Can anyone tell me how I can find specific case law to support a claim, such as the law which supported the posting in this link? http://www.friran.com/topics/NewsletterLAS/3.1debt.htm I want to be able to do this digging myself without having to post what I need and ask someone else to take their time and dig it up for me. But, I don't have a clue as to where to start. By the way, if there is some kind of subscription service, that's fine. I'm not looking necessarily just for free resources. Thanks very much to anyone who can offer suggestions for resources. (I'm dying to get my hands on the case mentioned above.)
please look at the FAQ link, it has many resources. other links include www.proselitigant.com, wwww.faircreditmovement.com and www.bayhouse.com ( I hope I got these all right) but if i did not, do a search and you will find them they all have great resources. I personally like proselitigant because it gives you great hints for going to court, and I believe that kristy at bayhouse has a book on suing ca/cras but i haven't bought it so i cannot comment
It's http://www.proselitigant.net/ instead of the dot com. Sorry, haven't figured out how to do this html stuff yet....
dempooches, Brink v. First Credit Resources, 185 F.R.D. 567 (D. Ariz. 1999). Plaintiffs challenged defendant's mailing of a "pre-approved" credit card with a set credit limit and outstanding debt in the exact amount the consumer previously owed, but the collection of which was time-barred by the statute of limitations. Plaintiffs claimed the mailing deceived consumers into reaffirming time-barred debts, in violation of the FDCPA. The court certified a class consisting of Arizona residents, rather than a nationwide class, reasoning that the FDCPA's $500,000 statutory damages cap, or 1% of the defendant's net worth, divided among a nationwide class with 231,000 putative class members would not be a superior method for adjudicating the suit. I've not been able to find the case specifically online, just summaries and references. It's based on a violation of Section 1692e(5) that prohibits debt collectors, including attorneys, from threatening to take action which cannot be legally taken, or which the collector does not intend to take. If a threat of suit is contained in an attorney's letter, the attorney must intend to follow through and there must be no legal impediment to filing suit, such as a prior bankruptcy. Here's another: http://www.mylawyers.com/articles/rb_old_debts.html I'm hoping the citation will help track it down. Have you considered clicking on the "contact us" button for the legalsurvival.com site and asking for the specific case reference or if they won't go for that, if they'll confirm that it's the above? Sassy
Hi Sassy, I emailed the contact name on the legalsurvival.com site last week and haven't heard anything back. Just tonight I emailed someone listed on the US District Court for the Northern District of Illinois website with the text posted on legalsurvival.com and asked if they can tell me anything that might help me in searching their site for the case. Maybe I'll hear something back from them tomorrow. I'll definitely post if I do find out for sure. I really do appreciate your help in pursuing this. Thanks also to everyone else who has offered suggestions for research tools. DemPooches
Sorry dempooches, Forgot this: http://www.ilnd.uscourts.gov/ All of Illinois appears to be available online. You have to register though, it's free, I did and it said you receive a password within 24 hours -- I'll let you know if it arrives and I find anything. It shouldn't require any affiliations with the information act, we'll see, hour 23 and counting. Sassy
