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Creditors Exchange claims to have a judgment against me – what to do?

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Old 09-15-2009, 06:13 AM
skydivr7673 skydivr7673 is online now
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Quote:
Originally Posted by mex_31 View Post
Sue them for FDCPA violations, for telling you that you will be arrested, you can't be arrested for a debt!


FALSE... THEY CAN REQUEST A BENCH WARRENT AND THE JUDGE CAN ISSUE IT BUT THEY HAVE TO PROUVE THAT THEY HAVE EXHAUSTED EVRY OPTION.


But yes you can sue for harrasment. By the fdc laws they CANNOT threaten you with legal actions. They can only inform you of what there next course of action will be. If they have no intention of doing such than it becomes harrasment. The best thing i can sudgest is get a digital recorder and start recording the conversations for proof for if they file on you or you sue them. I dont know if you have to inform them that you are recording but i would just in case if you do sue.
mex, youre really beginning to make me believe that you either do not know at all what youre talking about, or that you are here to intentionally spread false information. Here, let me help you out, again.....

A BENCH WARRANT can ONLY be issued by a judge during a court proceeding. Why do you think its called a BENCH warrant, folks? because it is issued AT THE JUDGE'S BENCH. This happens when you are supposed to go to court and you do not appear. Normally, a bench warrant is not seen in civil cases, because the very nature of a civil case means that it is not a criminal matter. Typically, if you dont show up for court in a civil matter, the judge finds in favor of the other party instead of issuing a warrant for you. Keep this in mind, the only other way for an arrest warrant to be issued is for the police to get a judge to sign off on one. A BENCH warrant happens because the judge issues it, not because the debt collector gets one done.

One thing to really consider here though, mex, is in your posts. You ALWAYS talk of "personal experience".....let me share with you some of my personal experience. I began working in bail enforcement about 8 years ago. I went to college for criminal justice. And I have helped dozens of people on here and elsewhere to get out from under scavenger debt collectors and illegal debt collection tactics, including numerous court cases. And in all my "personal experience", too many coincidences add up to no coincidence at all. This is the second post from you I have seen just this morning that relates false info along with your "personal experience" to back it up. You claimed elsewhere that a clerk in your office filed a lawsuit against someone, and yet in order for you to work in the kind of office that would be involved in such things, you have incredibly horrible grammar and spelling. What, do you work in the mail room or something?

Bottom line, your "personal experiences" are false. The law simply does not agree with your "personal experiences". Unless, that is, you simply happen to have the repeated misfortune of living and working in a place that throws the law out the window every time you are "personally" involved.....

Quote:
By the fdc laws they CANNOT threaten you with legal actions.
This is, again, false. They CAN inform you that you can be sued. They CAN tell you that they will sue you. They CAN. The only time they cannot is if they threaten to do it and then dont do it. They can tell you ANYTHING as long as they have the legal right to do it and as long as they really intend to do it. Go read the FDCPA for clarification.

Last edited by skydivr7673; 09-15-2009 at 06:15 AM.
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