Re: Re: Re: Re: Re: Re: Please Help... It makes not one iota of difference what they think that counts. In these matters it also makes not one iota of difference what I or anybody else thinks either in reality. The only thing that matters is what Congress has passed into law and what the courts have ruled that the law is. Even FTC opinion letters make no real difference and although they are pretty reliable they are among the first to state that their opinions are only advisory and that it is the courts that rule. So if their so called validation does not meet with what the courts have ruled then who cares? Yes! Most definitely! Give them all the rope you can the better to hang themselves with. Just be sure it is not nylon. We would not want it to stretch any when they hit the end of it.(LOL) Sounds good.
Re: Re: Re: Re: Re: Re: Please Help... Bill Thanks for your help- I know the phone bill copy is not validation- but this CA has been brutal. I do plan on asking my attorney about adding PSE (Utility) into my lawsuit- They left the account in my nine for 6 months- they hired a CA that does not follow the law. it took a complaint filed with the AG- before they even told me what the bill was for. My mortgage has been denied based on recent adverse collection activity (well at the interest rate I wanted)
Re: Re: Re: Re: Re: Re: Re: Please Help... You wanna bet? A friend of mine was sued a couple of months ago by 1 ca for 2 different things in the same suit, they won. One bill was a hospital bill, the other for the local clinic. They got 1 judgment and are collecting every penny of it.
Re: Re: Re: Re: Re: Re: Re: Please Help... Do I want to bet? Well you just stop and think about it. If they lump them together and sue for one lump sum and you file motion to vacate void judgment for failure to prove the debt then just how is it that they proved the debt if they just lumped them together? And who was the affiant? The Lawyer or one of the two debtors or did they get each of them to swear that they had first hand knowledge of the debt? If the lawyer was the affiant and he stood up and stated that the debt was owed and how much it was then that cooked the goose right there. An attorne may not give testimony and pursue the case on behalf of his client. (Trinsey v. Pagliaro). If only one affiant was present then which debt was it he was swearing that he had first hand knowledge of? I'll grant you it can be done and also that it is done. I know of one case where the attorney had 11 debtors listed in one lawsuit against the defendant and got his judgment. He didn't keep it for too long however. So before you want to bet you just might want to be sure he could do it legally. Just because he did it don't mean all that much in reality. If he missed the boat somewhere along the line and your friend is paying then its simply because the lawyer counted on your friend not knowing the law and obviously he was right.
Re: Re: Re: Re: Re: Re: Re: Please Help... I think that the CA feels by sending the copy of the phone bill - that they have validated the debt already sunshine71 ================== And What they say think or do goes rite? The END ************************* LB 59
Re: Re: Re: Re: Re: Re: Re: Re: Please Help... hmmm... Let's see, my friend may not know the law, but that would mean the judge didn't either, because she sure rendered judgment even after my friend denied the claim. And no grounds to vacate. So I don't know where you are are, but yea, I'll bet in a second, where I am, because I was there and saw them obtain 1 judgment for 2 debts, and it was not an attorney, as I stated earlier, it was a ca.
Re: Re: Re: Re: Re: Re: Re: Re: Please Help... Not necessarily. There are an untold number of cases where judges who, beyond any shadow of a doubt, knew the law but had cases overturned on appeal for the simple reason that they made some judicial error. It is my understanding that one cannot appeal the decision of a judge. It is my understanding that if one wishes to file appeal it must be on the grounds of judicial error and not because the appellant didn't like the decision or felt that it was unjust. That is not at all unusual as far as I know. Seems to me to be fairly common. I see. Did you or a qualified legal professional look over the court certified copies of all paperwork in the case and attempt to decide whether or not any of the 22 reasons why a judgment might be void could be raised? I see. So in your state collection agencies not barred have the right to represent their clients before a court of law?? How interesting. It seems to me that you may have taught me something new. I was unaware that an American state existed in which a non-barred person could represent another for hire before a court of law. Or am I missing something here?
