Need Advice...Please Help!!!

Discussion in 'Credit Talk' started by lbowman, Aug 13, 2003.

  1. lbowman

    lbowman Well-Known Member

    This is a rather urgent and frustrating matter and I'd love some input from you guys. Here's a brief rundown.

    5/2/03-CA sent a collection notice for $2370.
    5/7/03--I sent DV letter.
    5/13/03-I received collection call.
    5/27/03-Acct added to EQ.
    6/6/03-Started EQ investigation.
    6/11/03-CA pulled hard inquiry.
    6/17/03-CA validated debt. (Did not include "Consumer Disputes" notation).
    7/14/03-Sent estoppel.
    7/16/03-Received so-called proof from CA (Validation consisted of old lease that expired in 2000 (I didnâ??t move out until 5/03; I lived month-to-month) and a breakdown sheet that only totaled $2059 and was from the CA and not my landlord.
    7/18/03-Sent ITS.
    7/18/03-Recâ??d call from CA re: my settlement offer to them of $2500.00. They thought I wanted to pay them!! When I explained that they were the target of the lawsuit, she said she would send the info to their attorney.
    7/25/03-Sent fax to CA acknowledging receipt of old lease, but informed them that they provided insufficient validation and advised them that they have 5 days remaining to settle the account amicably or get the itemized breakdown from my prior landlord.
    7/25/03-Sent complaint to AG.
    7/30/03-Last offer to settle before filing. Also notified them that I had filed a complaint with the AG and BBB.
    8/8/03-Recâ??d letter from attorney stating that he handled the account and the amount due was $2962.54.

    Today: I called the CA to find out if they had sent the account to the attorney. The lady informed me that I was â??a painâ? and that yes, they had sent it to the attorney. In an effort to settle this amicably, I held off on my lawsuit pending the AGâ??s response, but now Iâ??m so peeved, that I want to file today. How should I proceed??

    FYI: I have lots of supporting evidence and violations on them, including the ones above. The violations are also the same for my husband.

  2. Flyingifr

    Flyingifr Well-Known Member

    Wait for the attorney to file suit then counterclaim.
    1: File a General Denial plus a counterclaim against both the CA and teh Landlord
    2: Demand a Jury trial
    3: File a Demand for a Bill of Particulars
    4: File a Demand to Produce Documents and Records
    5: File a Demand for Depositions

    Keep bombarding the other side with Motions and Demands for Evidence and pre-trial Discovery taht their lawyer bill starts to exceed whatever they think they can get out of you. Then offer to settle for, say, ten cents on the dollar. If they refuse the settlement, file a dozen more motions. Then offer five cents on the dollar.

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