CA questions, new to posting...

Re: Why be frightened of the court?

Oh, I didn't say that. It really depends on the person and his/her personality. If you have the huevos to ask the above questions and keep your cool until a shouting match ensues and then outshout them for a moment or to and then slam the phone down on them then do so. Here is why. It is a violation for them not to give full and meaningful disclosure at the start of each and every phone call. So do you really think they are going to want to do that every hour if they call that often? And each time is a separate violation of FDCPA. And you record each of those violations at a grand a pop? And when and if they file suit on you and you file a counter suit on them for all of those violations? Of course it is highly likely that the court would reduce those to just one violation but you throw in all that harrassment and mental anguish on top of it just for safety's sake? That's where the big money is in such suits. Not a simple little violation but piling up their violations until it would outrage the sensibilities of the court and the jurors.

You can't get much of anywhere with just one violation such as they didn't validate or they failed to do so within 30 days or any of that. Those kinds of things are likely to get you just exactly nowhere and quickly. The judge just says in his own mind, "You didn't pay the bill that you owed so all you are trying to do is to use that as an excuse to get out of paying your debts. Get out of here and go pay the plaintiff. Case dismissed." Or something to that effect.

The question before the court is whether or not you owe the debt and nothing else whatsoever. Nothing else will be considered. Naturally, that's not the case every time, but rather what I have said is "generic" and fits most cases most of the time. If you have valid arguments or statements to make which would essentially change the outcome of the case, affect the courts decision in some meaningful way then bring it on. If not, get it outta here.

It is your legal right to do so and no, it should not cause you any trouble. You can do that if you like with little or no fear. It is the full cease & desist that you need to be fearful of.

One advisor who seems to be viewed with great respect on this and other boards freely gives out the advice that one should never deal with a 3rd party collector and should always send them a full cease & desist and deal only with the original creditor. That glueru gets a lot of attention nationwide as well as on the internet because of his list of collection agencies and ranks them according to how they rank in their prowess as scumbags. The list of the nation's toughest collection agencies to deal with. If I remember correctly he rates Gulf States as being the worst of the lot.

Be that as it may, sending a full cease & desist is just about the last thing one should ever do when dealing with his problems. That is because the full cease & desist leaves them with just exactly two options.
(1) Sue you immediately and with no further ado
(2) Forget about ever collecting the debt.

Now then, I ask you which of the two do you think they would be most likely to do?

To illustrate how stupid this glueru and his so called advice is, why on earth would anyone in his right mind want to insist that he deal only with the original creditor? After all, the original creditor can do just about anything he wants to do to the debtor except break his legs and the debtor has no protection at all whereas if he deals only with 3rd party collectors he has a plethoria of rights and remedies.

And that glueru even had the huevos to send me an email telling me I don't know what I am talking about and worse and how he is going to sue me if I don't quit telling the truth about him.

So as long as you are careful not to slam all the doors on them thereby inviting them to sue you I think its pretty safe to send such a letter as you describe.

 

Re: Re: Why be frightened of the court?

Should I also send a letter requesting they no longer call, only deal with me thru the mail?
tprib
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You send the Val. letter to catch them breaking the law. why help them avoid violations by requesting they not call??

The END ****** ~~~~~~ ************* LB 59

 

Re: Re: Why be frightened of the court?

Good question LB. But I tend to think your answer could have been more logical. One cannot expect to easily prove they violated the law or did anything wrong in phone calls. Yes, one can allege a whole lot of things but proving them to a judge who don't really want to believe either your statements or his ears is not a task one really wants to deal with. All they really have to do is to say it didn't happen or if it did it was just some dumbo they recently hired and who is no longer with the company because they were caught doing just that against company orders and policies put in place to prevent such things from happening so while we are deeply regretful that any inconvenience or discomfort that may have been caused the plaintiff by our errant employee we hasten to assure the court that it won't happen again and both you and they are out the door. But they are out the door scott free and you pay the bill while they go driving off laughing at you.

So I tend to think its a lot better to put an end to their calls and if they make a mistake and violate a lawful cease & desist you have a valid grounds to file suit on them if you have enough other violations to make it stick.

If you are going to go around filing lawsuits on them you better take the whole cake to court with you and blow out all the candles one at a time. Oh yes, and don't forget to have a nice fat crow sitting on top of the cake too. Just to make sure they get to eat some crow in the process.