Re: details of my lawsuit today - l Keller, I suspect we'll have to agree to disagree on this one. Just keep this in the back of your mind. If the other side shows up, they have a right to defend their position. In other words, they get to shoot back. And, I think you;ll be surprised at just how much latitude a judge will give them if he/she thinks you are evading a question. A little hint. If a judge allows them to ask the same thing 2 or 3 times and doesn't tell them to move on it generally means the judge is buying the argument. When you rebut, you need to repair that testimony as much as possible.
Re: details of my lawsuit today - l keepmine, Believe me, I want to be prepared. If it comes down to me thinking that I am right because of my ignorance. . .well, that won't help me defend myself in court. I want to WIN!! A good debater will bring that issue up FIRST and have a good defense before the "other" party can use it against them. I would probably begin my case with the fact that I have been trying to resolve this issue for the past 8 months and this company will not cooperate. I had some extenuating personal circumstances in my life 6 to 7 years ago and until just recently when I pulled my credit report, thought that I had already taken care of these past issues. Thinking that these companies were and still are mistaken, I have asked them to help me resolve these issues and have only been burdened by their lack of cooperation. I pay my debts. I have always paid my debts, as one can plainly see, "CURRENTLY" and "BEFORE" my extenuating circumstances 6 to 7 years ago. I do not think that I still owe these debts. I especially do not think that I have ever owed what they say I owe. I do not know if they have added fees, interest, or what they have done to arrive at these balances. I am trying to get a mortgage, apply for credit etc. and have needed and tried desperately to get this resolved for months. I have never made it a habit of "sweeping my debts under the rug" as you can plainly see concerning my other credit histories. I do not have 150 negative reports to the BBB like this company does. I have not ever been sued for deceptive business practices like this company has. I have never been investigated by my Attorney General's office nor have I been reprimanded by the FTC like this company has. I am simply a human being, a consumer, trying to do the best that I can for my family and finally get back on my feet after some "hard times". This company has blatantly & illegally prevented me from doing this, and my entire family has suffered greatly from this company's wanton disregard for me and my consumer rights in this country. Tear it up, keepmine. I gotta get it right. Keller )
Re: details of my lawsuit today - l 59 I think what we need to clarify to these judges is Keller | 186 posts ================== What we need is judges than know how to do their jobs.
Re: details of my lawsuit today - l Keller, I turned my email on now. Please send the Spears case details. Thanks
Re: details of my lawsuit today - l Spears v Brennan: http://www.state.in.us/judiciary/opinions/archive/03260101.ewn.html
Re: details of my lawsuit today - l Keller | 180 posts 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 don't blame you - It really gets my nanny for them to try to put the plaintiff on trial. Makes you wanna say excuse me I don't recall getting sued.
Re: details of my lawsuit today - l Hello all, Today I got word from both cases that the judge had needed more time to determine. Well, I won both! Discover and Reliant Recovery were the losers. I won for violation of Section 623(a)(3) of the Fair Credit Reporting Act. I sued for $1,000 but I was only awarded $130 in each case, even though I had been denied credit since. I guess being denied credit after a company fails to report your debt as disputed doesn't hold a lot of weight in court. Anyway, now I will offer them to delete the entry instead of paying me. We'll see what happens, but at least I won and they had to pay for airfare! Turning it around and complaining that the debt was vaild did NOT work for them! Kelly
Re: details of my lawsuit today - l YAAAAAAAAAAAAAAAAAAY Congratulations Kelly!! I had a feeling he would rule in your flavor You're pitching a no hitter. Who is on deck LOL -Peace, Dave
Re: details of my lawsuit today - l Kelly, I am so-o-o-o glad and happy for you!!! It must feel really good to have been the underdog and end up winning like you did!! Don't you wish the judge would have made the decision in court, though? I would have loved to have seen those Big Schmucks' faces when the judge ruled in your favor and I can't imagine anymore gratification that the walk right past them grinning from ear to ear!! Heck, what am I saying?!!! Just finding out that won BOTH, is awesome!!!! Double CONGRATULATIONS!!!!!!!!! KELLER
Re: details of my lawsuit today - l Congratulations kellyscott, I'm sorry you didn't get much $ out of the deal. That probably makes it a hollow victory, but yet a victory. Did the judge not demand deletion of the derogs? Charlie
Re: details of my lawsuit today - l Congratulations!! Isn't that amount statutory? Does the judge really have discretion about the amount?
Re: details of my lawsuit today - l The derogs were not ordered to be removed. I guess because they provided the judge with proof that they were mine. I included with my evidence the section of the acts that shows how much they are liable for. It says up to $1,000 per violation. The judge ruled that Discover was in violation of the FCRA but not the FDCPA!? Discover had some papers in court saying they were immune from the FDCPA and I guess he bought it! Anyways, if they don't remove now, I'm taking Discover back to court for not providing me with proof of the debt for 5 months. It took going to court to get them to show me any proof. They can fly someone out here again! And I'll take Reliant Recovery back to court for violation of the FCRA. Apparently, the judge said that I was only suing them for violation of the FDCPA. Whoever typed it up didn't write that it was for the FCRA as well. We shall see.
Re: details of my lawsuit today - l Kelly, The judge was correct in his ruling that Discover is immune to the FDCPA. That law only pertains to 3rd party collectors, not original creditors. The FCRA pertains to anyone that reports info. Also, the FCBA refers to original creditors.
Re: details of my lawsuit today - l lkh SO you are saying that OC canonly be sued in refrence to fcra concerning not reporting info as disputed. and is this each time they reported or verified? so I f I disputed the account with the original creditor, who was reporting the act, I can sue for 1000 dollars each time they verified to the Cb's with out added account in dipuste. So if I disputed 30n days in a row for four months and they never did add account in dipuste I have 4 x 1000 dollars I can sue for. Under fcra? I have not gotten them to validate sent out two green cards within last two months got back a print out only.
Re: details of my lawsuit today - l I would imagine that each time they failed to mark it as in dispute would be a violation. You also have them for failure to report complete and accurate info, rule 623 of the FCRA.
Re: details of my lawsuit today - l Good luck with suing for $4,000. I had them for not marking it as disputed 5 times during a period of 5 months and was only awarded $128. Apparently, they don't consider each month a new violation. It is all considered one violation and the maximum is any actual damages not to exceed $1,000.
Re: details of my lawsuit today - l Dear Kelly, That's why she should try for 4 grand. Because ya never know what these judges will do. (btw - I think you did a fantastice job even though there wasn't much money to be had).
Re: details of my lawsuit today - l Great job Kelly! Your story has been an inspiration to many. I hope that all of the CA and CRA's that read this board have read this thread. They will see that they will have to start following the law and report accurate information! Hope that the rest of your suits go well!
Re: details of my lawsuit today - l KHM | 1349 posts since Oct 2001 64.12.107.162 | 05.21.2002 @ 06:02 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. khm >> if the judge asks if this debt is yours, So if one is assaulted or a woman is raped the villain gets off the hook if the victim happens to owe them any money!
Re: details of my lawsuit today - l lb, Thanks for the advice, but ALL companies have now settled! Complete removal of all 11 negative entries (mostly charge-offs) from all credit reports! Woo-hoo! Thanks to LizardKing for the motivational posts. Kelly
