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Anyone ever taken CA to court themselves & won?

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munchkin130
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PostPosted: Sat May 03, 2008 9:11 am 

How would you act on your own as a consumer to initiate a suit against a CA, without a lawyer, when they violate FDPCA.

Is it possible to do this without a lawyer & win a settlement? Just curious.....I've actually won a few cases, but only with a lawyers help - so they actually got more $ out of it than I did.

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UnemployedRon

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PostPosted: Sat May 03, 2008 11:53 am 

Hey Muchkin130, check out GoldenBast's thread concerning her fight with LVNV. I believe she took them on without an attorney, and they settled out of court.

http://www.debtconsolidationcare.com/collection-agencies/ordered-docum entation.html

 
goldenbast

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PostPosted: Sat May 03, 2008 10:23 pm 

Yup, it never made it to court..they wanted to settle, so basically I won. You just have to know your rules of civil procedure. Plus, admittedly, Texas has some very distinct collection laws and they are pretty straight forward, no way for a CA to wriggle out. But you can easily sue in small claims yourself.
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PostPosted: Sun May 04, 2008 5:33 am 

Did you sue in small claims court goldenbast or did you file it in a different court?
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munchkin130
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PostPosted: Sun May 04, 2008 5:47 am 

When you say you won, did you win $$, or did you win by getting them to stop bothering you & remove info from your credit report, etc.?
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No Nonsense Collector
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PostPosted: Sun May 04, 2008 8:57 am 

--Anyone ever taken CA to court themselves & won? --

No, because you can't win. You'll just be countersued for what you owe plus numerous additional fees, and you'll lose. You just need to pay up and do it now.

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cajunbulldog
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cajunbulldog
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PostPosted: Sun May 04, 2008 9:08 am 

Laughing Laughing @ nononsense. I could show you the hundreds of cases country wide but it costs me $.08 per page.Willing to foot the bill for my proof?
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http://www.ftc.gov/os/statutes/fdcpa/fdcpact.htm#809
http://www.ftc.gov/os/statutes/fcrajump.shtm
http://www.debtconsolidationcare.com/forums/about216.html
Use this letter to protect your rights under the FDCPA
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UnemployedRon

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PostPosted: Sun May 04, 2008 10:16 am 

LOL!

CajunBullDog, save your $.08 a page, No Nonsense probably couldn't even read or comprehend what you sent him and he would likely try and skip out on paying that bill. Then you would have to get a CA to go after him for it.

No Nonsense Collector, your screen name should actually be "Know-Nothing Half-Witted Dullard." As I imagine your IQ is probably not much higher than that of a Chimpanzee, and I feel like I'm insulting the Chimp in question when I say that.

For your information I sued a CA also. They settled out of court as they knew I would be able to get a hell of a lot more, plus they would be made to look like the extortionist criminals that they are, if it did go to trial. I did have an attorney representing me; however, I'm sure I could very well have done it without one, as the FDCPA violations were extremely well documented.

And no, they didn't counter-sue for what I owed plus additional fees. And, believe it or not, I eventually didn't have to pay what they claimed I owed, from my own pocket, on the debt in question. What I settled for with the CA more than took care of that for me.

I'm actually getting ramped up to sue another CA for completely ignoring a debt validation/partial cease and desist letter.

So the CA's that do violate the FDCPA need to watch out, they'll be the ones eventually owing the debts they are breaking the law and harassing the people they are trying to collect from.

 
munchkin130
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PostPosted: Sun May 04, 2008 11:39 am 

Nice try No Nonsense/Collector in disguise.

Did you not read that my origina post said I have won against CA's??

Let me elaborate. I've won 3 cases against pompous idiots like you - the last one resulted in me getting $2,500 due to a serious violation.

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goldenbast

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PostPosted: Sun May 04, 2008 9:30 pm 

I settled for a monetary award that I can't now name (but I named it before I signed the papers if you go look at my LVNV thread). Plus the permanent stop on all collections and removal from all the CRAs.

NNC is a broken record and not even worth any more responses, I swear he/she/it never even reads any responses, just posts willy nilly.

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Bud-sc
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PostPosted: Mon May 05, 2008 6:02 pm 

I have a friend who wages were being garnished in this state(SC) and this is a non-garnishment state there were taking out $50 a week for 4 months.She got her money back and plus $1000!!!The best part was the Judge caught the CA lawyer in a big lie which landed him 30 days in the county jail!!!!!
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Shazzers
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PostPosted: Mon May 05, 2008 6:05 pm 

Bud-sc:
Code:
I have a friend who wages were being garnished in this state(SC) and this is a non-garnishment state there were taking out $50 a week for 4 months.She got her money back and plus $1000!!!The best part was the Judge caught the CA lawyer in a big lie which landed him 30 days in the county jail!!!!!


Whoa, seriously?!!

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JCEMT
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PostPosted: Mon May 05, 2008 7:09 pm 

If he lied to a judge while giving testimony on behalf of his/her client it would be perjury. Or he may have been held in contempt of court.
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No Nonsense Collector
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PostPosted: Tue May 06, 2008 6:01 am 

If somebody says they won, they are lying. The only thing sueing a collector will accomplish is adding a ton more fees that you will have to pay.

You just need to suck it up and pay what you owe. You don't have a choice.

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cajunbulldog
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PostPosted: Tue May 06, 2008 6:03 am 

Laughing Laughing Your lines are really old & untrue.
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Cajunbulldog
Keeping an eye out for consumers.
http://www.ftc.gov/os/statutes/fdcpa/fdcpact.htm#809
http://www.ftc.gov/os/statutes/fcrajump.shtm
http://www.debtconsolidationcare.com/forums/about216.html
Use this letter to protect your rights under the FDCPA
11-23-07 Fico EQ 762 EX 770 TU 769 New accounts dropped score.
 
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