally charge you more than the state's maximum rate unless they have a signed document from the OC allowing this. You also want to check and see if they have tried charging you post charge off interest. This is when they charge you interest between the time the OC charged off the account and when the "purchased" it. In most states this is illegal, but many of the JDB's do it anyway because most never call them out on it. 

 

Many times you can beat these guys by making them prove the amount and how they arrived at it, in addition to the standing issue. Of course doing this also depends on your local court and how fair or bias the judge may be. I say this because if you are in a loaded court room it may not matter. That is why you need to speak with these other MI members to see if they are familiar with your local court.

 

Here are some of the more recent FDCPA claims filed against Cavalry in MI. I'll bet if you at the details of these some of them will deal with the "amount" issue.

 

http://dockets.justia.com/search?parties=cavalry&state=michigan&noscat=13&cases=mostrecent

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