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being sued by junk debt collector


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6 hours ago, alwayswinning36 said:

No lawsuit against any creditor, collector or their attorney is going to matter in anyones case. You can't use any of that as a basis for suing any of them.

maybe not in the way your thinking . you can always join the lawsuit if it's class action. and if you google the collector and find where they were wrote up for going against  laws collectors are suppose to follow . . and you can rile a complaint if they did something wrong. and just reading about what they did wrong can tell you  a little bit about the company.. if your going to court to fight your collections , it's just good to know all there is yo know about them..at least I would.i was only sharing ideas and experiences.. don't have to follow .

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2 hours ago, Bulldoger said:

As far as I know, SSDI benefits cannot be garnished by creditors including credit card companies to satisfy a debt. Thanks to federal regulations, two months of Social Security funds that are directly deposited into your account usually get automatic special protection from garnishment by judgment creditors.

yes in iowa anyway.  most collectors won't even take ya to court if they know your money is protected . but with a judgment they can keep adding interest on and it will be over your head forever . screws your credit up worse too. poor people just keep getting the shaft

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2 hours ago, Clydesmom said:

Delivering a summons or subpoena is a function of the court and not subject to trespassing warnings or charges.  The video of them delivering the summons does not help you at all in claiming "trespassing" but it does serve to confirm service.

Being on disability IS NOT A LEGAL DEFENSE to a lawsuit.  It prevents them from levying your bank accounts if the only funds in there are disability funds and don't exceed the exempted amount but it does not prevent the court from entering a judgment against you.  You can't just stand in court and demand arbitraiton you have to file the proper motion with the court.  The judge is 100% correct that the only purpose of the trial is to determine if it is your debt.  If it is she is legally bound to enter a judgment.  End of discussion on that.  Not going to explain again that it isn't trespassing to serve you with a summons.

They don't have to provide you with proof of anything until court or arbitration.  There is only one state with a "right to cure" and that is South Carolina.  They will likely just go ahead and sue you.  Good luck.  Based on your post(s) you don't know what you are doing and will get steam rolled again.

in iowa it is against the law for a process server to trespass. I called the police on her and I can press charges ..not going to but can.

2 hours ago, Bulldoger said:

As far as I know, SSDI benefits cannot be garnished by creditors including credit card companies to satisfy a debt. Thanks to federal regulations, two months of Social Security funds that are directly deposited into your account usually get automatic special protection from garnishment by judgment creditors.

yes in iowa anyway.  most collectors won't even take ya to court if they know your money is protected . but with a judgment they can keep adding interest on and it will be over your head forever . screws your credit up worse too. poor people just keep getting the shaft

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Just now, ciy said:

in iowa it is against the law for a process server to trespass. I called the police on her and I can press charges ..not going to but can.

yes in iowa anyway.  most collectors won't even take ya to court if they know your money is protected . but with a judgment they can keep adding interest on and it will be over your head forever . screws your credit up worse too. poor people just keep getting the shaft

you don't know Iowa law as well as you think..look up process server and Iowa law. and I did file a document with court for arbitration motion to compel. and lots of other documents to and they do have to send an outline of what they are going to bring to court as I had to also.  I asked for proof of debt, proof of bill of sale , asked them about balances . They also had false statements on the summons that was sworn to under penalty of purgery.. . 

process server also had false statements on her document.  which I proved with a video.. she said I answered the door and told her to get the f.ck off my land , I didn't even answer the door .. she said I took the papers and went inside.. but videos show she opened my outside door and left them I side door . she certified under penalty of purgery to. she wouldn't let me ask questions or show my documents.. she would let me but rudely cut me off ..in such a snide inpatient stupidity , I've ever seen.. you weren't there so I doubt if your comment about what I did or didn't do has any basis.

13 minutes ago, ciy said:

in iowa it is against the law for a process server to trespass. I called the police on her and I can press charges ..not going to but can.

yes in iowa anyway.  most collectors won't even take ya to court if they know your money is protected . but with a judgment they can keep adding interest on and it will be over your head forever . screws your credit up worse too. poor people just keep getting the shaft

you make it sound like you know so much but I did all these things you are saying , I already knew this stuff from doing many hours of research and talking to lawyers .. and ya know she doesn't have to talk down to someone in her courtroom which others have complained about to. she is rude and looks down and talks down to people and I don't care if she is a judge she is no better than the next person.. and in some cases judges have been caught at crimes as well. I didn't commit a bad crime I was hurt at work and unable to pay bills , it happens don't make me a bad person where she can talk to me like that..

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3 hours ago, Clydesmom said:

Delivering a summons or subpoena is a function of the court and not subject to trespassing warnings or charges.  The video of them delivering the summons does not help you at all in claiming "trespassing" but it does serve to confirm service.

Being on disability IS NOT A LEGAL DEFENSE to a lawsuit.  It prevents them from levying your bank accounts if the only funds in there are disability funds and don't exceed the exempted amount but it does not prevent the court from entering a judgment against you.  You can't just stand in court and demand arbitraiton you have to file the proper motion with the court.  The judge is 100% correct that the only purpose of the trial is to determine if it is your debt.  If it is she is legally bound to enter a judgment.  End of discussion on that.  Not going to explain again that it isn't trespassing to serve you with a summons.

They don't have to provide you with proof of anything until court or arbitration.  There is only one state with a "right to cure" and that is South Carolina.  They will likely just go ahead and sue you.  Good luck.  Based on your post(s) you don't know what you are doing and will get steam rolled again.

 

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