Sued by CA, need help.

This site has layed out this information for you. Hope it helps!

http://www.nwjustice.org/docs/205.html#205e

 

I checked your profile and you have no info in it so I can't find the state your in. If the debt is 5 years old, there may be a chance that the statute of limitations has been reached and they can't sue...you will need to find out what the SOL for your state is. In California, its 4 years, some states 5, some states 6 some other more. If you have DOCUMENTED PROOF of multiple violations on their part, you can file suit against them and they might consider dropping their as they may not be able to validate the debt. Remember, not validating is NOT a violation, however, continued collection activity and not recording 'account in dispute' on your credit report is. Make sure each voilation is well documented with copies of letters and CRRR. Even though they are sueing you...don't stop the validation process. Keep racking up those violations until your day in court. You can find the actual FCRA and FDCPA sections and paragraphs to quote in your suit if appropriate.

Just make sure you have documentation and that your in the right. There is nothing worse then going before a judge and being told you don't know what your talking about.

 

1*Filing suit is not considered that.So don't grin too soon as they may have the last laugh on you.Everyone has the right to sue anyone anytime for any reason.To put a clause in the consumer laws to bar a CA from suing would be denying them a basic right that we all have:

2* YES it is.

3*Yes some have gotten money.

 

Cassy...
The Statute of Limitations for Idaho can be found at http://creditinfocenter.com/rebuild/statuteLimitations.shtml . Its seems to be different for the type of agreement, unlike Calif.

Perhaps someone can answer me this...

If a debt is incurred and defaulted on in one state, then you move to another state, which state laws and SOL's apply? How about if its incurred in one state and defaulted on in ANOTHER state after you have moved?

 

lbrown is right. Filing a lawsuit CAN be done at at any time and there is caselaw to back that up. I just can't get at it right now, unfortunately, or I would post it. I guess this post isn't very helpful, but I would seriously research this before relying on the theory that filing a lawsuit is continued collection activity. Best of luck with it!


L

 

One thing you need to prepare for. At some point, either the lawyer or the judge will look you square in the eye and ask if you ever received these services and is this your bill?

 

How does this prove you owe what they claim?

Also how does it excuse them for violating your rights.

 

Ibrown59,

I learned a long time ago there is theory and then, there is reality. Reality is, most small claims court judges are biased towards defendants. If they believe the debt is legimate, they'll rule that any violations of FDCPA were "harmless errors". Also, I have never once seen a civil action where the defendant didn't have to answer some questions. A lawyer with some experience knows how to phrase questions to place the defendant in a tough position. An old lawyer I used to deal with alway said if I can make you answer "yes-but" I'm gonna win.

 

Here is what I think...and I am not an expert, but this seems reasonable.

it sounds like the debt is yours, you have asked for validation and they have not provided it to you. If you can show this, then when you goto court, tell them that the debt may be yours, however, the CA and the OC have failed to respond to your requests for validation that you have a contractrual reason to pay this debt (show your copies of letters and the green cards that go with them.) Tell the judge that all you have been asking for validation of the debt and you would be happy to pay the $89. That you are there (in court) due to their negligence, and if they will provide the documentation you are asking for, you would gladly pay the $89. Also, ask the court to dismiss the case on these grounds if the plaintiff (the CA) will agree to those terms. If they won't, ask the court to NOT award them anything other than the $89 (no atorney fees etc) seeing how it was there negligence of not responding to your validation requests that have caused you to appear in the first place.

This is off the top of my head.

What I am driving at, is that if they have a contract with your signature on it, then your S__t out of Luck. the only thing you can do is try to show the court that you have tried everything you can to remedy this situation, and they have not cooporated. If you can get the judge not to award atorney fees on that basis (not likely but could happen) then this process will end up costing them a hell of lot more than the $89 you would have to pay them.

Also remember, verbal contracts are valid in most states. There is SOL for those too. If they can show that you have paid previous bills (copies of personal checks etc.) they might be able to claim that you agreed to the contract by your meer act of paying for the services perviously. They would also be able to show that you were previously fully aware of the debt.

 

Remember, when it's your turn suing them, the fact that it is your debt is irrelevant to the fact that they violated your rights under the FRCA. You have the right for a full and fair accounting and validation of a debt. If they have not provided it to you and have continued collection activities without marking the debt as "in dispute", then they have violated the FRCA. That's what you are suing them for, not because you don't owe the debt, but because they are breaking the law in trying to collect on it.

Tell them: "Sure, I'll give you the $89. You can take it out of the $3000 you owe me for the violations you racked up in your illegal debt collection efforts."

Dancer