Dismissal Vacated

Discussion in 'Credit Talk' started by $wealth$, Sep 19, 2002.

  1. $wealth$

    $wealth$ Well-Known Member

    A while ago I wrote about a collection agency attempting to sue me for a debt that is not mine. I made a demand for production of documents to show a signed contract with my signature and receipts to support the amount of their claim. They have not do so.

    On the court date they failed to appear, so the complaint was dismissed. The filed a motion 6 months later to have the dismissal vacated and the judge granted their request.

    To date, they still have not complied with my request for supporting documents. I have exhausted all of my legal-ease and no longer know how to defend myself against this.

    Anyone with experience with this?
     
  2. humblemarc

    humblemarc Well-Known Member

    Have you countersued for violations of the FDCPA? See if they so eager to take you to court with that?

    humblemarc
     
  3. $wealth$

    $wealth$ Well-Known Member

    Because they failed to comply with the request for production of documents...violation of FDCPA?

    I was also told that I could counter sue them for lost time/wages because they did not appear for the original court date. Opinion?
     
  4. humblemarc

    humblemarc Well-Known Member

  5. lbrown59

    lbrown59 Well-Known Member

    On the court date they failed to appear, so the complaint was dismissed. They filed a motion 6 months later to have the dismissal vacated and the judge granted their request.
    $wealth$
    ===========*************---------
    Why is it when a CA fails to show it's dismissed but if we don't show we loose by default?
    BUDGET HOMES CO.
     

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