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Author Topic:   So, I'm being sued....and need some answers!
cherful24
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Posts: 1678
From: chicago, il
Registered: Mar 2012

posted March 24, 2014 12:13 AM     Click Here to See the Profile for cherful24     Edit/Delete Message   Reply w/Quote
I have a debt collector suing me. I just got the letter to appear in court on April 1.

I do not know how for how much or who the orginal creditor was, that info was not provided.

I guess they tried to serve me the papers several times in the past few months, but I live in a building with no entry to non residents so they were not successful. I think the amount is around $1,000

couple of questions...

1. should I appear in court on April 1st?
2. should I contact jason who is an ex, but still a friend and he happens to be a lawyer...he practices a different type thought, but would he help me?
3. how does this look for me

4. anything else I need to know

ugh!!!!!!!!!!!!!!!!!!!!!!!

man its been a ****** year!

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LoadedPistil
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Posts: 1024
From: NJ, USA
Registered: Feb 2014

posted March 24, 2014 12:24 AM     Click Here to See the Profile for LoadedPistil     Edit/Delete Message   Reply w/Quote
Personal advice:

Yes. Appear in court. They want to settle, not go to trial. They'd have to stay late and $1000 is not worth the Lawyer's rate. They'll take a small monthly payment of $30 if you go. They do not want trial.

If the original creditor was not on the suit filed, it is improper in which case you should not settle, but see the judge and have the case dismissed without prejudice due to frivolous accusations. (I doubt they made a stupid mistake like this, but Saturn is in retrograde) Then, they'd have to re-file and start the process again. They have to tell you what you're being accused of. That's the constitution. Without proper filing of suit, you can't defend yourself and you have the right to due process.

If you were not served properly, again. Dismissed without prejudice.
If you don't appear, judgement for the full amount will be entered against you.
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beenylove
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From:
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posted March 24, 2014 12:27 AM     Click Here to See the Profile for beenylove     Edit/Delete Message   Reply w/Quote
I got a definitely YES for appearing in court..As for contacting your ex, I think you will get good advice from him and tell you how to go about this, so I see no harm. I also think this is less harmful / scary than it seems.

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LostTaurus
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Posts: 878
From: Conway, AR, USA
Registered: Jan 2014

posted March 24, 2014 12:33 AM     Click Here to See the Profile for LostTaurus     Edit/Delete Message   Reply w/Quote
quote:
Originally posted by LoadedPistil:
Personal advice:

Yes. Appear in court. They want to settle, not go to trial. They'd have to stay late and $1000 is not worth the Lawyer's rate. They'll take a small monthly payment of $30 if you go. They do not want trial.

If the original creditor was not on the suit filed, it is improper in which case you should not settle, but see the judge and have the case dismissed without prejudice due to frivolous accusations. (I doubt they made a stupid mistake like this, but Saturn is in retrograde) Then, they'd have to re-file and start the process again. They have to tell you what you're being accused of. That's the constitution. Without proper filing of suit, you can't defend yourself and you have the right to due process.

If you were not served properly, again. Dismissed without prejudice.
If you don't appear, judgement for the full amount will be entered against you.


LP is ABSOLUTELY RIGHT - I was a legal specialist for a number of years in creditor representation bankruptcy and foreclosure. Appear or they will get a Default Judgment, which will likely allow garnishment of your paycheck, bank accounts, whatever they can get their hands on. Ask for Dismissal without Prejudice, just like LP says - the creditor suing you now bought this debt for literally PENNIES on the dollar, their collection practices are very likely predatory, and the patience of many judges are wearing VERY THIN with regard to their barely-defensible practices in general. The judge will likely dismiss, the debt collector will turn around and sell the debt to yet another collector. Keep and find a form for Dismissal without Prejudice, change the name every single time the new collector files, then file your appeal for dismissal.

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LoadedPistil
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Posts: 1024
From: NJ, USA
Registered: Feb 2014

posted March 24, 2014 12:38 AM     Click Here to See the Profile for LoadedPistil     Edit/Delete Message   Reply w/Quote
quote:
Originally posted by LostTaurus:
LP is ABSOLUTELY RIGHT - I was a legal specialist for a number of years in creditor representation bankruptcy and foreclosure. Appear or they will get a Default Judgment, which will likely allow garnishment of your paycheck, bank accounts, whatever they can get their hands on. Ask for Dismissal without Prejudice, just like LP says - the creditor suing you now bought this debt for literally PENNIES on the dollar, their collection practices are very likely predatory, and the patience of many judges are wearing VERY THIN with regard to their barely-defensible practices in general. The judge will likely dismiss, the debt collector will turn around and sell the debt to yet another collector. Keep and find a form for Dismissal without Prejudice, change the name every single time the new collector files, then file your appeal for dismissal.

I refuse to pull cards on this. This is no more scary than a traffic ticket. No turn on red or some dumb nonsense. 😒✋

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LostTaurus
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From: Conway, AR, USA
Registered: Jan 2014

posted March 24, 2014 12:45 AM     Click Here to See the Profile for LostTaurus     Edit/Delete Message   Reply w/Quote
quote:
Originally posted by LoadedPistil:
I refuse to pull cards on this. This is no more scary than a traffic ticket. No turn on red or some dumb nonsense. 😒✋


Exactly.

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Randall
Webmaster

Posts: 39330
From: Saturn next to Charmainec
Registered: Apr 2009

posted March 24, 2014 01:35 PM     Click Here to See the Profile for Randall     Edit/Delete Message   Reply w/Quote
Can you post exactly what the letter said?

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cherful24
Knowflake

Posts: 1678
From: chicago, il
Registered: Mar 2012

posted March 24, 2014 02:11 PM     Click Here to See the Profile for cherful24     Edit/Delete Message   Reply w/Quote
Thanks all!

like years ago I put all my debts into a collection management and that has been paid off for like 3 years now...so perhaps this debt (even though I have no idea what debt as it doesnt' say) was not counted in, for whatever reason.

I pasted the letter

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LostTaurus
Knowflake

Posts: 878
From: Conway, AR, USA
Registered: Jan 2014

posted March 24, 2014 02:23 PM     Click Here to See the Profile for LostTaurus     Edit/Delete Message   Reply w/Quote
They're just trying to serve you at this point. They think you're running from them, so they're appealing to the courts for service without physical contact so that they can then file suit and make it an official process.

Yes, appear. Accept service.

EDIT: Ask for proof of _original creditor_ information with a thirty day compliance window. It's likely they won't even have it, in which case you can file for Dismissal with Prejudice for Frivolous Suit based on Plaintiff's lack of verifiable interest. If they do, then file a Request for Dismissal without Prejudice based on the age of the debt and Defendant's inability to pay (be prepared to provide proof of your expeditures) with the court.

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LoadedPistil
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Posts: 1024
From: NJ, USA
Registered: Feb 2014

posted March 24, 2014 02:37 PM     Click Here to See the Profile for LoadedPistil     Edit/Delete Message   Reply w/Quote
This is a motion being filed to get you to come to court so they can serve you properly. GO TO COURT. You'll find out what this us about then. I see LostTaurus responded, but I didn't read.
Once you're served, you can file an answer in response to the complaint. At that point, you should ask for legal council or bug one of us for defenses depending on the complaint. It'll probably be a year before this is over. Again. No panic.

ETA: do what LostTaurus said. File a motion for discovery. Pick up the paperwork while you're in court. Take some cash with you. Motion for Discover might cost a few dollars and you may be able to fill it out while you're there. Although, I wouldn't fill it out right away if it's a large sun and you can't pay. Draw out the process. Wait til the last week to file an answer and THEN start your motion for discovery.


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cherful24
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Posts: 1678
From: chicago, il
Registered: Mar 2012

posted March 24, 2014 03:09 PM     Click Here to See the Profile for cherful24     Edit/Delete Message   Reply w/Quote
Thanks guys!!

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Randall
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From: Saturn next to Charmainec
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posted March 24, 2014 05:01 PM     Click Here to See the Profile for Randall     Edit/Delete Message   Reply w/Quote
They are a well-known third party debt collector (junk debt buyer). They bought your alleged debt for pennies on the dollar. They are trying to serve you. Show up and be served. Then I will give you some affirmative defenses to include in your answer to their complaint. I will also send you an Affidavit to attach, which will make their lives a living hell. It will put them on the defensive and probably force them to drop their suit. Their business model is to sue for the full amount of the debt they bought with added fees and have the Defendant not answer the complaint and then garnish wages. When you fight back, you crash their model. The Affidavit I'm going to give you will force them to obtain a live witness from the original creditor. Right now, they merely used their own Affidavit to tell the court you owe the debt. Once you file yours, it changes the balance of power to your side and nullifies theirs. At that point, without a live witness from the original creditor flying down to be sworn in at trial, they have no case. And, as you can pretty much guess, the original creditor has already shredded any documentation they had on you when they sold the debt. Relax...this is going to be fun. David vs. Goliath. Guess who wins?

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cherful24
Knowflake

Posts: 1678
From: chicago, il
Registered: Mar 2012

posted March 24, 2014 05:07 PM     Click Here to See the Profile for cherful24     Edit/Delete Message   Reply w/Quote
GREAT!!!!!!!!

thanks so much!!

here's my email
btchicago@live.com

quote:
Originally posted by Randall:
They are a well-known third party debt collector (junk debt buyer). They bought your alleged debt for pennies on the dollar. They are trying to serve you. Show up and be served. Then I will give you some affirmative defenses to include in your answer to their complaint. I will also send you an Affidavit to attach, which will make their lives a living hell. It will put them on the defensive and probably force them to drop their suit. Their business model is to sue for the full amount of the debt they bought with added fees and have the Defendant not answer the complaint and then garnish wages. When you fight back, you crash their model. The Affidavit I'm going to give you will force them to obtain a live witness from the original creditor. Right now, they merely used their own Affidavit to tell the court you owe the debt. Once you file yours, it changes the balance of power to your side and nullifies theirs. At that point, without a live witness from the original creditor flying down to be sworn in at trial, they have no case. And, as you can pretty much guess, the original creditor has already shredded any documentation they had on you when they sold the debt. Relax...this is going to be fun. David vs. Goliath. Guess who wins?

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LoadedPistil
Knowflake

Posts: 1024
From: NJ, USA
Registered: Feb 2014

posted March 24, 2014 05:08 PM     Click Here to See the Profile for LoadedPistil     Edit/Delete Message   Reply w/Quote
This is going to be fun. Popcorn ready!

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Randall
Webmaster

Posts: 39330
From: Saturn next to Charmainec
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posted March 24, 2014 05:08 PM     Click Here to See the Profile for Randall     Edit/Delete Message   Reply w/Quote
If they don't drop your case, then you will file a set of Interrogatories, Requests for Admissions, and Requests for the Production of Documents. That should just about do it. In the mean time, send them a request to validate the debt. They cannot proceed further till they do. It is likely that they will not validate and will still sue you. Then you have them. That's a federal suit you can file against them. You won't have any trouble finding an FDCPA attorney to file it at no charge, because the attorney's fees will be paid by the debt buyer. Then, they will forgive your debt, remove it off your credit report, and pay you $1,000 to settle (mutual dismissal), and many states also have a state law that mirrors the FDCPA, where you get treble (triple) for damages. So, you will sue in federal court for $3,000 and settle around $2,500 (plus your attorney's fees).

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LostTaurus
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Posts: 878
From: Conway, AR, USA
Registered: Jan 2014

posted March 24, 2014 05:12 PM     Click Here to See the Profile for LostTaurus     Edit/Delete Message   Reply w/Quote
quote:
Originally posted by Randall:
They are a well-known third party debt collector (junk debt buyer). They bought your alleged debt for pennies on the dollar. They are trying to serve you. Show up and be served. Then I will give you some affirmative defenses to include in your answer to their complaint. I will also send you an Affidavit to attach, which will make their lives a living hell. It will put them on the defensive and probably force them to drop their suit. Their business model is to sue for the full amount of the debt they bought with added fees and have the Defendant not answer the complaint and then garnish wages. When you fight back, you crash their model. The Affidavit I'm going to give you will force them to obtain a live witness from the original creditor. Right now, they merely used their own Affidavit to tell the court you owe the debt. Once you file yours, it changes the balance of power to your side and nullifies theirs. At that point, without a live witness from the original creditor flying down to be sworn in at trial, they have no case. And, as you can pretty much guess, the original creditor has already shredded any documentation they had on you when they sold the debt. Relax...this is going to be fun. David vs. Goliath. Guess who wins?

NNNICE!!!

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cherful24
Knowflake

Posts: 1678
From: chicago, il
Registered: Mar 2012

posted March 24, 2014 05:20 PM     Click Here to See the Profile for cherful24     Edit/Delete Message   Reply w/Quote
Ok, do I do this part before, at or after I show up

"Then I will give you some affirmative defenses to include in your answer to their complaint. I will also send you an Affidavit to attach"


quote:
Originally posted by Randall:
They are a well-known third party debt collector (junk debt buyer). They bought your alleged debt for pennies on the dollar. They are trying to serve you. Show up and be served. Then I will give you some affirmative defenses to include in your answer to their complaint. I will also send you an Affidavit to attach, which will make their lives a living hell. It will put them on the defensive and probably force them to drop their suit. Their business model is to sue for the full amount of the debt they bought with added fees and have the Defendant not answer the complaint and then garnish wages. When you fight back, you crash their model. The Affidavit I'm going to give you will force them to obtain a live witness from the original creditor. Right now, they merely used their own Affidavit to tell the court you owe the debt. Once you file yours, it changes the balance of power to your side and nullifies theirs. At that point, without a live witness from the original creditor flying down to be sworn in at trial, they have no case. And, as you can pretty much guess, the original creditor has already shredded any documentation they had on you when they sold the debt. Relax...this is going to be fun. David vs. Goliath. Guess who wins?

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LoadedPistil
Knowflake

Posts: 1024
From: NJ, USA
Registered: Feb 2014

posted March 24, 2014 06:56 PM     Click Here to See the Profile for LoadedPistil     Edit/Delete Message   Reply w/Quote
quote:
Originally posted by cherful24:
Ok, do I do this part before, at or after I show up

"Then I will give you some affirmative defenses to include in your answer to their complaint. I will also send you an Affidavit to attach"




After. You have to receive the complaint first. Then you have something like 21-45 days to file an answer. I'm not privy to Chicago, but that's customary. You will file your answer and/or interrogatories in the given time.


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LostTaurus
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Posts: 878
From: Conway, AR, USA
Registered: Jan 2014

posted March 24, 2014 07:09 PM     Click Here to See the Profile for LostTaurus     Edit/Delete Message   Reply w/Quote
quote:
Originally posted by Randall:
If they don't drop your case, then you will file a set of Interrogatories, Requests for Admissions, and Requests for the Production of Documents. That should just about do it. In the mean time, send them a request to validate the debt. They cannot proceed further till they do. It is likely that they will not validate and will still sue you. Then you have them. That's a federal suit you can file against them. You won't have any trouble finding an FDCPA attorney to file it at no charge, because the attorney's fees will be paid by the debt buyer. Then, they will forgive your debt, remove it off your credit report, and pay you $1,000 to settle (mutual dismissal), and many states also have a state law that mirrors the FDCPA, where you get treble (triple) for damages. So, you will sue in federal court for $3,000 and settle around $2,500 (plus your attorney's fees).

LOVE. IT.

I absolutely DETESTED what I did professionally in such a soul-sucking, bottom-feeding industry but was a single mom who had to put my kiddo first - truth is, I'd have probably slept sounder being a stripper (no, for real). I love, Love, LOVE to see that reasonable consumer recourse is evolving since my departure from this God-forsaken field! YAAAAYYYY RANDALL!!!

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Randall
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Posts: 39330
From: Saturn next to Charmainec
Registered: Apr 2009

posted March 24, 2014 10:26 PM     Click Here to See the Profile for Randall     Edit/Delete Message   Reply w/Quote
When you get your summons, check and see if the debt was included in your counseling agreement. If so, that is a great defense. If not, see if the statute of limitations has expired starting from the date you were first late. Also a great defense. The SOL clock restarts if it was included in a payback agreement. I have a list of other defenses you will use, but start with investigating those two issues first.

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LoadedPistil
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Posts: 1024
From: NJ, USA
Registered: Feb 2014

posted March 24, 2014 10:57 PM     Click Here to See the Profile for LoadedPistil     Edit/Delete Message   Reply w/Quote
Make sure you check statute of lilitations in Illinois. Banking laws are lax in a few states, especially Delware that allow that clock to reset when the debit is sold.

Yada yada. Don't worry about this now. *waves hand*
Go get the complaint and bring it back to us.

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Randall
Webmaster

Posts: 39330
From: Saturn next to Charmainec
Registered: Apr 2009

posted March 28, 2014 12:21 PM     Click Here to See the Profile for Randall     Edit/Delete Message   Reply w/Quote
Bumping this, so we can keep our eyes on it.

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cherful24
Knowflake

Posts: 1678
From: chicago, il
Registered: Mar 2012

posted April 19, 2014 07:40 PM     Click Here to See the Profile for cherful24     Edit/Delete Message   Reply w/Quote
so I went to court and basically I had agreed for them to mail me a copy of the complaint.

so I got that complaint in the mail and a copy of the debt contact. so the affidavit has my name on it however the summary of the debt actually is for somebody else. It did not have the correct name, address, and ending of the social

so I have a court date in May can I just show up with what they provided me and show them that this is for a different person?

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LoadedPistil
Knowflake

Posts: 1024
From: NJ, USA
Registered: Feb 2014

posted April 19, 2014 08:47 PM     Click Here to See the Profile for LoadedPistil     Edit/Delete Message   Reply w/Quote
File motion for dismissal. Even if you are somehow liable somewhere, the other person would have to have been served. Doesn't matter. Dismissal. 😐✋

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cherful24
Knowflake

Posts: 1678
From: chicago, il
Registered: Mar 2012

posted April 19, 2014 09:03 PM     Click Here to See the Profile for cherful24     Edit/Delete Message   Reply w/Quote
Thanks!!

quote:
Originally posted by LoadedPistil:
[

B]File motion for dismissal. Even if you are somehow liable somewhere, the other person would have to have been served. Doesn't matter. Dismissal. 😐✋

[/B]


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