So you think the lies should stay on reports at least 7 to 10 years. Why not change it to 15 to 20 Yrs.? Better yet let's just make it for a life time!!!
99*No wonder every body came down on me about the spacemen. Here it was the E B all along. How could I have ever been so short sighted?
LOL Breeze, thanks! Do you think you could post that 5 or 6 times a day for me, I've been having trouble remembering it ;-) Tinkerbell oppsssssss I meant Sassy LOL
Yes, haven't you noticed that we are all really really stupid? Everyone. All of us. How could you miss it? I mean Sassy has posted really stupid stuff and so have I. Give up. We will never get it. We are not making jokes here, we are serious. You are so helpful, and we just can't get your excellent advice through our thick skulls. I mean, everything you say is so astute, it is beyond us. Really - all of us.
So from my understanding When I do go to court for these charges,I should tell the judge that I want to see proof that this account is mine Right?If the opposing attorney have a statement in my name but not an actual contract or signature is that considered proper proof?Also I send the attorneys 2 validations letters both with no return proof,Should they have ceased their court date?
When you go to court, ask if they are regulated by the FTC. Then demand to see their proof in accordance with federal trade commission guidelines. They need original contract with signature, ALL charges, ALL payments, and a COMPLETE and accurate disclosure of how they arrived at any interest and other charges. If the numbers don't match EXACTLY. It's not proper proof. OK Creditnetters, I was up all night so I can't remember which FTC opinion letter I just paraphrased. (Cass?) Can anybody provide the link? Dancer
Joer, When you go to Court, the CA must convince the Judge that you actually owe the debt. Remember they have the burden of proof. A signed contract is one way to show proof. They do need to make an accurate accounting of every penny they say you owe. No Judge will grant them a judgement if they cannot show this proof. A contract may not be necessary if they can show copies of cancelled checks you sent them, making payments on the account, if they show you used the credit card or did actually recieve credit from them. As far as not validating the debt, that is a violation of the FDCPA if they continued collection activity. If they continued to report it on your credit reports, that is a violation of the FCRA. You should file a counterclaim for your damages. The State Bar ethics committee also takes a dim view of lawyers violating the law. If you file an ethics complaint for the lawyer violating the law they can have license action taken against them. Hope this helps./....
When I received the court summons that I was being served,I sent the collection agency and the lawyers that are representing them a 30 day validation which they did not respond to.Then after 30 days I sent them a 60 day validation also with no answer.Can they still serve me in court?And do you guys think they have proof from an account that was opened in 1996.I mean the right proof like a contract or signature.Is a returned check proof that it was my account?.Need advice
Joer, I'll just say that a bank that issued a credit card I opened in 1995 and was charged off in early 96 was able to provide me not only with a copy of the original application, but also, all statements of account along with copies of checks submitted for payment. Never count on the fact that they cannot validate simply because they haven't done so to date. L
My questions is are these statements considered a reliable source of validation under the FCRA I thought that you either needed a signature or the original contract.
joer, When you get in a courtroom, all you have to do is prove to the judge that the debt belongs to the defendant. I've gotten judgements when I had no signed contracts but, I did have some canceled checks made payable to our bank in the amount of the monthly payment. Our lawyer just asked if this isn't your debt, why did you write checks for 10 consecutive months to this bank? As I think about your situation, I think it'sall or none.. They are either running a huge bluff and will try and settle right before the trial date or, they do have the goods and they've tried enough cases before the judges in this court to know the judges will let any FDCPA violations slide if you prove the defendant owes the debt.
A copy of the original contract and the cancelled checks shows the account was mine. The statements of account during the time the account was opened shows the accurate balance due, along with the actual date the account went delinquent. Also, if you end up suing them...that's when they are likely to "discover" this information...or I guess if they are suing you after receiving validation, they probably have it somewhere or can get it. I guess otherwise, it isn't worth the hassle of them digging it all out of the archives...at least that is my experience with it. I know we all love the Wollman letter, but there is caselaw also that says that insurance companies routinely accept computer printouts in order to process claims and the court accepted them as well. I think this is another gray area where it could go either way. Just depends on what the issue actually is and what the judge thinks. L
Taking eveyone advice in this confusing situation I find myself in ,what do you guys think is the best route to take.Do I try to settle with them or do I go in front of the judge and have them show some kind of validation.What if they have some form of validation against me.am I stuck with a judgement plus the whole $6000.00 +$4000.00 interest.
How many violations do you have them on? What if you sued in a different court for $5,000 in FDCPA violations? Think they'd settle? Dancer
Joer, If you lose, you will have the judgement entered against you. Have you spoken with a lawyer? Prehaps get a lawyer to help negioate a settlement? Sorry, just not sure how to advise. Just be aware that the standard of proof that many think has to be present and the standard that a judge may actually accept can be worlds apart.
