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Can i File for motion to dismiss debt at this Stage?


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I'm being sued by a collection agency and we are in the discovery phase.

They send me Their Sets of Admission, Interrogatories and Documents. I answer them and send them my sets.

However, I was going through some old mail and i found out that another collection agency was also trying to collect for the same debt.

To me, this is powerful evidence that the current collection agency doesn't or does not have proof that they own the debt.

I want to be in the offensive because now. I do have evidence that they are not the only try to collect the same debt.

Do you think I get fill motion to dismiss at the stage, is it recommended at this stage?

Do you know what rule should I state to assert that the account is being referenced by more than 1 collection agency, kind like double jeopardy?

Thank you very much.

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5 minutes ago, haithemks said:

I'm being sued by a collection agency and we are in the discovery phase.

 

They send me Their Sets of Admission, Interrogatories and Documents. I answer them and send them my sets.

 

 

However, I was going through some old mail and i found out that another collection agency was also trying to collect for the same debt.

 

To me, this is powerful evidence that the current collection agency doesn't or does not have proof that they own the debt.

 

I want to be in the offensive because now. I do have evidence that they are not the only try to collect the same debt.

 

 

Do you think I get fill motion to dismiss at the stage, is it recommended at this stage?

 

Do you know what rule should I state to assert that the account is being referenced by more than 1 collection agency, kind like double jeopardy?

 

 

Thank you very much.

 

 What are the dates the other agency attempted to collect from you? Also? Was that other agency a debt buyer like Midland?   Not all collection agencies are debt buyers. 

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Hi ,

Both of them claims to have own the same debt from JCP. It is like 2 years ago. But, same account number, same client and same amount

It is a good proof that neither actually own the debt ( This is what i believe), because the debt can be sold twice.

Since i do have the paperwork, i feel strongly that i can show that other like Collection agency are trying to collect the same debt. It is undispusted fact that they don't actually own the debt.

 

Do you think i can move ahead with Motion To Dismiss at the discovery phase?

Thank you

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23 minutes ago, haithemks said:

Hi ,

Both of them claims to have own the same debt from JCP. It is like 2 years ago. But, same account number, same client and same amount

It is a good proof that neither actually own the debt ( This is what i believe), because the debt can be sold twice.

Since i do have the paperwork, i feel strongly that i can show that other like Collection agency are trying to collect the same debt. It is undispusted fact that they don't actually own the debt.

 

Do you think i can move ahead with Motion To Dismiss at the discovery phase?

Thank you

 Yes, a debt can be resold. One debt buyer can sell to another debt buyer.    The first collection agency could have sold it to the agency that is now suing you.    It is not undisputed that the plaintiff does not own the account. 

What is the name of the plaintiff currently suing you?

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Hi ,

Yes, the collection agency can sell the debt. However, the claim only has an affidavit ( which i fill a motion to strike) and a single statement showing Interest and Fees.

They didn't attach any agreement of the original debt or any bill of sell of the current debt or any document showing that they have the right to sue this particular debt.

I know if they had these documents, they would have included. ( The name of Collection Agency is Kramer & Fr.).

AS you can see the claim is full of partial missing document, but since i got hold of the proof that another agency is collecting the same account, my rate of beating this case surpass 100%.

I'm just not sure about the timing to fill this motion. Do you think now is a good time? ( during discovery)?
Thank you

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The outlook Vendor . An alleged Client that they did not provide any proof that they do have or acquire the power of attorney to represent.

Hey members, i 'm a little confused about why it matter what the plaintiff or the alleged creditor name is. It could be any collection agency.

I think there is a factual problem with any claim if more than 2 party claim the same debt. I'm preparing my motion to dismiss based upon it.

I'm just wondering on how many motions to dismiss can you submit in a civil case? I don't want to overload the case. But, as I'm learning about the flaws of the case, i see more and more problem with the plaintiff claim.

Thank you all.

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4 minutes ago, haithemks said:
 

The outlook Vendor . An alleged Client that they did not provide any proof that they do have or acquire the power of attorney to represent.

 

Please be more specific.  What do you mean by "outlook vendor"?

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Hello,

I feel like you i have attracted many collectors as opposed to real lawyers.

 

This is what i 'm going to do:

Fill and Fight it and Win.I just talk a real lawyer and he explain to me the process. It should be a piece of cake. I have enough evidence to dismiss it and win.

Then, I'm a web engineer. So, i will be making a free website detailing everything i did to win the case and provide free forms. Then ,run ads to let people know about it.

I will then submit a claim to FDCPA complaint.

 

Talk to few real lawyers and do some pool to see there is enough for Class action for violating FDCPA.

For any one facing Kramer & Frank in the future, please keep tuning in , i will provide all steps and instructions for free.

 

This will conclude my discussion with this question with the collectors.

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I think you've misunderstood what goes on here.  We are not debt collectors.  We are not attorneys either.  We are people just like you, who came to this site, at least most of us, because we found ourselves dealing with debt collectors.  Whenever a "real lawyer" tells me that something's going to be a piece of cake, I tend to run the other way.  More times than not, that attorney has his/her own interests in mind, not yours. 

 

You mentioned a class action FDCPA claim.....you know what the deal is with those?  There's only one actual winner in a class action lawsuit---the attorney for the plaintiff.  The party who originally brought the suit will see a little bit of something, usually, but that attorney is the one who makes out.  No one else really does.

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2 hours ago, haithemks said:

Hello,

I feel like you i have attracted many collectors as opposed to real lawyers.

 

This is what i 'm going to do:

Fill and Fight it and Win.I just talk a real lawyer and he explain to me the process. It should be a piece of cake. I have enough evidence to dismiss it and win.

Then, I'm a web engineer. So, i will be making a free website detailing everything i did to win the case and provide free forms. Then ,run ads to let people know about it.

I will then submit a claim to FDCPA complaint.

 

Talk to few real lawyers and do some pool to see there is enough for Class action for violating FDCPA.

For any one facing Kramer & Frank in the future, please keep tuning in , i will provide all steps and instructions for free.

 

This will conclude my discussion with this question with the collectors.

We are not debt collectors.  Read through our many topics and posts.   We ask questions because we can't help if we don't have details.

You asked about the plaintiff's name because some people have come to this site thinking they had been sued by a debt collector when they were actually sued by the original creditor.  If you're being sued by the original creditor, the FDCPA will not apply to that creditor.

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4 hours ago, haithemks said:

Hello,

I feel like you i have attracted many collectors as opposed to real lawyers.

 

This is what i 'm going to do:

Fill and Fight it and Win.I just talk a real lawyer and he explain to me the process. It should be a piece of cake. I have enough evidence to dismiss it and win.

Then, I'm a web engineer. So, i will be making a free website detailing everything i did to win the case and provide free forms. Then ,run ads to let people know about it.

I will then submit a claim to FDCPA complaint.

 

Talk to few real lawyers and do some pool to see there is enough for Class action for violating FDCPA.

For any one facing Kramer & Frank in the future, please keep tuning in , i will provide all steps and instructions for free.

 

This will conclude my discussion with this question with the collectors.

Please, keep us posted - and try to make video of yourself in court. You will get many viral youtube hits with make many happy laughs.

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@haithemks

As you can see, your veracity is questioned due to your evasiveness.  

It is quite possible to provide details without revealing one's identity.   As you can read from the many, many posts on this site, we HELP consumers because most of us have received debt collection letters and/or been sued.     If you truly need help, we want to help you.   In order for us to help, we need more details and specifics. 

If you continue to be evasive, it will only be assumed that you are a troll who is merely here for his own amusement.  In that event, you will be banned.

 

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