OK...I get lost in the messages sometimes and it was late night when I wrote that post (I think!). I apologize for any misgivings. Since you have no idea what this debt is for, then continue with your strategy. Keep sending the validation requests and keep racking up the violations. You really do have a case here (I think....again I am not an attorney)since they are not telling you what its for and providing proof. Just make sure you have your information, documention and case law right. Good luck. I would be very interested in what happens with you.
I have one question. If you go to court and the judge or the attorney asks you point blank: "is this debt yours, did you use or purchase the services or merchandise that is charged on this account at any time?" Without lying under oath can you reasonably plead the 5th. "I choose to invoke my 5th amendment rights against self-incrimination?"
Betacredit, The 5th amendment is protection in criminal cases. Civil case defendants don't have that protection. Remember O.J. Simpson on the witness stand in his civil trial? The judge would just direct you to answer the question .
Its sad that you have to file a lawsuit to even determine if an account belongs to you. I found out after I filed that an account is mine, but it was with another bank that had been bought out. You know...all they had to do was tell me what the account was and the correct date it went delinquent and report same accurately and we wouldn't have had to go here :::sigh::: But now that we have...too bad! L
Well first of all you are under oath, if you say yes then obviously you are agreeing you owe the bill. If you lie and say no, then you have commited perjury. How is answering under oath violating your rights?
I don't want to answer for lbrown but I think he is refering to the Judge asking "did you use or purchase the services or merchandise that is charged on this account at any time?" Just because I went to the hospital doesn't mean I authorized the test, or that my insurance didn't pick up the tab and someone made a mistake. CBJ
Just an update, went to the courthouse today to file the answer found out Equifax has answered my small claims petition, Trans Union has not.... they have 7 more days. I just mailed my papertrail and settlement packet to Eq and TU today, am expecting they will get back to me in the next couple of weeks as the court date is May 14 for EQ. Question for PsychDoc.... I didn't sue Experian, instead I sent the papertrail and a settlement/ I'm ready to sue letter. They sent back a form letter basically stating that they didn't accept what I sent them and if I wanted to start an investigation, blah, blah, blah. Obviously I sent this to the wrong place. Should I send it directly to the legal department, and if so do you or anyone have the correct address? CBJ
1* I am only agreeing that some time in the past I did business with them. I am not agreeing their current claim is correct or owed!
1*NO YOU"RE NOT:A signed contract don't prove you owe anything.2*Agreeing to the contract is not one and the same as agreeing to what they may claim.3*No it don't show any such thing.
When you sue then for violations don't let then try to put you on trial. They are the defendant not you.
I used to take people to court for a veterinary office. Believe me they will state it in such a way that it makes it VERY difficult to hem and haw. The creditor will also continue to ask questions concerning the account of the same nature. The best you often can hope for is a continuance.
Doesn't work in court. They will keep pressing for questions. If you hem and haw they will probably continue it, but you can BET that the next time the CA or attourney shows up in court they will have medical records in hand, with your name on it. That is all the proof most judges need. I've been to court enough times and seen it happen. Generally though they have all the evidence they need for the judge. If you say "yes I did business with them", then likely the judge is going to grant the judgement if the creditor has any evidence at all
If they have a signed contract, unless your willing to go as far as lie and say you didn't sign it, or if it is not actually yours it isBINDING It may not mean that the claim amount is right, or that you do owe anything as you said, but it does make their claim more believable, and allows them to collect extra fees if it is included in the contract. Unless you are able to show up with a pile of receipts that prove you paid the debt, you can just about bet that the creditor will get the judgement. creditors come to court armed and Very Seldom does the judge rule in a debtors favor, and I emphasize very seldom. If you say it is incorrect they will usually grant a continuance, but unless you provide evidence at the next court date your probably going to have a judgement entered against you. It may not be fair, but that's the way things are.
I know nothing of class action lawsuits, but it seems that a forum such as this one would have enough members (if not now, then eventually) that would have the clout to get some real change in credit reform? Just a thought. To be effective we need a training/support program that is connected with this site that would give enough people the confidence to dig in their heels and get the cash settlement along with the deletions. The courthouse may seem intimidating, but it can also be a very effective tool. CBJ
Then the best thing to do is go on the offensive. There is no recourse for the consumer other than the courthouse, when everyone starts getting the picture that they can't ruin someones credit over a vet bill, then we will have made the progress we need. CBJ
1* In other words if you ever did business with them it obligates you forever to pay them any thing they claim as often as they claim it and it doesn't matter if you owe the money or not!!. 3*So in effect this nullifies Receipts Canceled Checks and any other evedence that the claim is false.Therefore one is totally at the mercy of the creditor and what ever they demand you have to pay it as there is no defense against this!
1*A contract is not binding A-If it has expired B-Has been replaced C-has been breached.D- has already been performed or otherwise been completed2*And just how would you have receipts covering a debt you don't owe. 3*If all it takes is a yes answer for the creditor to win why even bother apearing in court.Why not just stay home and let them have it by default?.
