Well, I'd have to go back and read the case again to be sure but if memory serves me correctly I think I remember that the judge said he couldn't be sure about whether all of the contract transferred to the JDB or whether only part went with the purchase. Now then, there are quite a few ramifications to be considered. First of, what that that judge did or did not decide probably wouldn't be binding on any other court anywhere. It would be advisory but not binding. So if you used that case cite you would be hoping your judge would go along with it but whether or not s/he does is up to each individual judge. Decisions of lower court judges are not binding on any other judge or court. So there is one flaw in use of that argument. What about the theory that if any part of the contract is declared illegal or not binding the rest shall stand? Many contracts carry such clauses. On the other hand, can a contract be broken up into parts and pieces that way and still stand as a valid contract? That's another consideration. And yet another is if one party breaks the contract he is liable to the other for the resultant damages but if both parties break the contract is the whole contract then null and void or not? Lots of considerations here worth discussing. We have an attorney or two around here. Maybe at least on of them will weigh in and enlighten us.
This is too easy. The more letters they write to me, the deeper the hole they dig. My wife wants to settle this (and find a new hobby), but when they continue to dig their own hole...
Palisades!!! Those jokers were on my CR with an old (2002-3) AT&T Wireless account. A debt validation letter got them off my reports.
I had fun once in court with Palisades... They were not prepared and I won the case... : ) Have been trying though to get them off a credit report on an SOL account they bought and put on my credit reports..No go as of yet so am thinking of suing. Woofer
Out of SOL for suing or for reporting? Obviously if it's for suing but not reporting, they can still report unless you seek show that they don't really have any valid debt or something like that.
UPDATE: Well, I haven't heard from the CA/JDB for a while and they didn't respond to my dispute through the CRA so the collection entry fell off. I have a few months to decide if I want to sue them for a handful of FDCPA and State CP violations or just let them go away quietly (and wait for the next one...). I'm tempted to let them fade away. In researching them, they've filled the civil docket of the county district court with collection suits so I'm not sure. They haven't been to Federal district court for an FDCPA/CP suit for a while, but they go to the district court on a daily basis to file collection suits. I've been reading up on Civil Procedure and the FRCP, but then, is that how I really want to spend my summer (OTOH, it could pay for summer vacation...) Either way, I have about 6 months before the 1-yr FDCPA SOL lapses so, I'll keep pondering.
