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Guest · Posted: Sun May 11, 2008 12:37 pm Subject:

OK I don't get it. I got a judgment of dismissal but the law office called my house again to day at 3:39 pm. Do they think they re going to keep bugging me on this? Should I send ANOTHER debt validation letter? I sent one over a week ago.

Posted: Sun May 11, 2008 12:49 pm Subject: reply

did you get the receipt from the DV and C&D letter.if so it is time to look into taking action against this so called law office.don't know if filing FTC,AG complaints is the way to go,or find an attorney in your area.my opinion,but this is getting ridiculous.

Guest · Posted: Sun May 11, 2008 3:26 pm Subject:

I am going to call the office tomorrow to put another violation on the list. I will tell them I am recording and ask what they want. If they say anything about a payment, I will tell them they got the DV letter on April 28th and tell them that they just violated the FDCPA. See what they have to say about that,lol.

I forgot to send the C&D letter part but I am going to mail that out too. I got the confirmation for the DV letter and the court has records also.

Posted: Sun May 11, 2008 7:22 pm Subject:

I may just file it in Small Claims court in a few months. If I can get the $1,000 in violations from the debt collector and $1,000 in violations from the Attorney that would be $2,000. $40 to file it. Then I can ask for treble damages and get $6,000 and ask the court to have them be removed from my credit report. This is the quick solution and I used 2 print cartridges and a whole stack of paper so I can nail their asses.

The attorney general has been investigating the CA in the past. The attorney I don't know if she is innocent in all this as she is a new attorney. only started her business about a year ago. But the CA owner is not well liked in most of the courts for his practices anyway. I may go down next week and get the forms.

Guest · Posted: Wed May 14, 2008 12:45 pm Subject:

They called me again today. That is 3 times.
The judgment of dismissal states:

On the above claim, the Court has dismissed this claim pursuant to USC Rule 7(b) upon plaintiff's unopposed motion or request to dismiss. This means that the defendant does not have to pay the plaintiff any part of the claim or costs in this claim.

Neither the plaintiff nor the defendant has any right of appeal from this judgment of dismissal. USC Rule 8 provides that for good reason any party may file a motion within one year of this judgment, with notice to the other parties, requesting the Court to vacate this judgment of dismissal.

Can anyone interpret this for me?

Guest · Posted: Wed May 14, 2008 4:53 pm Subject:

Anyone?

Cellular · Posted: Wed May 14, 2008 8:32 pm Subject:

Basicly it is saying that the suit was dropped without prejudice and that the they can request that the judge allow for a refile of the suit. In other words nobody won, nobody lost.

Guest · Posted: Wed May 14, 2008 8:36 pm Subject:

So can they keep calling me and telling me to pay?

Posted: Wed May 14, 2008 11:21 pm Subject:

Calling is still 'continued colection activity'. Given that they received your DV letter, it's an FDCPA violation. Sounds like you may well have to sue to get them to stop calling.

Posted: Thu May 15, 2008 8:28 am Subject:

I got a small tape recorder and 2 witnesses that they called 3 times now. Plus all the paperwork for other violations.

If I sue both the attorney and the debt collector in small claims, can I sue both at the same time but on separate damages?

FDCPA violations: collector $1,000
FDCPA violations: Attorney $1,000

Chapter 93A treble damages= $6,000

Understand what I am saying? This way I don't waste the courts time and file separate claims. Or if I am suing 2 different parties at the same time, would I only be entitled to $1,000 X treble damages=$3,000 for the both of them?

Guest · Posted: Thu May 15, 2008 4:52 pm Subject:

Anyone have an answer?

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