Need Advice, suit filed, not been served yet

Okay well CACH DEFINITELY DOES SEWER SERVICE.. DO a search on them and you will say how bad this outfit is. IME they never have anything to prove thier case, and most times they only go to court so they an get defaults so don't let them get one! Who were the other CA's before them?CAPITAL MANAGMENT? LVNV FUndings?? They are all in cahoots witho one another and are usually the same company only different names.They keep changing their names a lot.. Probably one in the same me thinks. Woofer

 

I was SHOCKED as well when the poster said they had that! Ditto what Dumb Bob wrote. : ) Woofer

 

As a practical rule of thumb, your defense will always lose. That's not to say that there is never a defense because that wouldn't be true, but it is true as a sort of rule of thumb to go by. So why bother with a defense and since it seems that you truly don't have a viable defense then why defend at all?

Now then, that's not to say you can't keep them from getting a judgment. It merely says that since you don't have a defense then you need to go on the offensive instead. A defense will lose but a strong offense might just keep the wolf away from the door.

So what can you do in the way of putting up a strong offense? You say they have a copy of the original agreement but who says that it is a true and correct copy? Is there an affidavit from the person who copied the agreement certifying that it is a true and correct copy of the original? Of course not. So can you copy your car title and use it instead of the original to sell the car? Can you make a copy of your drivers license and use that the next time the cop stops you? Can you blow up a $20 bill and go eat supper with it? I dont think so. Why not? If copies are good enough why can't I sell my car with a copy of the title? If copies are good enough why can't I eat supper with a copy of a $20 bill? And what about that copy of the agreement? Can you read each and every word of it? If not then it isn't a valid copy of the original or if it is then the original must not be readable either.

Is there an affidavit of any kind in their pleadings? If so, who is the notary and what state and county is the notary a resident of? And who is the person making the affidavit if there is one? If there is no affidavit before the court and there is no reliable evidence before the court then there is no case. A motion for summary judgment against the plaintiff might be in order.

And was the summons and complaint the first communication from the attorney? If so then you might want to demand validation. If you demand validation and the attorney moves forward with any additional collection activity you have a federal case against the attorney.

Lots of ways to win if you go at it correctly.

 

You might get two free copies at your door at any time, still it's probably worth it to spend a few bucks to get a copy of everything early so you can use the extra time productively.

Dumb Bob believes that it's just relevant portions. But it should be the actual contract terms that you supposedly agreed to. Note that this argument isn't easy to make unless your name is E. Allan Farnsworth.

You might consider looking at all the dates. Do they make sense given the claimed transfers, the SOL and the date of last payment? Look at the text and copyright date of the contract and compare it to the rest of the material. Does it make sense?

 

The internet is a VERY amazing and helpful tool. Just 48 hours ago you were about to bend over ; ) Did you read up on your JDB? ANyway yes I would DV right now. Dumb Bob put a post in on how to write one very succinctly Woofer

 

Have you actually been sued? When you checked with the courthouse, was there an actual suit filed?

If so, it's too late for a validation letter. You need to get your information through discovery.

If you haven't been served, just a simple letter stating that you dispute the debt and request validation--proof that it's yours and how they arrived at the amount. Then put in a statement that it is inconvenient for you to receive calls at any time at any number, and further correspondence should be in writing. The word inconvenient is important in this statement.

 

Well no wonder as DUMB WOOFER thought it was DUMB BOB instead of cc bob!!! Here it is... Posted by woofer I need to do a dv for a friend and its been so long so wanted to share this with you and critique it for me please... Received your letter dated yada yada and received yada yada concerning account number XXXXXX I am requesting validation of this alleged debt and this is not a refusal to pay this alleged debt but my rights to have you validate under FDCPA.. Please notify me only by USPS as telephone calls are inconvenient. Good ,bad what did I miss or should not put in? Thanks guys. cc bob wrote... That'll probably work but it's a bit wordy for my taste. I like it short & sweet: RE: your account # XYZ123ABC 1. I dispute this debt in its entirety. 2. I request verification pursuant to the FDCPA. 3. It is inconvenient for me to receive telephone calls about this debt at any time and at any number. 4. Please send all correspondence about this debt in writing to the following address. Your Name Here. I also add the certified mail number to the bottom of the letter.

 

It may have some value to show you disputed the claimed debt, see Account Stated. But by itself, it doesn't seem like something that would change the outcome.

 

Often what they will do is include an affidavit by some mysterious person who claims to have the personal knowledge to get those documents admitted as "business records". This will be used in either their default judgment attempt (if the defendant doesn't appear and answer) or their summary judgment attempt (if the defendant does appear and answer).

So to avoid a default, a defendant must appear and answer (or otherwise force the other side to clarify its position). To survive a summary judgment, a defendant must:

Summary judgment - Wikipedia, the free encyclopedia

Obviously you'll not want to take the word of Dumb Bob or Wikipedia on this, but will rather read your court's rules. This is often Rule 56 but it varies as some states don't follow the federal standard numbering scheme.

Most often at these hearings, it would seem that the defendants lack any representation and don't realize that they need to produce their side of the story in written form, especially the affidavits.

 

Most defendants in these sorts of cases don't and get a default judgment against them.

The court may allow argument, which would ordinarily be attorneys going back and forth explaining why their side is right and the other side isn't. That is unlikely for testimony, at a summary judgment hearing. Maybe, sometimes, but don't count on it.

The point of a summary judgment is to avoid trial. If the court starts taking testimony, than it is starting to act like a trial, albeit still not considering the weight to afford to specific testimony. If the materials are written beforehand, the court can consider them beforehand.

Writing is probably to a pro se's advantage because under the stress of being before a judge, a defendant on his own isn't likely to remember everything he wished he could.

Dumb Bob would always expect almost anything to happen. This is why he'd probably look into using discovery to try to lock down what they present. By asking for all materials that will be used by the Plaintiff, both explicitly and those that are just referred to, a defendant can try to get at what's being used against him. But don't count on them providing things like the supposed document that says they own this or that account.

Often they'll send you their requests for discovery and admissions. Emulating how they do it might be helpful. But to get anything of value from the other side will require that the defendant do everything very carefully.

 

Well many of us cannot find the time or have the stamina to win a case on their own. I don't think your lawyer is going to have this disappear most likely, but I think he will be able to negotiate to get this to go away for a few thousand max. The JDB that has your account does not want to go up against another in court. as they never have anything to show that you owe them that will be proof. They feed on people that default. Good luck to you! Woofer

 

Where is the contract? The answer to that question is, "We don't need no stinking contract. You obviously applied for the card and by your use of the card you agreed to the terms and conditions of the contract no matter what they may have been at the time the card was issued as well as any other terms and conditions imposed by the plaintiff after the card was issued. "

The horrible truth is that the only question before the court is whether or not the defendant owes the money and if not why not. Any attempts to shift the burden of proof to the plaintiff will usually be met with judicial disdain. While there are ways to take the judge to the wailing wall doing so takes a great deal more fortitude than most defendants have. One lady I know tried it and ended up spending a year in county jail. Her mistake was filing a lawsuit against the judge.

She did get a fringe benefit out of the ordeal however. She lost 40 pounds in the process and since she weighed well over 200 pounds when she went in, the loss of 40 pounds didn't hurt her all that much.

Fighting the judge don't get the job done. Filing a federal lawsuit against the lawyer and maybe against the plaintiff as well almost always gets the job done. Once your case gets to the Rule 25(f) stage the lawyer and the former plaintiff get religion very quickly.