Hi, I'm looking for a resource for finding cases that have been entered and won against debt buyers, and even against their representing attornies. Is there some obvious research site or service to find cases filed and won? I want to find precedents for support of a motion to dismiss based on unclean hands. The firms in particular are CACH/Collect America, and a PA in Orlando. Any ideas!! Thanks, mes
Lost is easy. Search for judgments and you will find everything won by a particular creditor in a particular county. Won is hard. Most of the ways to win leave a dwindling paper trail. Voluntarily dismissed? ... there's not going to be a judgment recorded in favor of the defendant. Involuntarily dismissed? Same. Only a case that goes the distance is going to have an actual judgment in the defendant's favor entered in the court file ... but that judgment likely won't be recorded in an official records book, because it likely won't give anything to the defendant that the defendant wants to spend the money to place on public record in order to try to enforce. If the defendant files an unclean hands motion that frightens the plaintiff at all, chances are the plaintiff will take a voluntary dismissal and the court will never rule on it in detail.
Thanks.. I would only assume that CACH/Collect America, and their likes have plenty of violations against them. Just trying to find some official records of them.. Perhaps I can do a FTC search, or whatever gov't entity enforces the fair debt collection act. mes
That's interesting! I have never heard of the "unclean hands" doctrine. I researched it on the internet. I find it very interesting. I am surprised it has not been mentioned on this forum before. Please follow up on your progress.
good luck I searched the federal case database and found that 99% are dismissed before a judgement. Invariably, I would guess, most end up as a negotiated settlement between the parties and one or the other moves for dismissal before they ever get to trial. As I understand it, the judges prefer this over having the two parties duke it out in court.
Exactly what I'd like, a reasonable settlement. Reasonable in that every resource I have have found indicates the debt buyers pay less than 5 cents on the dollar. I spoke to an attorney, he said unsecured debt will sell for .05, whilst secured debt will go for .10-.11. But the idea here is to show them they are not going to have an easy time if they do push this. The only settlement they have offered verbally, is 90% so far! But they were waiting to see if they were going to get a default judgement on me, which they aren't. So it's round two.. and if they don't come up with something good then it's on to filing a motion of discovery.. where i'll ask for the contract between them and the credit card provider, and some proof of what they purchased the debt for. fun fun.. mes
generally... in a negotiation, the person who has (or appears to have) the most time, wins. If you are in it for the long-haul and have that mindset, then that will certainly work in your favor. Good luck!
If you don't have time, then they have something you want, and if they know it, you end up paying for it.
