Here is what I sent to them with the Motion. I hope we get some hometown brawling outside of the courthouse with attorney hangings and all, Whoop! Buffaloe & Associates 201 4th Avenue North, Suite 1300 Nashville, TN 37129 Tuesday, June 11, 2002 RE: Docket# 45065-48-190 Dear Mr. Buffaloe I have filed a Motion of Dismissal against this case (Docket# 45065-48-190). I have yet to be contacted by anyone from your offices regarding this alleged debt. My numerous attempts at contacting you have been futile; I have been placed on hold for lengthy periods of time; patronized by your office staff that do not listen to what I am saying. I have sent letters to you and they have gone unanswered. Basically, I have disputed this amount with you, Shelbyville Power Company twice and each time, these disputes have been ignored. Since this isnâ??t a major concern for you with the lack of responses, a motion for dismissal has been filed today. Sincerely,
i am confused. did you file or did they file? if you filed, why dismiss? if they didn't contact you before hand, you probably would have won a default judgement or settled the day before (or on) the case was to be heard.
yeah they filed a civil suit saying I owe them money for a power bill, funny thing is I never received a letter from them or anyone else. Pretty funny cause the violations are sick against them and they are supposedly lawyers/collection agency. I called them once they are said It will be 772 plus court costs plus attorney fees. I said Attorney's fees? Are you hiring attorneys outside or you using your attorneys? They said we are attorneys, I repeated Ok So you are going to sue me as a collection agency? Yes. we are. But you say you are Attorneys? Yes thats correct. Then you can't be both. You have to be one or the other. She said, We are both, I refuted, Then you can't charge me attorney's fees. Good day.
I don't want to sue them I just want them to make it right. If I do have to sue, I will once i recieve a rebuttal.
Kiyi, First, yes they can be lawyers and a CA. These are the expensive CA's that ceditors hire when the cheaper CA's fail. Even if they are lawyers, they are a CA and are bound by the FDCPA. The can not proceed with collection actions if you disputed the debt within 30 days of being notified and they have not furnished you with proof of the debt. A proposal to dismiss the suit will probablly fail. The same court will not consider the violation of the FDCPA as a basis to throw out the suit. However, you can counter sue for the violation. It sounds like your only option is to stick to your guns and dispute the item all the way. Make sure if they ask for a summary judgement that you dispute that with the court and demand a hearing.
