Internet's first get-out-of-debt community - 123,000 members

Posted: Wed Apr 23, 2008 6:40 pm Subject:

If you wanted to make them suffer slightly you could have waited for the court date and motion for dismissal based on the grounds to improper venue. Just to aggravate them.

Guest · Posted: Wed Apr 23, 2008 6:51 pm Subject:

Well they are sending a letter to the court because they realized they needed discovery as it isn't allowed in small claims and want the transfer. Also they said they are going to seek the full amount. I know I read the small claims procedure and only in certain situations do they allow transfer. So I have to mail in my motion to deny the transfer and motion to dismiss for improper venue. These are people who file 5,000+ lawsuits a year and win 80% of the time because no one shows or fights back. I got a few other tricks up my sleeve, hopefully they will work.

Posted: Thu Apr 24, 2008 6:29 am Subject:

Here is an excerpt of items from my debt validation letter. You can request them in discovery:

1. What the money you say I owe is for;
2. Explain and show me how you calculated what you say I owe;
3. Provide me with copies of any papers that show I agreed to pay what you say I owe;
4. Provide a verification or copy of any judgment if applicable;
5. Identify the original creditor;
6. Prove the Statute of Limitations has not expired on this account
7. Show me that you are licensed to collect in my state
8. Provide me with your license numbers and Registered Agent
9. Proof that the collection company owns the debt/or has been assigned the debt. (You are legally entitled to collect this particular debt from me.) This is basic contract law.
10. Complete payment history, starting with the original creditor. (I need to have proof of my payment history with original Creditor, what the amount of the debt was when the creditor assigned the debt to your company, and what fees/interest has been tacked on to this debt and how you/they determined these fees.) This requirement was established by the case Fields v. Wilber Law Firm, Donald L. Wilber and Kenneth Wilber, USCA-02-C-0072, 7th Circuit Court, Sept 2004..
11. Copy of the original signed loan agreement or credit card application. (My contract with the original creditor establishing the debt between us.) This is also basic contract law.

If they cannot provide these then simply motion to dismiss the case with prejudice. However I would suggest going into this with legal council.

Curious · Posted: Thu Apr 24, 2008 7:57 am Subject:

If this debt isnt yours, then why go through all of this? FYI posted some very sage advice with regard to filing a police report, etc.

How is this not your debt? Just wondering what you mean by that.

Guest · Posted: Thu Apr 24, 2008 10:35 am Subject:

I had an emerge credit card at the same time with almost identical credit card numbers. I think they mixed up my information with someone else and put my name on someone else's debt by mistake. I had a crazy girlfriend around 2002 and I won powerball in 2002 and she made me pay off all my bills. It is also not on any of my credit reports and none of the credit report companies have any record of it. If it was mine and charged off in 2005, It is a major credit card company and would be on my credit report as a charge off or at least be on my credit report in general.

Guest · Posted: Tue Apr 29, 2008 10:55 am Subject:

OK, my investigation results came back from Experian also. It ended up being the same as Trans Union. The thing that is bugging me is they had before the date the account was opened was 5/2006. Now I look at my Experian credit report and the date account opened is 12/1999 and says collections. No date of delinquency is known. These SOB's are really pissing me off and they have nothing saying it's mine and are still reporting after I disputed it.

Posted: Tue Apr 29, 2008 1:51 pm Subject:

When was the first date of delinquency?

Posted: Tue Apr 29, 2008 1:52 pm Subject:

The reason I ask this is because if it's been more than 7 years plus 180 days then it shouldn't be on your credit report anymore.

Guest · Posted: Wed Apr 30, 2008 8:21 am Subject:

Thats what I have been trying to figure out. The original account is not on my credit report and they have no record of it. I asked Trans Union about the Debt collector on my credit report and they never reported a date of delinquency. The supposed credit card statement sent to me by the debt collector says 01/2005 for charge off. They are missing over 2 years of information from 1999-2002, when the credit card was supposedly opened. Only 4 ATM withdrawals are shown for about $50 each. All the rest of the information is late fees and small payments. Only at the end of the statement was there over limit charges. It seems seriously manufactured. I have no recollection of this card and if I did have it, it would have been paid off in 2002. I was working 3 jobs making $60,000 that year with no other bills. I lived at home with my parents.

Posted: Wed Apr 30, 2008 10:06 am Subject:

Again, if it hasn't at any time in your life EVER been your debt then go to the police and file a police report. It is the FIRST step you are going to need to take to get this resolved.

Guest · Posted: Fri May 02, 2008 6:12 am Subject:

OK I sent a Debt Validation letter provided by this site. They are charging 18% interest when in my state the maximum allowed is 12%. They don't have a copy of the original agreement so there is no way they can charge the higher amount. They sent me another copy of the same credit card statement dated 04/2005. They received the file on 05/2006.

The other paper has my name, address, phone number, last 4 of my SS#, credit card number, date account opened and date charged off. Also there is a seller ID# and the charge off amount. That is all they sent me. They charged over $20 in interest in a matter of 20 days.

I go to court next week on this so hopefully the court will be fair and not side with these liars.

Guest · Posted: Sun May 04, 2008 5:46 am Subject:

Something else I did was I called the original creditor. I couldn't get a live person and it was automated. When I punched in the credit card number, It said it was sold to Global Acceptance Credit Company.

That is not the company who is suing me. GACC sold it to the company who is suing me and they are claiming they are the Assignee of compucredit. I thought in order to be an assignee, you had to pick up the debt before it was in default. Does anyone know?

Posted: Sun May 04, 2008 11:54 am Subject:

Look through my signature link to find my debt validation letter template. Request those documents during discovery. If they can't validate (especially if they don't have the contract) then there is nothing they can present showing without doubt that you owe a debt.

Guest · Posted: Sun May 04, 2008 3:48 pm Subject:

It's all ready to go for Friday, thanks JCEMT. We will see what happens.

Guest · Posted: Tue May 06, 2008 10:12 am Subject: Update

I just got a letter in the mail today and now they are filing a voluntary dismissal without prejudice. I sent the DV letter over a week ago and now they can't file it in court again until it is validated, right?

The court has the DV letter also and I stated to the court they violated my rights on DV and that they cannot sue me again till its validated.

Sound about right to you?

*Name:
*Email:
*Phone:
*Zip:
Debt

	* denotes required field

Internet's first get-out-of-debt community - 123,000 members

Dealing with idiots

Members Area

Free Debt Counseling

Ask the community

Community Photos

Featured Discussions

Featured Articles

Question of the Month

Also See

Recent Forum Discussions

Recent Blog Post