Sued by CA, need help.

Discussion in 'Credit Talk' started by caseybjone, Apr 12, 2002.

  1. lbrown59

    lbrown59 Well-Known Member

    Unless you are asked if you every done business with them.
     
  2. sweet21510

    sweet21510 Well-Known Member

    No, if you bothered to read my other post, if you show up with receipts, they are NOT going to get their judgement.
     
  3. sweet21510

    sweet21510 Well-Known Member

    Well, I will say there are legitimate cases where people owe money. To just create a bill you have no intention to pay is simply wrong. I think the problem most people have here is CA who have no desire to work with people, who use nasty or illegal tactics, or just create multiple collection entries, or create entries when an account is already paid. I didn't take that many people to court. Those I did had every opportunity to pay their bill, and most of them never had any intention of paying their bill anyways, I'm not necessarily defending CA or CC companies, but in some instances it is quite legitimate to expect people to pay. In many of the cases that I took to court the pet owner wanted us to "Do everything you can for poor fluffy" but when it came time to pay the bill, they weren't so forthcoming. People did come to the court house, but in general a judgement was entered, simply because I had the evidence that they had created the bill (signiture), or they said it was theirs. IF there was a difference in how much they thought they owed, then every effort was made to resolve it.
     
  4. sweet21510

    sweet21510 Well-Known Member

    How would you have receipts? Cancelled checks, or invoices. Bills with '0' listed in the balance due area. It pays to be organized. Most of the time when CAs or anyone else takes someone to court, the money IS or WAS at some point owed. this is not to say it was paid and a mistake was made. You seem to be implying that someone took your name and created a bill, a fraud (which does happen). If this is the case then you take the appropriate measures to resolve the situation.

    IF you initiated the debt, then you owe it, unless you can prove you didn't be that by proving they have a forged contract, or that you paid it, or as you say a breach of contract occured. If you can prove this more power to you. If your just trying to get out of paying a bill you occured, good luck. youd be better off disputing it off your reports and trying the tactics via certified mail that are found here.

    IF I sound like I'm supporting these collection agencies, I'm not. Most use nasty tactics and lies to get what they want, and this is to the debtors advantage if they can demonstrate what they've been up to. But taking the route that "I don't owe the bill" in court when in fact you do doesn't work. It will work as a disputing tactic as many have demonstrated disputing collection accounts on credit reports as 'not mine' because most CA do such a poor job of keeping records that they can't prove it. Obviously removing something like that from your credit takes time and patience.
     
  5. lbrown59

    lbrown59 Well-Known Member

    1*You are not going to have this when you don't pay something you don't owe!

    2*I'm talking about un owed amounts on incorrect bills.Especially when the creditor refuses to make corrections.

     
  6. sweet21510

    sweet21510 Well-Known Member

    PLEASE READ MY POST AND ATTEMPT COMPREHENSION. If you bothered to read through it I address that situation. If you don't owe it, then obviously you can say you don't, and tell the judge you want the CA to show proof, which I will also repeat myself the judge will continue the case and at that point the creditor must supply additional proof. But as I will also say again and for the LAST TIME, most people actually do, or did owe money when they are taken to court. this is why it is so necessary to keep receipts when you pay bills..to prove when the bill is paid when a collector says it is not. I will admit that most people including myself are simply not that organized, and preventing a judgement from a creditor can be an enormous uphill battle
    .........
    It would really help lbrown if you bothered to read and make sense of what was being posted. It would also help if you bothered to elaborate on what you have in mind. As it stands your post is incoherent, what does it mean to have an un-owed amount on an incorrect bill? How about a scenario you have in mind. I never said that everything a CA does is correct and that all people taken to court actually owe money, but the reality is that often people do owe money to a creditor. The problem that the people here are fighting against is CAs don't bother to attempt to work with people and make mistakes, and do things that are illegal, and yes they do attempt to collect on paid accounts and BK accounts.
    AGAIN, keeping good records on what you do and don't owe, and keeping receipts and checking statements can go along way in proving a case.
     
  7. Dancer

    Dancer Well-Known Member

    So don't sugar-coat it Sweet....... What are you trying to say here?

    ;-)

    Dancer
     
  8. sweet21510

    sweet21510 Well-Known Member

    LOL, guess i'm sounding a little huffy....some people you know what i mean....;)
     
  9. Dancer

    Dancer Well-Known Member

    My grandmother use to say that subtlety was wasted on granite.........
     
  10. sweet21510

    sweet21510 Well-Known Member

    your granny was ever so right........
     
  11. sweet21510

    sweet21510 Well-Known Member

    The question is what am i going to do with all these green cards i have in my closet...left over from my days in the post office...they never saw it coming.
     
  12. Dancer

    Dancer Well-Known Member

    If you're talking about coming out of the closet, I don't wanna know..........
     
  13. lbrown59

    lbrown59 Well-Known Member

    I could tell you but I won't.
    This thing about the PO has gone on long enough.
    You all have had your fun but enough is enough and any more than that is to dam much.
    It's time to knock it off and act like adults or is that beyond your ability?
     
  14. lbrown59

    lbrown59 Well-Known Member

    Please stay on topic and keep the po out of this.


    1*You can not prove a bill you don't owe is paid.
    How can I be expected to have a receipt for a bill that I never owed?

    2*Bills containg errors.

    3*ONE EXAMPLE: One is billed $50 for a $17 purchase.
    The $33 is an un owed amount so the bill is incorrect.
    Now back to the question: Why should I be expected to produce a receipt showing that I paid the $33 ????
    ===================================
    I don't care how many times I may have done business with the party or how many signed contracts there may be for that matter; I still don't owe the $33!
     
  15. caseybjone

    caseybjone Well-Known Member

    Yes, if someone creates a bill without any intention of paying it, they suffer form a lack of character. However I have found those type of people to be few and far between, mainly becuase they don't get very far in life. I believe that most people, do mostly good, most of the time.

    Maybe something happened after where they couldn't pay the bill, for whatever reason. Is this cause to go out and ruin their credit and essentially their lives? They can't get a car, they can't get a house, ect. ect. Try having something happen like an automobile accident happen to you. I had medical insurance, but they stopped paying when they found out it was an auto accident. I only had liability on my own car, so I was SOL there, and then the nice people at the doctors office started sending my unpaid bills to collections. Nice, of them to take away the only thing I had left to get through, my credit.

    But they were just doing their job, right? Don't start with the "if you just made a payment", sorry I didn't have enough money to survive let alone spend $5 a month plus postage to appease those who have already recieved most of their money from the insurance company.

    Do what I do, if someone stiffs me I figure he/she had a good reason and I put them in my prayer file. If they come back and explain what happened and offer a reasonable payment plan then I do business with them. I don't make them humiliate themselves, they can come back when they want to. If they don't I generally never see them again, and I have no worries.

    How hard is it for all of us to start acting human again?

    CBJ
     
  16. caseybjone

    caseybjone Well-Known Member

    Exactly! I rented a VCR once at the local vido store. Inside the end of the cord was torn off, and from what they say the inside of the unit was damaged. We never got past the cord, and since it was late when we got to the videos, we didn't go in until the next morning (store 18 miles away).

    They blame us and a week later we get a bill for the repair of the unit in excess of $218. So what, now I'm supposed to pay this? When I don't they give it to Mario and Guido collection agency? They don't bother taking me to court, BECAUSE THEY HAVE NO PROOF. Just a bill.

    Question is how do we go after the original creditor?

    CBJ
     
  17. GEORGE

    GEORGE Well-Known Member

    ????????????????
     
  18. sweet21510

    sweet21510 Well-Known Member

    well, when I was actually doing collection I found these types to be quite common. The scenarios where people lost their jobs, had a run of bad luck never usually made their way to court, but the ones that just walked, well I didn't feel all that sorry for them. A small business cannot survive with a huge unpaid debt load. this is a simple fact and there are a few vets who learned the hard way...by going bankrupt from unpaid debts owed to them. You are certainly welcome to let people owe you money, that is you perogative, and again i will tell you that there are plenty of cases where the CA are just butts, but there are reasons to take people to court to get paid.
     
  19. sweet21510

    sweet21510 Well-Known Member

    You produce the original document that said you only owed the small amount and receipts showing you paid it if you have them. Of course if you had bothered to read my post and thought about it more than the initial knee jerk you would have made notice of the fact that I said if you don't owe the amount you make them prove it, but i am obviously wasting my breath..
     
  20. lbrown59

    lbrown59 Well-Known Member

    1*looks like it needed repaired before you got it.
    They made you the fall guy.
    2*Tell them to cancel the bill now or you are suing them for 218 and cost within 5 days.
    Did you send the CA a Val.letter.?
     

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