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AMAZING! Debt Collection Misinformation on the Internet.

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Wow @BV80!!  Your post is a GOLDMINE!!  I don't even know where to start!  This is going to be INCREDIBLY HELPFUL for current and future visitors to the site!!  Now THIS is what I call a useful contribution in a pinned thread!!  Thank you!!

1 hour ago, BV80 said:

It’s also a fact that some states are more “consumer friendly” than others.

1.  California has some rules not available in other states.  Namely CCP 96 and 98 along with the CA Supreme Court decision in Mesa v. Portfolio Recovery Associates, LLC.   We have learned that JDBs do not want to comply with those rules.  As a result, lawsuits are dismissed without defendants having to delve into the issues of standing, authentication of business records, etc.

Being in California, I can 100% attest to this!  Not only in my case, but of those of the fine folks I have given some assistance.

1 hour ago, BV80 said:

Arbitration has been extremely successful in causing debt buyers to dismiss lawsuits.  I can only recall one or two instances in which JDBs paid the fees to commence arbitration.

Amazing!  Had no idea the percentage was that high.  This is why I've always told people to look at arbitration.  I've never used it, but I knew it was very successful.

1 hour ago, BV80 said:

We routinely advise posters to learn their court rules.  This site is full of information regarding affirmative defenses and authentication of business records as well as case law from states around the country.  Anyone who spends time researching this site will learn that they must defend based upon their state’s court rules and court decisions.   They must determine what their courts require to prove standing, breach of contract, etc.

In other words, we have tried to provide posters with more than “write this” or “make this claim”.  When possible, unlike many sites and articles found on the internet, we have offered relevant case law to support possible defenses to allegations and oppositions to motions for summary judgment based upon individual posters’ locations. 

Agree 100%!!  IMHO this is what makes this forum great!

Again, brilliant @BV80!  I'm laughing to myself because I'm wondering why I even replied! ? I agree with everything you've said and think your post is unbelievably helpful -- from top to bottom!

All I can say, again, is ... THANK YOU!

Many, many people are going to benefit from it!

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24 minutes ago, Harry Seaward said:

There's no point to give a "warning" in every post where the warning won't apply to 90% of the people reading it.

@Harry Seaward ... I'm with you.  I agree!  I wasn't talking about every single post.  I was referring to THIS discussion, about THESE specific articles from The Shriver Center on Poverty Law written in 2010 and 2012.  

We're good! 

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  • 5 months later...
On 10/9/2019 at 5:42 PM, LoveIsPower said:

2. ANY piece of paper that anyone chooses to propound is AUTOMATICALLY ACCEPTED by the courts? 
So my 14-year-old niece can go on photoshop and doctor up some billing statements, I can grab Microsoft Word and type up some Bill of Sale, I can go online and find out your address, slap it all together, sue you, and I DON'T HAVE TO PROVE TO THE COURT THE VALIDITY OF THESE RECORDS??

Exactly!!!! I am playing on using this at trial if the Junk Collector brings in witnesses to authenticate their junk.

CCP 96 reply stated they will bring in a:

1) Record custodian from the Plaintiff. (Address of the California Law offices. The guy resides in Ohio)

2) The vise president of a major Bank. ( Address in South Dakota).

3) Me.


Any tips for me? :)

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