Help being sued, Need advice

Discussion in 'Credit Talk' started by joer, Apr 25, 2002.

  1. lbrown59

    lbrown59 Well-Known Member

    1* To pay off the account -Dumbo!

    2*Now we know who paid the judge don't we?!
     
  2. lbrown59

    lbrown59 Well-Known Member

    So in effect there are no consumer protection laws!!!!
     
  3. joer

    joer Well-Known Member

    What type of lawyer do I use in this case?Consumer law Or........Having a hard time finding a lawyer in the state of New Jersey that has any clue about the FCRA or FCDPA.Anyone know a good lawyer in NJ that has knowledge of the FCRA.Please post
     
  4. Tuit

    Tuit Well-Known Member

    Joer, try http://budhibbs.com/

    He may be able to help you locate an attorney in your area.

    Tuit
     
  5. joer

    joer Well-Known Member

    JUst received a letter from the opposing attorney that shows the credit card account # on it,the amount plus interest.Is this by anyway considered validation that this belongs to me?
     
  6. Why Chat

    Why Chat Well-Known Member

    I have tried to keep out of this, BUT !!
    A "validation" letter that DOES NOT DISPUTE the debt is ,in my opinion, worthless. The FDCPA says that legal action cannot be instigated upon a disputed account, NOT A "REQUEST FOR VALIDATION" You guys are confusing the issues of credit reporting law and credit collecting law. If you responded to the Court with a notarized answer and a copy to the lawyer you would have accomplished your goal. Your answer should have included a dispute of the dates of the subject debt of the complaint, a dispute of the authority of the ca to collect on the account a dispute of he accuracy of the information in their complaint.If the debt was yours, you can still claim inaccuracies, for instance account #'s -other ca's who have contacted you for the same debt,interest charged by the CA in excess of your State's allowable rate,(this is unrelated legally to the original cc interest) You have been fighting the wrong war.
     
  7. keepmine

    keepmine Well-Known Member

    joer,

    If that's all they have, it seems very weak. I can't imagine a judge {I don't care how anti consumer they may be} would grant a judement based on anaccount number on a piece of paper. They have to be able to link the # up to you speicfically. You do that with a signed app or, copies of canceled checks, etc.

    Do you have a trial date? What exactly did the letter say? { If you feel comfortable posting it-"x" out the personal information} Looking a little brighter I'd say!
     
  8. solzy

    solzy Well-Known Member

    i can only repeat myself so many times.

    If the lawyer collects debts (plural), which he almost certainly does, he is a debt collector. He is subject to FDCPA, just like a collection agency. His communication to you must contain the statutorily required language. Even if its a letter. Even if its a response to your validation request. His communication MUST contain the federally mandated language. If it does not he is liable to you under the FDCPA. It does not matter whether you owe the debt or not. If he has sent communications to other individuals in addition to you which do not contain the language he faces the prospect of a class action lawsuit. With mandatory statutory damages for every violation. Depending on his insurance policy the damages may not even be covered.

    If his letter does not contain the statutory language you possess a thermonuclear bomb. Even if you owe the debt he possesses a mere slingshot. Give him 7 days to dismiss and send you a general release or tell him the next correspondence he receives will be from your (contingency) lawyer.
     
  9. solzy

    solzy Well-Known Member

    just so we're clear, you sue HIM not his client.
     
  10. joer

    joer Well-Known Member

    Keepmine,I have a trial date set for 5/14/2002.I hope that the judge understands that what they are going to show as validation is inactuality garbage.A letter with my name on it and an account# is not proof that the debt belongs to me.Ill keep you guys posted on what happens in court.
     

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