Courts and Confusion
Date: Thu, 10/18/2007 - 14:21
This whole process was a waste of my time they just asked me if I wanted to set up payment plans I said no they gave me a piece of paper with another court date on it. I have no idea what this was all for so I was hoping someone could explain this process to me so I know what to expect.
They told me I would get a discovery in the mail and I would have to answer it and send it back, ok I know what that is. I also found out that they have to get a continuance because they have to get permission to take me to court I guess from the client, does this mean I have to wait for another summons or do I go by this court memo thing they made me sign and gave to me before I left the courtroom. The whole process took 5 minutes minus the waiting around trying to find my way to the right court room etc.
I refused to pay on the capitol one card because they keep increasing the amount, they gave me validation for 1500 dollars then they said 2000 in the summons and when I got there it was 2400 heh, so I said no way I have no problems paying the 1500 because that part is validated but not this other 900 dollars they pulled out of their butts.
They never gave me proper validation on the midland credit, sent me some garbage computer print out one page long no explanation of how this 3400 dollars came to be. When I sent them a second letter listing what they should have sent me the next thing I got was a summons heh. Chances are good that will get thrown out of court, seeing as they have not validated the debt.
I'm just confused about this court process so some information would be very much appreciated.
The additional $900 is probably lawyer and court fees. But ask t
The additional $900 is probably lawyer and court fees. But ask them. You have the right to know what every penny they are charging you is for.
Would you mind telling us what "law firm" Midland credit used? T
Would you mind telling us what "law firm" Midland credit used? These people are notorious crooks, I dealt with them in the past..Wondering if they are using the same M.O.
If they bring proper validation to court then this won't be toss
If they bring proper validation to court then this won't be tossed.
Quote:They never gave me proper validation on the midland credit
Quote:
They never gave me proper validation on the midland credit, sent me some garbage computer print out one page long no explanation of how this 3400 dollars came to be. When I sent them a second letter listing what they should have sent me the next thing I got was a summons |
I thought that once you send them a DV request, all further collection actions must stop until they send a proper validation?
Kramer and Frank P.C. based in missouri is the name of the CA/At
Kramer and Frank P.C. based in missouri is the name of the CA/Attorney.
If they bring validation to the court why wouldn't they have just sent that to me, and if they do bring validation would it be considered since they didn't give it to me upon request? I don't know how the courts work or anything so that just brings more questions to mind. :(
I think they figured it was validation and why they haven't stopped collection and really only a court can decide if it is or not, or at least that's my take on it. I've gotten validation from other debts and they always had past credit card statements showing where each charge came from even late and interest fees. This thing I got from Midland was no where near that detailed.
The 900 is 400 from attorney fees and another 500 from interest but I have no record of these fees anywhere in the validation given to me, they just tacked it on whenever it pleased them to do so.
Debt buyers can almost never win in court, but it may take an at
Debt buyers can almost never win in court, but it may take an attorney to make the necessary arguments. You will need to serve discovery on the debt buyer, as well.
Also, if they sued you before they had permission to do so from their client, they violated the fdcpa, and you may be able to sue Kramer & Frank, the debt buyer, or both. Get thee to Naca.net and find a consumer attorney who can advise you of your rights under the FDCPA.
Sam Glover offers some great advice on these forums!
Sam Glover offers some great advice on these forums!
Hi Bauch, here's one thing I don't understand. I really don't un
Hi Bauch, here's one thing I don't understand. I really don't understand how this can of debt ends up in court. I'm in no way judging you, I'm just curious. Did you stop paying (the why doesn't matter for this question) or did you attempt to use consumer credit counseling and they refused?
I assumed, maybe incorrectly, that most creditors would at least wait until all the proposals were made before they decided to sue. Am I wrong here?
