Flirtykumquat

Found a court case with no knowledge

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So I was worried about one credit card company but I was checking my name in the clerk of court and found a court case popped up. I have NEVER received any type of notices or anything from the or said collection agency.  I have attached the paperwork attached online...What do I need to do next

 

Also, this account does not even show on my credit report. I have no idea when this account closed or anything..

Lawsuit.PDF

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1 hour ago, Flirtykumquat said:

I have NEVER received any type of notices or anything from the or said collection agency. 

Florida only requires you be told the account is sold not that they notify you of a right to cure before suing.

1 hour ago, Flirtykumquat said:

The OC is Barclays Bank Delaware, and from my understanding this card does not even exist anymore

Barclays very much does exist.

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2 hours ago, Clydesmom said:

Florida only requires you be told the account is sold not that they notify you of a right to cure before suing.

Barclays very much does exist.

I wasnt indicating Barclays doesn't exist. But the actual card has been discontinued 

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I see two ways to beat this (from a quick reading of the pdf):

1.  use arbitration.  Barclays has an arb clause.  Note that Florida has unusual requirements for arb.  I think you need to file the MTC Arb, and not an answer.

2.  SOL.  It looks like you last paid on the account in Sept. 2017?  Barclays uses Delaware law, where the SOL is 3 years.  Florida has a borrowing statute, case law is L.W.T. v. Brodsky, 2006 WL 3617983 (Fla. Cir. Ct. 2006).  So the last date they could legally sue you is Sept. 2020.  But, it's possible that because of COVID various deadlines have been extended.

Some odd observations:  it looks like the plaintiff is the third JDB here.  And the first bill of sale, from Barclays and the first JDB, is dated March 2017, when the account was apparently still with Barclays.

 

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Maybe @fisthardcheese could chime in here regarding arb in Florida?

I would also suggest you consult with a consumer attorney.  I don't get how Barclays could have sold the account in March 2017 when Barclays was still sending you statements months after that.  There might be some violations here.

 

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I just did a phone consult with a consumer attorney. I have found some of the cases and most of them have been dismissed. They are wanting to charge me $750...I asked about the SOL and such and she really didnt want to go into detail about much.. This is the contract they sent me...does anyone have any thoughts?

Alyssa Jones Retainer.doc

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22 hours ago, Flirtykumquat said:

I just did a phone consult with a consumer attorney. I have found some of the cases and most of them have been dismissed. They are wanting to charge me $750...I asked about the SOL and such and she really didnt want to go into detail about much.. This is the contract they sent me...does anyone have any thoughts?

Alyssa Jones Retainer.doc 240 kB · 4 downloads

It's not quite clear . . . are these lawyers going to represent you in the debt case in state court, or are they going to file a FDCPA case in federal court?  Usually consumer attorneys who take FDCPA cases do not charge their clients, as they can recover attorney fees from the debt collector defendant.

It depends on what you are comfortable with, and what you can afford.  If this were my case, I would keep looking for lawyers.  I think you have a FDCPA case here.  The JDB is trying to collect on a debt they claim was sold to the first assignee in March 2017, while the OC was still sending you statements for months after that, which suggests that the debt was NOT sold in March 2017.

But I take an aggressive approach to JDBs.  My motto is I don't pay them, they pay me when they violate the law.

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You might want to search for attorneys who specialize in FDCPA cases - which I think you have here.

But, I understand that your first priority is getting the court case dismissed - and you DO want a dismissal, not a settlement.  These bottom feeders deserve nothing.  They are the 3rd JDB.  Imagine how little they paid for this debt - maybe less than a penny on the dollar?

If you use arbitration, you could probably get a dismissal on your own with the maximum payment of $250 in JAMS fees.

But I understand you may not be comfortable going to court and through arbitration as a pro se.   Having an attorney can be an advantage if you are dealing with a hostile court.  Some judges and magistrates do not like pro ses, and may try to trick you.  For example, one magistrate tried to con me into paying a creditor from my Social Security benefits.  But I'm not that dumb.  I know those funds are exempt, and told him so.  He backed off, then.  They wouldn't try to play games like that with a lawyer.

If you think you are getting a good deal with these lawyers, then go for it.  But I would make it clear to them that you are not willing to settle with the JDB, and would like to pursue them for violations of consumer laws.

 

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Yes I just had another consult today and she said they look to have it dismissed and most of the time the ty counter claim bc of FDCPA violations. I feel like the case is highly dismissible but just bc I’m in Florida (which always requires something different) and me not having too much knowledge with legal issues and responding I’m just going to let them handle it. Plus they deducted $100 when I told them the info I did know. 

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On 1/26/2021 at 4:17 PM, Flirtykumquat said:

I just did a phone consult with a consumer attorney. I have found some of the cases and most of them have been dismissed. They are wanting to charge me $750...I asked about the SOL and such and she really didnt want to go into detail about much.. This is the contract they sent me...does anyone have any thoughts?

Alyssa Jones Retainer.doc 240 kB · 5 downloads

This contract reads very terrible to me.  They are double dipping attorney fees on this thing.  Borderline scam if you ask me.

Look for an attorney here: https://www.consumeradvocates.org/

See if you don't have better luck.  If you can't find any who will take your case with no upfront fees, then I would suggest just using the arbitration strategy and bring my FDCPA violation against them in arbitration.

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