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Posted: Wed Feb 01, 2006 9:26 am Subject: Proper documentation for use in court

As I read and post in these forums, I find alot of discussion on taking CA's to court, holding them responsible for what they have done. I was thinking, what if one (or several) of us do that, what do we need to succeed. After much thought and using my personal and professional experiences, here are some things to to.

First of all remember that in a civil court, a decision (verdict) is baded on a preponderance of the evidence. That means he/she who has the most and the most convincing, will usually win.

Since we all know that CA's hate putting things in writing, we are actually at an advantage against those shady ones.

So step 1 is to document everything. Document all conversations in a notebook. all entries should be in ink, with a date and time clearly eastblished for each entry. Recording of calls is great if done legally, bu the written record can be just as powerful.

Always ask to agreements, demands in writing, but if you don't get them, send a confirming letter that states your understanding of the situation to the CA/creditior. Always send the letters certified, returned receipt requested. Save the receipt in your notebook when you get it. If the letters comeback unsigned, save the letter and the card from the post office. Also always save a signed copy of everything you send.

Step 2 is put every CA/creditor who abuses use, threatens you or in your opinion violates your rights under the fdcpa on notice by sending a letter in writing. A good time to do this is when you send a cease and desist and/or validation letter. Aagin, make sure you send these certified return receipt requested. Also keep any and all receipts in case you later sue for damages.

Step 3 is to give a copy of all the above to your attorney if and when you get to that point.

Speaking of attorney's, for those on here that meet the definition of low income, are on disability, retired or otherwise down and out, most states have legal aid programs that can provide low cost and even free legal assistance. Also the National Association of consumer advocates NACA has a listing by states of attorneys who deal with collections and FDCPA on behalf of consumers.

If I can be of any help post or pm me

Take care everyone Very Happy

Posted: Wed Feb 01, 2006 10:11 am Subject:

Hi JJ

It's nice to have you in the community and be a helping hand. Very Happy

We welcome you taking the initiative and fight against the illegal practices of collection agencies. For this purpose, we all can combine together and file a class action lawsuit against the worst.

To execute this operation, we will finance all the costs from our side and shape up the lawsuit for the community welfare.

Please do let me know your suggestions and feedback regarding this matter.

Regards
Denny

Posted: Wed Feb 01, 2006 10:47 am Subject:

I would think the first step would be to find an attorney willing to spearhead the case. There is ed combs in illinois that appears to have some success. I have also read info on a guy in pennsylvania at this website <http://www.pennlawyer.com> I suppose we would need attorneys in every state where we had a class member.. i am not sure. I would gladly participate and although I am currently not dealing with any prblem debt issues, i have been there and will share what info I have.

Posted: Wed Feb 01, 2006 10:54 am Subject:

Denny,

I emailed Larry Rubin (the Pennlawyer guy) to see if he is intyerested. I will let you know what he says

Posted: Wed Feb 01, 2006 10:57 am Subject:

JJ, thanks for making the prospective steps. Do keep in touch. We will also like other community members to post their comments here.

We all need to connect here on this issue

Regards
Denny

Guest · Posted: Wed Feb 01, 2006 4:36 pm Subject:

Which CA's are you talking about getting a class action against?

Posted: Wed Feb 01, 2006 4:45 pm Subject:

Guest, you can relate this thread with the one below:

http://www.debtconsolidationcare.com/collectors-databank.html

Some debt collectors are making life painful of the consumers through their illegal collection procedures. The papers are not served properly because they lack legitimate details of the accounts. More than that, they call the people and pass abusive remarks. These are highly intolerable and hence it becomes necessary to file a lawsuit against such collectors.

Join this board and participate in the discussion. This website will finance the cost of the lawsuit.

Posted: Wed Feb 08, 2006 5:11 pm Subject:

No luck on the penn. guy. did just send an email to an attorney here in washington state who may be interested. i am going to post a new topic to identify washington state residents who have dealt with this to hopefully show him a local link to this

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