What does this tell us about Discover? They will spend $2000 to recover a $1000 debt? It doesn't make any sense at all. I got a pre-approved offer for Discover this is another reason why I don't think I'll be responding to it. Thanks for posting your fascinating experience.
You definitely should be proud of yourself. I bet they were thinking that you would not be able to handle yourself in court. Also, your posting here is helping me write up my complaint against 2 CAs. Thank you very much!
Re: details of my lawsuit today - l Kelly, I hope you didn't think I was being too critical. I wasn't trying to be. You did have great success and I congratulate you for that. I was only offering suggestions for you if necessary and any others heading down that road. Congrats again. Great job!!!!!!
GReat great great great!!!. This post is just what i needed if I need to go to court. Hopefully I will not I did take Wells Fargo before and they settled out of court. I really prefer not to go to court, but, oh well hells bells LOL! I'll post my results as well.
No offense taken LKH. Believe me, after dealing with these a-holes in court, I'm a lot less sensative to criticism. I forgot to mention I have one more case coming up that was postponed until June. It is against the collection agency that bought my account from Discover. They are reporting the debt twice, each with a different balance. One is $30 more than the other. One says closed, the other says, open/revolving. Whats up with that? I only ever had one account with Discover. I believe I am well within my rights to sue them for double-reporting the same debt, correct? They both have the same account number. Geez, Discover reports the debt and their ca reports it twice. I've got three entries on my report for this same stupid debt! And they're willing to fly someone out here over it. Talk about being stubborn. Anybody think I could lose this case for any reason? I'm suing for violation of the FDCPA Sec. 807(8) for reporting false information. Kelly
Re: details of my lawsuit today - l keepmine | 476 posts since Aug 2001 152.163.206.202 | 05.15.2002 @ 09:02 Kellyscott, The theory judges and lawyers work from is, if it was in the best interest of the party to send you the document then, the premise is they sent it. In this case, sending it would comply with the law and if they have it in their possession now, it's reasonable to assume they had then and would have sent it. ============ How come it don't work this way for sending Val. Letters? Why the double standard? lb59
Re: details of my lawsuit today - l Kelly, Before suing the CA that's double reporting be sure to dispute with the bureaus first. The Judge could decide you didn't exhaust all available remedies before going to Court. If you didn't try the standard process first, you can get thrown out of Court. Now, if they validate or verify the information and its contridictory you have a ROCK SOLID case. Greg.
Re: details of my lawsuit today - l The ca for Discover dopped everything and is removing the entries. They say they sold the debt back to Discover? Still haven't received the judges decision about Discover. Kelly
You're well within your rights to sue. Your case can be dismissed if you don't have any actual damages... or if nobody other than you has seen the double reporting. that's why it's imperative to apply for local credit and get denied (or at least for credit)... that way the report is seen by a creditor and that way you have actual damages all at once. Zcraws say that without actual damages the case can be dismissed before word one is said... I hope you've seen Lizardking's lawsuit. You get to sue under willful and negligent noncompliance (n and o sections) and then you list how they screwed up.. eg: verified incorrect information, double reported etc. You can always ammend your complaint before going to court and you can refile if it gets dismissed without prejudice.
Re: details of my lawsuit today - l Ya'll (sorry for the Southern 'twang), this is really beginning to infuriate me concerning these judges and the law! IT DOESN'T MATTER IF THE DEBT IS TRULY YOURS OR NOT!!! That's not what these cases are about. I have yet to go to court, but I have a 3-ring binder with dividers noting my case point by point with the violations of each, just like you. I also have a sort of "Appendix" where I will have a "FULL" copy of the FCRA, the FDCPA, and the Texas Debt Collection Act, FTC Opinion Letters, and the Spears/Brennan Appeal The Spears Appeal fromt the Marion Superior Court is perfect to use in defense for the "IS THIS YOUR DEBT" defense. HERE GOES: I WOULD START OUT WITH THE FDCPA § 802. Congressional findings and declarations of purpose (i.e., The "ENTIRE" reason that the FDCPA exists.) What do these judges think it's for? DUH?! Note Spears Appeal (last page) Footnote: . . . Like 15 U.S.C §§ 1692g (a) and 1692i, 15 U.S.C. § 1692g (b) is in the nature of a statutory tort which is completed once the debt collector fails to cease his debt collection efforts after receiving written notification that a debtor is disputing the debt but before mailing verification of the debt to the debtor. See Blakemore, 895 F. Supp. at 984. As discussed previously, an FDCPA claim "has nothing to do with whether the underlying debt is valid. An FDCPA claim concerns the method of collecting the debt. It does not arise out of the transaction creating the debt [.]" Azar, 874 F. Supp. at 1318. Footnote: See 15 U.S.C. § 1692k (governing civil liability under the Act). Your Honor . . . PUT "THAT" IN YOUR PIPE AN SMOKE IT. ) Keller
Re: details of my lawsuit today - l Kelly, I meant to tell you also, YOU DID GREAT!! Your case sounds similar to some of mine and although RMA is FIRST IN LINE. . .Discover is NEXT on my list, along with GREAT LAKES BUREAU who is collecting for Discover. I want to bring them to court together. I have a SURPRISE for "both" of them! GREAT LAKES BUREAU is used as a 'case law' example of them being "LOSERS" in a case used by the Court of Appeals to reverse the decision. Also, since "that" little bit of juicy information is conveniently available, I will then turn to Discover and try and make them look bad as well concerning TDCA § 392.306. Use of Independent Debt Collector A creditor may not use an independnent debt collector if the creditor has actual knowledge tha the independent debt collector repeatedly or continuously engages in acts or practices that are prohibited by this chapter. Kelly, I wish you the best of luck!!
Re: details of my lawsuit today - l Thanks Keller. My friend is going to court for the same thing. Where can I find the Spears/Brennan Appeal infomration?
Re: details of my lawsuit today - l Dear Kelly, Awesome job! I am slightly cornfused tho. I thought YOU were suing THEM. Is it appropriate for the judge to bring up their assertion that the debt is rightfully yours when they DID NOT file a formal counterclaim? You put THEM on trial. I thought at trial the fact that the debt may or may not be ligit was a moot point in the absence of a counterclaim by the defendant. Am I wrong?
Re: details of my lawsuit today - l Kelly- Maybe for your next suit, if the judge asks if this debt is yours, ask the judge if the defendent has countersued you and if not, the question is irrelevent. I'm no legal guru, but it only makes sense. Or shout whos on trial here! lol
Re: details of my lawsuit today - l Kelly, I can email you the file. Your email isn't turned on, or I would have forwarded it to you. I already emailed it to Charlieslex so I know that the file is easily transferrable. Sometimes my AOL is a pain when attaching files. email me and I'll be happy to forward it to you. KHM, I'm with you you!! What does the fact of whether or not I may or may not have owed the debt when I was involved in an automobile accident and hit by a drunk driver and then was in therapy for almost a year because my neck was broken and my spinal cord was bruised, have to do with the fact that these YAHOOS are BLATANTLY breaking the law and are JERKS?! I swear, I can't believe some of these judges. I think I'll run for JP next term. ) You can all come sue in "MY" court!!! I'd be happy to have you!!!! Keller BTW, I was just playing "Devil's Advocate" above. Seems to be a new 'past time' for me. I need to have a back-up I guess when the poor baseball players are being mistreated and talking about strikes. )
Re: details of my lawsuit today - l Keller, It is entirely apprioate that the judge determine if you rightfully owe the debt. It goes to the issue of damages. If the debt is yours, any damage award is going to be minimal because you are not the injured party. The injured party is whoever didn't get paid. Remeber. damages must be proven and then, the judge has to adjudicate them. You don't automatically say FDCPA violation and where's my $1K. I've been in a lot of courtrooms and I've come to believe that most judges are very conservative by nature. If they believe you owe the debt, a good lawyer can lead them right down that path. They just remind the judge that they need to hear all of the evidence before making a decision and part of the evidence is who owes the money. Actually, what the other sides lawyer loves to hear is an evasive answer to a direct question. You can be sure you'll get to repeat the answer 3 or 4 times just to be sure the judge hears it.
Re: details of my lawsuit today - l keepmine, here's my continuing answer to the judge. "I" am also conservative, and "I" am NOT going to pay someone for something that I do not owe! I do not know if the debt is mine or not! That's why I have been requesting documentation from these companies. In Texas, it is illegal for a debt collector to collect interest, fees, etc. to a debt unless the interest, fees, etc. is expressly authorized by the agreement creating the original debt or obligation. I don't make it a habit of keeping my original credit card contracts, especially if I apply "online". I am sure that the judge can relate to that fact. I think what we need to clarify to these judges is (1) We are suing under the FDCPA. That has to do with the laws regarding debt collection and NOT who owes the debt. It was designed specifically for consumers who owe debts protecting them from illegal, unfair, unconscionable, etc. means of debt collectors collecting debts. (2) We may be suing under the FCRA in which case the ORIGINAL CREDITOR and the CRA's are also bound by a law protecting consumers. Keepmine, I know that you are very knowledgable. I want to become more knowledgable as well. These are my understandings. A judge may not make a "personal judgement call" (legally). Matters of FACT, and not OPINIONS are what governs us and therefore a judge cannot rule according to his or her "opinion". I have the law right in front of me and I will make "darn" sure that he/she has a copy in front them, too, with violations HIGHLIGHTED. It is extremely important that we continue to play the "Devil's Advocate" here on this board because we need to know what the other side may present and we need to be ready for rebuttal. A good debate student can argue "both" sides of case and win. I believe this. That's why we see people like OJ Simpson out on the streets. In my case, as far as damages are concerned. I cannot just go out and apply for credit because I am trying to get a Prime Rate for a mortgage in August. So, I cannot get denial letters for my defense without jeopardizing my credit standing on the flip side. I can, however, apply for employment and get turned down. I can take a copy of my credit report with me and get turned down by a friend that owns a company who will write me a letter for my defense. The "DAMAGES" part of the lawsuit has been a "tough one" for me. I still don't understand exactly what all constitutes damages, etc. Hopefully this board will get HOT ON "THAT" TRAIL for those of us who will be going to court concerning these matters. Keller
