Re: details of my lawsuit today - l Kelly, Can you amend your complaint and sue for big bux this time? Request a summery judgement? Go get em, B
Re: details of my lawsuit today - l Butch, I'm not sure if I can amend it again. The last judge already amended it to say violation of FCRA, and not FDCPA. What is a judgment summary? Kelly
Re: details of my lawsuit today - l If this was an appeal that was granted and, a new trial date set, the judge won't grant a motion for a hearing on a summary judgement. What grounds did Discover base the appeal? Is the case still being handled by the orginal judge?
Re: details of my lawsuit today - l In California, the defendant can apparently appeal any small claims case ruling. It says you will be appointed a new judge. The court doc says no reason for the appeal. But thats fine with me. The new evidence I've found is overwhelming. They admitted to knowing the law, but did nothing about it. Kelly
Re: details of my lawsuit today - l A summery Judgment is asking a judge to side with you based upon undisputed facts. You're asking him/her to decide without the trial. B.
Re: details of my lawsuit today - l Hi all, I just got a letter today from the court saying that Discover has dropped their appeal. A few weeks ago, I sent them a letter about the FTC opinion letter regarding sec 623(a)(3) that I was bringing to court, and they subsequently folded. So I won a whopping $128 for them not reporting my debt as disputed. This moral victory concludes my credit repair journey. 10 out of 11 derogs (mostly charge-offs) removed. Discover will stay on the report for 2 more years, but I got the bragging rights and a 2002 Audi! Kelly
Re: details of my lawsuit today - l The important thing is you won. Congrats on the victory. You still have one thing left to do. You need to report the judgment to Dunn and Bradstreet and the 3 stooges. LOL
Re: details of my lawsuit today - l LOL LKH ) Do the Curley shuffle. Nice work Kelly! It's not the size of the settlement that counts, its the victory. Congratulations. Curious though, how did they arrive at $128? -Peace, Dave
Re: details of my lawsuit today - l Congrats. I may be going by way of court here really soon. Can someone explain this? 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. I have a CA for a hospital on 8 violations. IS this saying if I go to the hospital and present them the evidence that the CA is breaking the law that they must take back the alleged debt?
Re: details of my lawsuit today - l Since they always put any public record (even if you win in court) on your credit report as a negative, I can't help but be curious - have they done that in these cases??? <snicker>
Re: details of my lawsuit today - l IS this saying if I go to the hospital and present them the evidence that the CA is breaking the law that they must take back the alleged debt? picantel ================ They better or you can sue them also. Remember they can take it back and give it to another CA.
Re: details of my lawsuit today - l Breeze, I haven't seen anything on my report about the cases, but 9 of the 11 settled out of court, then one collection agency lost and I signed a form saying I would drop the judgement in exchange for removal. Since I did win against Discover and we never came to any agreement, it may show up on my credit report I guess. But since I was suing them and not being sued by them, I don't see how it would show up. It wasn't a collection account, just a charge-off, which isn't public record. I doubt Discover would go reporting to the CRA's that they lost a case. They arrived at $128 by $100 for the violation, and $28 for my filing fees. Kelly
Re: details of my lawsuit today - l They routinely put any court record on as a derog, even if you win. That's what I was referring to.
Re: details of my lawsuit today - l Maybe this would be a good place to include that 100 word statement. Could be very short .. like ... "I sued them and beat their butt".
Re: details of my lawsuit today - l 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. ============================== What does TDCA stand for?
Re: details of my lawsuit today - l Breeze says: Since they always put any public record (even if you win in court) on your credit report as a negative, I can't help but be curious - have they done that in these cases??? =============================== Doses this include non credit related Cases? L B 59
Re: details of my lawsuit today - l quote: -------------------------------------------------------------------------------- *Originally posted by breeze They routinely put any court record on as a derog, even if you win. That's what I was referring to. -------------------------------------------------------------------------------- Maybe this would be a good place to include that 100 word statement. Could be very short .. like ... "I sued them and beat their butt". Butch Don't matter wither your the plaintiff or defendant either. I got reported for filing a suit once.
