Internet's first get-out-of-debt community - 121,000 members

How many people on this sight have been taken to court and prosecuted from a collection agency and lost the case? I am wondering how many of them just make the threats and how many of them simply repackage and sell the debt when you don't cave in. Am very interested in your experiences on this matter!

Posted: Mon Oct 15, 2007 5:50 am Subject:

Just so everyone understands if they threaten an action and do not take it,that is a violation of law.

Posted: Mon Oct 15, 2007 9:06 am Subject:

Cajun is right- they do that often, thinking you don't know your rights!

Also, just because they are junk debt buyers doesn't mean they won't take you to court! I have seen some collections agencies here, sue people. The point is, you need to know your rights and make sure this debt is valid,etc.

I would not ignore these agencies, but see if this is your debt and if they are supposed to be collecting on it-then go from there. Karen

Posted: Mon Nov 05, 2007 12:55 am Subject:

Okay-- so I'm asking again-can someone here give experience of what has happened when actually taken to court and faced actual prosecution? Is there really no one here that this has happened to and if so--how old was debt?

Posted: Tue Nov 06, 2007 5:12 pm Subject:

HankySpaky42

Very good question. I'm actually curious to know myself. We all know, or at least should, what CA's threaten to do but don't. I wonder how many actually make good on the threats.

Wasn't someone on here threatened with "downloading?" What the heck is that?

I'm still sitting here waiting for the Police to come pick me up; been months now. I even washed the mud pack off my face, took the curlers out of my hair, and changed into a clean Mu-Mu. Still no police. LOL! Very Happy

BTW, that last was more a visual thing, my head is shaved. Hence no curlers.

BestoftheBest · Posted: Tue Nov 06, 2007 5:17 pm Subject:

Unifund is one of those junk debt buyer's who will and do sue you.

Posted: Tue Nov 06, 2007 10:46 pm Subject:

but what is their success rate?!! I think if it's junk debt anyone who hires a lawyer could actually recover court costs and then some-- and this is only from what I have read in different articles that I could find--not speaking from experience or anyone I know who has actually been prosecuted by a collection agency--BestoftheBest--are you representing Unifund or did you get sued? If you actually did-- can you tell us about your experience? I'm sure many are still curious ! thanks for your anticipated response Very Happy

Also Ron!-- your response was a hoot and 1/2!--but did you shave your head cuz you wanted to hide out if they came looking for you? Lol! just kidding! Rolling Eyes

Posted: Wed Nov 07, 2007 4:21 am Subject:

LOL!

HankySpanky42.

No didn't do it to disguise myself. I've actually been shaving it for over 10 years now; started losing my hair at the tender age of 19. Traumatic.

And you do bring up a good point. I was served papers for a lawsuit by an attorney representing a credit card company, I went to my legal aid office seeking help. The attorney got the case dismissed because they had attached no supporting paperwork to the summons. The only thing they did attach was a "generic" agreement that didn't even have my name on it. They were probably hoping I wouldn't even try to fight it and they would get a default judgment. Of course, it wasn't dismissed with prejudice, so they can always try again. But it was a minor victory.

Posted: Wed Nov 07, 2007 5:55 am Subject:

That's encouraging Unemployed...i'm a little scared as a CA is going after me now and has been. am dealing with it though

Posted: Wed Nov 07, 2007 6:12 am Subject:

Debstinker.

Make sure you have help with this; if you cannot afford an attorney, see if there is a legal Aide office near you that can help. Also, read, read, read, the posts on this forum. There is a lot of good and helpful information to be found here.

Of course, when this particular attorney's office started hounding me, I didn't know about debt validation letters and my rights under the FDCPA. I could have probably been a little more effective at handling the situation from the start if I had.

Posted: Wed Nov 07, 2007 6:24 am Subject:

I was sued buy a junk debt buyer, that's about when I found this site because I was searching the internet for FDCPA laws. Won't post my whole story on this thread, but it is on another thread ( http://www.debtconsolidationcare.com/collection-agencies/about17106.ht ml ) if you want to read it.

Basically they violated FDCPA about 5 times; I disputed, they sued anyway. I ended up settling with them.

While I was in court, I looked on the register and seen the place suing me (Resurgence Financial) files about 50 lawsuits per day == about 12,000 cases per year.

Posted: Wed Nov 07, 2007 6:27 am Subject:

I also looked at the register when i was in court with CACH and they were suing about 20 people in court that day! Shocked

So, obviously it does happen! But I was the first one called up so wasn't able to see how the others turned out.... I also settled!
Hope this helps,
Ang

Guest · Posted: Thu Nov 08, 2007 11:05 pm Subject:

Cruncherdid you sue them for the FDCPA vilations? I heard that is $1000 in your favor plus court costs for each vilation or did you pay a setlement to get them out of your hare for now and chose to forget about the vilations they committed?

Posted: Fri Nov 09, 2007 5:34 pm Subject:

No, didn't go after them. I faxed my paperwork to an FDCPA lawyer, but they denied my case. It was more technical violations than the CA really stepping out of line - like the first notice didn't say "This is an attempt to collect a debt" and they sent it more than 5 days after their first contact. Little tiny things that violated FDCPA, but not enough for an attorney to take my case on contingency. My only option was to sue them pro se and I just didn't want to vest that much time in it.

I had originally offered to settle with them before they filed suit, and in the end I settled for less than I originally offered, so I was happy just to get it over with.

curious · Posted: Mon Nov 12, 2007 4:20 am Subject:

detcruncher im curious how old was your debt you settled?and if you settled with a junk debt buyer are you sure it wont show up later on your credit report as being resold to another junk debt buyer? i have seen people who settled with junk debt buyers and still have same debt showing up time and time again many many years later after sol just different name of who owed to and slightly different amount stil owed.. when it becomes junk debt how does it ever go away?and are you sure it is over with? if so can you inform all here why you are sure it is over?

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