Court 7/9 9am, against OC and CA:)

This will be CST, I will update what is going on, I am being sued, but I motioned for dismissal via written and no written reply from lawyer, soooooo I will see what happens when I show up. I countersued the Lawyer/CA hehe and OC and I will update when I get back.

Its gonna get messy, but its pretty fun, whats the worse that can happen? I have to pay something thats not mine? big deal.

 

Re: Court 7/9 9am, against OC and C

Ok, I got the dismissal, but I didn't get the countersuit due to I have to file seperately since there is no court fee. Whatever, I got it dismissed without prejudice too.

I used the fact they didn't dispute debts, FCRA violation. Basically I told the judge it was that they wouldn't answer my calls or letters. Judge took their side on most of the other charges, but you must understand, the court here is local hometown people and I am not a native. I consider this a great victory since I have no real heavy costs going into it.

 

Re: Court 7/9 9am, against OC and C

Yeah its dismissed without prejudice, they can't touch me. All tradelines will be deleted. my countersuit? naaa I am not gonna even bother cause I don't really want to go through that again, it was draining being on the defensive the whole time. For everyone information, I was in court for 3 hours, and was in battle with lawyer for an hour in front of the judge.

 

Re: Court 7/9 9am, against OC and C

lawyer wasn't really able to respond to it, but they did have a letter of validation notice etc. but when I brought the attention that it was a form letter. It was basically something they ran off before they came to court. Judge asked why I thought that. I said, Because it wasn't even signed hehe.

 

Re: Court 7/9 9am, against OC and C

Basically no, here is exactly how it transpired.

1)pulled all 3 credit reports in Feb 2002 to start clearly up some loose ends. I.C. Systems is listed on the credit report, I dispute it, it gets deleted off 2 of the 3 and I called and find out they transferred it to a Attorney/CA

2)I get address and phone # from them to find out about the debt. I Called, asking for proof, they send a itemization on computer printout. This was February 15th.

3)March 6th I get the printout with first letter of from them. I know for a fact. No validation notice on it, just a regular dunning with a statement stating here is what you requested.

4)I called again saying this is not proof of the debt I need a signed contractual agreement. Nothing. Deeya the b**** para-legal says she doesn't need to send one.

5) they sue me on Apr 3rd.

6)I called OC they state that is the amount blah blah, you will pay, plus attorney fees etc. blah blah. I stated no I won't cause they are a collection agency not attorneys they get money on what they collect. I basically said the debt doesn't add up to what they are saying I owe. HE replies those are fees. I said I won't pay fees that I have no idea what they represent. Have a nice day.

7) I filed a Motion of Dismissal 28 days before the trial. by TN state law they have to answer in 10 days. To this day NO ANSWER.

8)Next day I file a countersuit against both the OC and CA for FCRA violations and CA for FDCPA violations.

9)Today I got into court, they call my name, the lawyer tells me to step outside, I thought he was gonna settle, he asks to pay now or expect judgment, I said My middle name is Judgment and walked inside.

10)Lawyer calls OC to come to court cause I plan on going on with the whole trial. They listen to both sides before even considering the Motions?!

11)Lawyer calls his first witness, the person explains the itemized statement. I said according to this letter by ftc. This itemized statement isn't a fact I owe a debt, its just a piece of paper printed with random numbers. Lawyer has caselaw to back up his motion that it does matter. (he won that round)

12)OC witness then says more charges are related to the case like and I butted in saying, I hope you aren't saying Attorney fees, cause he is a Collection Agent. Lawyer agreed OC was sooooo pissed cause he wasn't getting a ton of money for a debt that wasn't mine.

13)Basically I then asked OC witness if he ever talked to be on the phone and recieved a fax from me regarding the debt at the beginning of May, He says Yes. I asked was an investigation done? he said Yes. I asked how long did it take? He said 45 days. And the conclusion? you owed the money. I said if that was teh case during the 45 days, Why wasn't the Credit report tradeline placed by you not in dispute? He shruged. I showed judged FCRA's furnishers of information statute. (score 1 for the Kiyi)

14)Lawyer responded that FCRA was only based on laws pertaining to CRAs such as TU, EFX and EXP, I said No they aren't and showed the definations table at the beginning of the FCRA and explained the CA was also liable for it since I disputed the debt with them and they, too, didn't notate it on my credit report. (score 2 for the Kiyi)

15)The OC excused himself from the bench and left LOL, the lawyer said he will cover for him. I didn't have a problem with that.

16) Judge states that he agrees with everything that lawyer said, but since I made all the effort I could to contact both the CA and the OC regarding the debt, he would dismiss the case and they can't resue and dismiss the countersue so no-one won. I think I did though. hehe. Oh and I was in trial for an hour, not waiting on the trial but actually fighting for an hour.

Hope this explains some of the pitfalls and yes I believe that I could have done alot more to win the case. BUT I must repeat. NEVER EVER wait til they sue you. Sue them first. Oh and one more thing, I nitpicked everything cause the OC was rude to me, that lawyer musta charged a bundle hehehee.