Sued by CA, need help.

Discussion in 'Credit Talk' started by caseybjone, Apr 12, 2002.

  1. caseybjone

    caseybjone Well-Known Member

    Hi Everyone,

    Been lurking here since January or so. Have written my verifications. second letters, put my paper trail together and have file suit against Equifax and TransUnion. We are at day 11 of the twenty day period they have to answer the suit.

    An unexpected development is after sending a local CA a verification the attorney they have on retainer file suit in district court for an $89, 5 year old medical collection. Been out of town, so I have this weekend to file an Answer. HELP!!!! I also want to file a suit against them for violations of the FRCA. More HELP!

    I need links to finding out how to put a proper answer togehter. Pretty much anything will work as they have a high tolerance for Pro Se up in these parts.


    Thanks in Advance.

    Casey B. Jones
     
  2. whyspers

    whyspers Well-Known Member

  3. catatized

    catatized Active Member

    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.
     
  4. caseybjone

    caseybjone Well-Known Member

  5. caseybjone

    caseybjone Well-Known Member

    We are in Idaho. I'm not sure where to check to find the SOL.

    This is the second part of my question. Are there any links to case law hwere a signature is required for validation. I believe that filing suit would be considered continuing collection activity, so I'm not sure I need anymore documentation than that. <grin>

    Is it not also a violation to continue to report the debt at all when they are not able to validate?

    CBJ

    BTW just for my information, cosidering the number of CA's that have violated the FCRA since I started the validation process has anyone actually made any money suing the CA's? From what I've heard on this board most everyone uses the courts so that they can get unvalided entries off of their reports.
     
  6. lbrown59

    lbrown59 Well-Known Member

    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.
     
  7. catatized

    catatized Active Member

    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?
     
  8. whyspers

    whyspers Well-Known Member

    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
     
  9. caseybjone

    caseybjone Well-Known Member

  10. caseybjone

    caseybjone Well-Known Member

    The other question I have is proof of debt. I've filed the Answer (thanks again for the link) and I'm waiting to see if they decide to set a date. If they do and they show up with a copy of the bill as proof that the debt exists what do I say? Is there case law that states that a signature is required, and if so how do I find it?

    CBJ
     
  11. caseybjone

    caseybjone Well-Known Member

    bump
     
  12. caseybjone

    caseybjone Well-Known Member

    Answer is filed, fees paid. Now we wait and see if a date is set.

    Still looking for a few comments on arguments to be used in court (or case law?) when a creditor tries to use a invoice/bill as proof that the bill is still owed. This guy is up here all of the time, so I wouldn't be surprised if a date is set and we actually go to court. If I lose it will be a judgement and then they will have leverage.

    Thanks,

    CBJ
     
  13. keepmine

    keepmine Well-Known Member

    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?
     
  14. lbrown59

    lbrown59 Well-Known Member

    How does this prove you owe what they claim?
    Also how does it excuse them for violating your rights.
     
  15. caseybjone

    caseybjone Well-Known Member

    And I will look them square in the eye and say I honestly don't know since you have not shown me anything that would prove to me that I do owe this bill.

    Is this enough? The burden of proof is on?
    CBJ
     
  16. keepmine

    keepmine Well-Known Member

    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.
     
  17. catatized

    catatized Active Member

    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.
     
  18. Dancer

    Dancer Well-Known Member

    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
     
  19. caseybjone

    caseybjone Well-Known Member


    I think I very clearly stated that I do not know whether or not the debt is mine. I do not know if it was for me or my son. If it was for my son, those medical bills have been paid. If it was for me, then I don't remember what it was for. It is as for a lab test that was ordered for a Doctor.

    Furthermore, we had insurance during that time, so it should have been paid by the insurance.


    <rant mode>I would gladly pay the damn thing if they would take it off of my report, but they don't. WHY????? Because everyone makes MORE money off of those with "bad credit" than those with "good credit". Especally if the person with the "bad credit" almost always pays his/her bills on time.</rant mode off>

    CBJ
     
  20. caseybjone

    caseybjone Well-Known Member

    You know, I'm starting to think that this is the most logical approach to a warpped system. If it starts costing them money, then maybe they will stop messing with peoples lives. I started out on this journey to just clean up a few collection accounts. No BK, No Forclusure, No bad credit cards, no charge-offs and 1 small paid judgement (I disagreed, we went to court, he won), and about 13 (over the three reports) "collections" anywhere from $9 to $1300 for things that I content I do not owe, disputed, ect. ect. If the business says you owe it, then you owe it, no hearing, no panel, no mediation, just a big black mark against something that is vitally important to a persons survival. I can't get a car loan for under 23% with 25% down.

    I think collections should not be allowed to be reported. And I think we should start suing the hell out of those who do.

    CBJ
     

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