Re: Re: Dazed & Confused I personally like to teach these people a lesson. And if all consumers could learn this,, well half these guys would be out of business.. They rely on the average consumer not knowing their rights and the law.. OK do not send the SOL letter thats your ace in the hole so to speak..If they do not respond and even if they do I can assure you it will not be competent proof of any debt. After 30-35 days allow for snail mail go by.. Send a letter listing the violations and your intent to sue. Again they will not respond(they do not take us seriously) in the letter tell them here is the amount you will be requesting in court as outlined in the FCRA and DCPA state the clause and paragraph they have violated and the clause for damages up to $1k and if they wish to settle outside of court to send you their settlement offer in 10 business days or the next time they hear from you will be in the form of a summons from the court.. Understand I am not an attorney but have done this several times so I am NOT giving you legal advice just what I would do,,, and I have done this even on the Fed level and HAVE won against 2 attorneys at one time.. When your right your right and when the law is broken and it is in writing its hard to be beat..Again if you feel uncomfortable about going into small claims court this may not be for you. It is difficult to find attorneys who will represent you in a case like this without paying some money up front so you may have to do yourself and small claims is the place to start as the court system there is geared toward the little guy and allows for you lack of knowledge of civil procedure's. The SOL could be used later as they will probably hire an attorney to represent them who will make motions to the court for grounds for dismissal and affirmative defense and you have to know how to answer that(this is all done in paper and no court appearance is required) but mostly is a ploy/smoke screen to scare you and drop your case especially when they know you got em. If it gets to the court( they may offer you a settlement prior to trial date) and they try to bring up the debt here that is when you inform the court that the debt is outside SOL and has no bearing on the case. Its very powerful because at that point somebody has not done there homework i.e the defendant.. and now they are looking at only your violations the 3 previously listed and I think you get the idea where this is going. Again this is what I would do and is not for the weak of heart..But once you do one of these and win its a hell of a confidence builder..I will not go into full details on all the intricacy's here as I had to pay for an education in this stuff. And you must be willing to do some research on the law and former case law to do well. There is no easy way out you can send the SOL if you want but sometime in the future some CA will get it and be after you again possibly listing in your reports and you will go through this again. So you must know how to defend yourself legally and stop it now. or go through again in the future I have had and read listing here of people who were accosted by these types 15 years after the debt was gone,, because again they hope you will not know the laws. You do have a time limit of one year to bring your actions that is from the time they have contacted you although the courts allow some leeway on this.
Re: Re: Dazed & Confused To: LBrown59 Click here: CREDITNET | Straight Talk | | Dazed & Confused bump *************** GET THE BASICS HERE. http://consumers.creditnet.com/straighttalk/board/showthread.php?s=&postid=410243#post410243 ***************** >
