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Arizona Win


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Hi all,

 

I'm not sure if there will be an NDA, so I will keep it vague for now, but we just beat a major JDB. As most of you know, Arizona is a tough place to fight these characters.

 

A couple years ago, when fighting CACH, I realized I was in over my head. At the time I had not found this site and was on debtorboards where, thankfully, a senior member saw that I was sinking and referred me to NACA. Through the NACA site I found a lawyer that has, so far, made $16K in JDB law suits go away. I believe we have been lucky so far, but I also believe that we would have lost all of these cases if I defended them pro se.

 

We still have more cases pending, but I just wanted to share a positive outcome. I have nothing but respect and admiration for those of you that are able take on the challenge of fighting these cases and the help and knowledge that you all share.

 

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It involved federal counter suits over reporting anomalies. The amounts reported where so wildly inflated that it affected my entire plan to get this behind me - had they reported correctly (and, assuming settling for about half the amount), it would have made more financial sense just to settle up front.

 

This experience only serves to reinforce @Harry Seaward's game-changing discovery of the capped-fee agreements. We were well into litigation with the local representatives of the plaintiff and it was like talking to a wall - all they cared about was getting an MSJ. Once the game got moved to Federal Court it became cost-prohibitive to continue.

 

It's critical that people realize JDB's have gotten better at this, even over the last year or six months. This isn't the first case my lawyer has won for me, yet when I sent him my last three law suits he said "we need to try to settle these." 

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Hey, a win is a win. I think your way just reinforces @ 's theory that much more and also confirms what I've been saying about the capped legal fees. As long as you duke it out in Justice Court, counter claims or not, they have no reason to back down. You have to make it cost them something to come after you, and the only way is to kick them in the knickers with a Federal suit.

Unfortunately the JDBs aren't as sloppy and violations are not the given they once were. And lawyers aren't as hung ho about taking these cases now either.

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I think it also pays to be realistic. I see very few cases of identity theft, or "you've got the wrong person," or other situations where the case is based on error.

 

The fact is that virtually all lawsuits are, for lack of a better term, "valid." Most of us applied for cards, used them, and, usually through unforeseen setbacks, defaulted. I believe it's also true that places like Midland legally bought the debt they sue to collect. Sure, there was probably massive fraud in the past, and they don't always make it easy by playing games with documentation, etc., but when a judge sees a stack of statements and payment history with a defendants name and address it's going to be an uphill battle.

 

In one case they validated with an online application containing tons of personal information - am I really going to stand there and tell the judge they are devious enough to cut-and-paste these disparate details into a bogus document? Of course it's me and everyone in the room knows it.

 

That said, anything can happen and I'm sure are there are still cases where a local law firm will fumble anything beyond a request for default judgement. But from my experience I am seeing more and more members getting sued with "assembly line" tactics: a simple cause of action with little or no documentation - if the summons is answered there will follow statements, online application, bill-of-sale and affidavits - all enough to get MSJ in most jurisdictions. If it goes to trial a phone-in-witness will testify to records that are relied upon and integrated into the course of normal business. After that it's typically "case closed."

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@debtzapper - absolutely. And I would add to keep learning from sites like this:

 

My lawyer didn't find my violations - I did, based on reading other people's experiences. Even after we discussed it on the phone and shared emails, nothing much happened. It wasn't until we met, face-to-face, at a mediation conference and we discussed it in the hall that the light bulb went off and he took action.

 

Another thing is, if you are going to use a lawyer, do some serious shopping. I went through a lot of referrals before finding the right guy.

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@Goody_Ouchless

 

You make an excellent point.  I've said this several times on this board, but for the benefit of any new OP's I will say it again.  I had to contact 5 consumer lawyers before I got one to take my case involving debt collection calls to my landline made without proper disclosure. I was not a debtor; the calls were intended for someone else.  Two separate JDBs were calling me.   I ended up using an out of state law firm that got me settlements from both agencies.   You have to be persistent.

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