Fight back with CA lawsuit !

Hello Gorge - Can you please provide a little more information on your situation, so we can provide better advice to you?

What CA are you dealing with? What type of bill is this (payday loan, medical bill, etc)? How old is the bill? Under what reason are filing a lawsuit against the CA? Have you validated the debt to be sure it's yours?

This info will help us to help you.

- Rushmore Recoveries XI LLC
- Credit card original line $5000, they asking ~$9500
Complain says this is original debt + % + court fees, appear in the court in the mid of Jan.
- 2 years old bill
- Debt validated

I have to go to the hearing to respond to their complain.
My question is What should I do to Fight with CA in the court?

Can you help me with proper answers to complain and interrogatory questions to them, to show them that I'm going to fight? Is there is any possibility to counter sue them for something?
Thank you

AKM - I am not a lawyer, so I'm afraid I can't offer you any legal advice on this issue. It appears to be a very serious matter.

We do have an attorney who deals with collection agencies on our forums here - I will forward your message to him and hope he can get in touch with you soon to offer some suggestions.

In the meantime, this situation sounds like you need to speak to an attorney - and soon. I would definitely recommend that you call one right after Christmas and discuss this situation with them. Please keep us posted on your progress.

It looks like the CA has a strong defense and will win the case in the court. The judge will also ask you to pay the debt after analyzing your financial situation. There is a possibility of judgment against you and the CA will try in every way to make you pay the debt.

I will suggest you to talk with the collector and propose a settlement outside the court. They are the one to file a law suit against you. If you are able to arrange something with them, they will withdraw the case from the court and you won't need to pay the court costs and attorney fees. 50% to 70% settlement is possible. Since your defense looks weak, don't let the case go to the court. Call Rushmore Recoveries and settle the account. If necessary, hire a consultant to handle your account.

AKM - I think Howard gives some very sound advice above. You really need to contact Rushmore Recoveries and try to get this settled WAY before the court date, if you can. I don't think you can fight this one in court.

Howard's advice is fine if you really want to stay out of court, but once you are in court, you might as well fight the debt. Given the nature of the debt-buying industry, there is a decent chance you will win.

However, this is a pretty difficult thing to fight on your own. If the case is in small claims court, you need to challenge their ability to prove they own the debt or have the right to collect on the creditor's behalf, and that you actually owe the debt. CA's can rarely prove this.

If you are in district court, you probably need to file an answer, not just show up at a hearing. In that case, you definitely need a lawyer. Head over to naca.net to find a consumer lawyer who can help you (don't risk hiring any lawyer, but look up a consumer lawyer who knows the ins and outs of debt collection).

If you win the case, you probably have a good fdcpa lawsuit against the CA at the back end of the lawsuit. It's a good idea to sign a retainer for both cases with your attorney.

Most importantly, you don't know whether you can afford an attorney until you call a few and find out how they charge. Most consumer attorneys will make themselves affordable for a case like yours.

thanks, Sam! :D

Honestly, why would you want to go through the whole going to court situation...that takes time and money...9 times out of 10, if you contact whoever you owe money to and let them know that you are trying to get your debt taken care of, they will offer you a settlement which will initially be cheaper than what you originally owe. It kills me how people think that for instance you obtain a loan over the internet and don't pay it bk. A year later a collection agency is calling saying you owe the original amount plus fees, then your mad about paying the fees. I mean, did you really think that you're not responsible for fees.

YOU GUYS ARE WONDERFUL.

Pooh, no one is disputing the fact that they are responsible for the fees. All anyone wants to do is pay their debts in a fair, ethical manner. Sometimes people fall on hard times, and can't pay things back on time...No one here is trying to avoid paying, they just want some consideration.

Quote:

Nicely done, DebtCruncher.

You won't win!!!!!!!!!!!!!!!

by the time you finish going to court, taking tme off of work which will reduce your pay, paying for an atty plus court fees, you'll initially end up spending just as much money and less time if would just pay the lender their fines and fees.

No one thinks about the fees when they sign the contract, but as soon as a ca calls them w/ an outrageous amount, you start complaining about how expensive and unlawful the fines are. And you all fail to realize, I'm not attacking everyone as individuals b/c everyones situation is different. I'm only stating that as a whole, if we handle our business right, we won't have problems w/ these ca and their outrageous fines.

I'm sorry, POOH03101986, but I think you have a rather typical (and inaccurate) view of the court system.

Many of the fees sought by debt collection companies are unlawful. But if you don't fight the case, you don't get to fight the charges. Further, debt buyers often cannot prove they owe the debt, and debtors do have a decent chance of winning, if they fight the case.

Further, if you do win, you have a good fdcpa lawsuit, in which you can seek compensation for the time and expense it took you to fight the debt collection lawsuit.

It isn't worthwhile in all debt collection cases, but if it is a debt buyer case, it probably makes sense to put them to their proof.

As to attorney fees, if you win, you can collect them as damages in a subsequent FDCPA lawsuit. They also probably don't cost as much as you think.

Spoken like a true lawyer!

I guess I don't know what that means, but I just don't think anyone should go around "settling" debts with companies that can't prove they actually own the debt. If they take you to court, put them to their proof.

Sam Thank you for your useful information. KYSIDE38

do anyone have a number for rushmore recoveries? i am trying to complete a job screening and rushmore is in my way; can someone help me by sending me rushmore recoveries number..........

thanks to you all, Gos bless!

10 New King St., Suite 205, White Plains, NY 10604-1205

Sorry but I was only able to find their address, no phone number.

I have to say I'm impressed with the forum and particularly with Mr. Glover's excellent advice and perspective. I can't understand people who jump in with moralistic and discouraging advice, telling people who are already stressed that they have no chance of winning and need to face consequences of their actions.

Fact in, sometimes people get into financial jams, and they are entitled to legal protection. You can bet lenders and debt collectors are going to take advantage of every legal loophole and protection, and it's foolish for the "little guy" not to.

pooh why are you on this website if you are on the side of the collector? I want to know how someone can sue me for one amount 887, but when i agree to settle pay 300 down and 50 a month the amount i owe after 300 is still 904 and not 587. i should have went to court. the amount i owe would have been cheaper..so pooh riddle me this how come the lawsuit amount and the amount they say i now owe differ in the span of two weeks?