OMG This is crazy!

this has troll written all over it.am looking for thoughts from others.

This is quite frankly horse manure. Lawyers representing a CA are not suing you the plaintiff is and the plaintiff has to validate the debt.

I just went through this in Ohio and I WON pro se to boot and got a dismissal with prejudice.

exactly,i know some friends who got the same thing.everything about this post is wrong.wonder why the guest/troll hasn't returned. :? :?

The CA never would validate,got certified mail receipts to prove I sent,instead they turn my account straight over to a law firm.Law firms letter stated they were representing the CA yet stated in same letter they were a debt collector and I had 30 days to dispute debt and they would provide proof of debt within 30 days etc.I cannot fight a law firm and here is why:FDCPA
???? 58????????70????????15. Definition of collection agency and collection agency business.
(c) "Collection agency" does not mean:
(8) Attorneys????????at????????law handling claims and collections in their own name and not operating a collection agency under the management of a layman;

I did try to fight in court pro se and lost!I do not get how they can do any of this and win! So now I am terrified of the last 2 I feel no matter what proof I have I am set to lose and worried sick that maybe I should had not sent a VD request.What good is it to give me rights and set laws if they aren't followed? Feel helpless.

If I have proof I requested VD from CA prior to them handing account to attorney, then have proof of the same with the attorney since on their letter it states I can dispute the debt with them, and neither do, have proof SOL was up using bank statements to verify, and stilll lose, tell me how to fight when the next one sues? This is why it is all aggravating!

yeah right.tell me who this CA is who got this judgement.what state are you in?answer these questions please.

i smelled a rat, err, troll too.

I am in NC, the first CA was Global Acceptance Credit Company LLC,OC Walmart,I requested DV and they right after receiving DV letter sent it straight to attorney. Global never sent me anything for validation I figured they had sold it to someone else.Their attorney was Smith Debnam Narron Drake Saintsing & Myers LLC out of Raleigh NC.They won in court and I paid them $2246.82.Date of last payment was 3-2005 and they filed suit May,9-2008. I never understood how they won.

Second CA was John Barry and Associates and after requesting DV it was sent to attorneys Sessoms and Rogers out of Raleigh who represented .Same thing payment last made was 3-2005, I had to let go 5 cards all same month and never made any payments on any of them again.Had bank statements to prove last payment this time, which the bank statements alone costed me from the bank $55 cause $20 an hour research fee to go back and get old copies of statements and took 2 hours of research then $5 per copy!Thought they were all I needed to show date of last payment. Also had signed green card from PO from sending DVs to both John Barry and Associates first then attorney but this time was told date of last payment was not what determined SOL it was charge off date which put it in SOL! Paid them $1989.55!

Then lvnv funding llc,OC Sears, sent me a letter about CC in September 2008. I sent a DV right away,again no validation,the next letter I got was from their attorney Sessoms & Rogers PA ,what luck.After sending the attorney my DV request praying the results would be better this go around, which was signed for, they filed suit.All I had was the same bank statements I had before.When bringing up CA never validating debt and then attorney never validating debt,and showing the copies of letters sent and signature cards, I was told lawyers who are representing a CA are allowed to sue in the 30 days to dispute debt, are not held the same for overshadowing, and are not considered the same as a debt collector in regards to fdcpa that they are only bound by state law and this was the reference to attorneys not having to do what CAs are required such as an attorney can still file suit within your 30 days to dispute.Here is the reference
FDCPA
???? 58????????70????????15. Definition of collection agency and collection agency business.
(c) "Collection agency" does not mean:
(8) Attorneys????????at????????law handling claims and collections in their own name and not operating a collection agency under the management of a layman;

YET the attorney states in their letter to me about them being retained by LVNV at the bottom says "this is an attempt to collect a debt and any information obtained will be used for that purpose and this communication is sent to you from a debt collector"!! So I still am totally confused about that.

I am unsure why I would be called a Troll when I came here looking for advice as I do not understand all this.I am a sinlge mom of 2 without a job and scared to death I will be sued again. I filed my answers to summons with defenses and tried using the FDCPA section 809 about not validating,never getting any validation, my bank statement showing last payment showing date of last payments were over SOL and nothing ever mattered.So that is why I came here, I am scared to death the last 2 CC now will do the same. Yesterday I sent both a DV request,CA John Barry & Asscociates has one they just sent to LVNV to help collect on(OC Providian) and northland group has the other(OC Lowes) that the same thing will happen.All 5 were let go same month and if the other ones I lost on I figure I will lose these too.Which is why I also am not sure if not just paying the low settlement offers was not a good idea so I would not have to go through all this court crap again and lose and pay so much.I could had paid Glocal Acceptance $600 but I didn't and paid them when I lost Like Northland CA is willing to settle for $489 and instead I had to pay #2246.82 So when they sue I end up screwed again.
I was hoping someone on the forum could offer opinions or advice on all this because I just do not understand what else to do and just waiting to get a letter from an attorney so not sure why I was attacked? I do not understand?

Where does this come from?
"fdcpa
???? 58????????70????????15. Definition of collection agency and collection agency business"

The FDCPA law is 15 USC 1692-1692p

And it speceificly state what is a CA. And an attorney will fall under the definition.

Unless you had a stupid judge and you adequately proved SOL then you should not have lost. It would be instant grounds for an appeal and an overturn of the ruling.

What you say is unlikely and almost impossible to happen to the same person over and over again.

Thus the troll remark, and since you understood the term you are not what you present.

I do not know what "troll" means which is why I asked in a previous post why I was being called one?I still have no clue I just figured I was being name called.

Yes, it does seem unlikely to be sued 3 times and lose that is why I am here! I do not know what I am doing wrong! First time I only brought up the fact of no validation I had no idea about anything else at the time.Then when I did bring up SOL which I THOUGHT was from last payment made, BUT turns out the judge said NO it was from date of charge off which that date WAS still within 3 years but everything I have read still says it is from date of last payment which is why I am here!I DO NOT KNOW and needed help!

I did not mean the fdcpa,my apologies, it is
North Carolina General Statute ???? 58-70-15 (c) (8) excludes from licensure attorneys-at-law handling claims and collections in their own name and not operating a collection agency under the management of a layman.
NC general statutes can be found at ncleg.net or just google the one I listed you will see.
I got the two confused, I am still trying to do research on all of this so I can find out what I did wrong and what to do to prepare incase I am sued again and it is all confusing.It seems I am only going to be name called though no matter how many attempts in trying to get help I make.I am name called because I have been sued 3 times? I have already several messages of people having to fight more than one different CA, one lady said 5 times so why is being sued 3 times unheard of? How is not having possibly all he knowledge I needed impossible? I do not know all the rules and regulations and such which is why I came to this forum it looked as though there was a lot of knowledgeable people to help.I do not know how when rereading my post I offended anyone by telling my situation and asking for help.All I wanted was help!!!!!

Guest, hang in there, someone will be along to help you, ie Goldenbast, Nascar or others. You are welcome to come and post on this forum. Most that do are trying to help people such as yourself.

You should immediately appeal, because this judge you mention is loopy...SOL defense is always a defence and not even the judge can break the law...you should appeal it and take it to a higher court. All lawyers who act as collectors are required to follow FCRA and fdcpa. Plus, you DVed the CA and they sued you...so you would countersue the CA for continued collection activity.

The reason you are being called a troll is your posts sound like a CA making this all up to scare people who don't know any better because quite honestly it is unheard of what happened to you and if this did happen to you, you would have a very big case for your mistreatment....A judge cannot ignore the law and make you pay on a time barred debt..simply cannot happen.

Capital One is trying to sue me and they suppposedly hired a attorney in my state to handle collection. I have been going round and round with this because I still believe this attorney or some other bottomfeeder bought the old debt and are now trying to collect from me. Some of the things could be true that the guest poster is saying because I spoke with a reputable consumer debt attorney about this case and the explained that I sent DV letters and they in turn sent me copies of my cc statements with amounts listed that were charged. I did not get a copy of my application or any other proof that Capital One hired them to handle this. The consumer attorney told me that they pretty much validated with the cc statements and I could either pay what they want or offer a settlement. I have two other credit cards that are in collections with Alliance and northland group. The consumer attorney advised me to contact him about these two if they start pursuing collection. He more or less said the deal with Capital ONe is cut and dried at this point.

Well that may be partial validation, in this case it would have to goto court and you could motion for discovery and demand production of signed contracts. I have heard that Capital One are good about keeping the documentation straight..it is mostly whe the account gets so old that the CC's sell the debt that they chuck the records and the CA's down the line can no longer get a hold of them

north carolina,okay that makes more sense.do as goldenbast advises.also have a consumer attorney look into what you submitted.you can more than likely get this dismissed.

Thanks to all who fFINALLY believed me, it is very upsetting when I came here for help and was attacked, just because some cases seem unreal ,does not make them unreal although I wish it all were. I still cannot get over being sued this many times!!

I got a call from an attorney who will take my case, pro bono to beat!!YEAY, I cried it was such relief after all I have been through.It really is horrid stress the CAs put us through so claiming emotional distress HECK YEA!! Took me weeks to get an attorney and she happened to call me because another attorney felt bad for me with already being sued 3 times and he called her personally.

She told me that attorneys who are collecting on debt whether be for themselves or for a CA are not bound by ALL, just some,of the fdcpa rules BUT they are still bound by all state and federal laws. So they are not considered the same since they carry the title "attorney" but although FDCPA lets them slide a little the State and Federal Laws do not and they are held to the same laws! She also informed me that an attorney, when debt validation is requested, is still required to validate, period! She also said a summary or computer print out is not enough that it has to be hard physical proof beyond a doubt the account is mine and the amount! Also, not sure with all states but when the CA attorney filed my claim he was supposed to by law attatch some sort of validation by OC statments, sgreement or something of the debt to the summons I was served and he did not and my attorney said right off that is breaking the law right there, thought she said federal law! She said the best thing to always do is the debt validation request via certified mail AND to include on the letter itself the certified mail # because that proves the letter was IN the certified mail envelope, seems some attorneys claim they get empty envelopes or you sent some other letter not a DV and just because you have a copy of the letter you sent, it does not prove beyond a doubt that was the letter IN that envelope.She said it sounds crazy but it works in court.( I did not know that either).She said to send 2 one ASAP when you get a letter from CA or their attorney and then 1-2 weeks later another.The attorney said she had a slue of counter claims and defenses so I pray this works out.OH and about the SOL I had been asking about, in NC it is from date of last payment not date of default or charge off but last payment! Some sites have also said you add like 6 months onto the last date, not in NC and making any payment or acknowledgment of the debt DOES restart the SOL so whatever you do if you are close to your SOL just keep requesting validation and make no payments.She said as soon as you get a letter from a CA immediately send DV because that limits the time they have to send the account to a attorney to sue you.If they have not sent it to one and the CA gets your debt validation letter they must stop ALL collections until they validate your debt with original paper work of some sort. With all this info she provided I got bank statements and I did for gosh knows why make a payment of $5 on 12-05, meaning this is still in SOL.The attorney sued me 3 weeks before being 3 years, how aggravating! She still thinks they can't validate and either way with one law broken my counterclaim started at $1000 so if all goes well I will prevail. Also, the attorney told me to ALWAYS send a letter telling them only contact by mail is allowed and no other contact and then keep logs of when you get phone calls from them afterward she said each call is a violation and at least in NC each call can bring $1000!!! I did not know that part.She said LVNV were awful CAs.She looked at my past cases and the first case was my stupdidy I did not know anything so that case goes on me but she said I would NOT have had to pay it had I had an attorney.The others she said she is looking into closer because she said something was not right and will see about appealing.
Yes, I still have 2 cards in collections and who knows I might be sued again, will that break any records? Trust me, when I let the cards go I never thought I would be sued by almost all of them!
Any way wanted to post what the attoney told me so maybe it can help someone else, and please for those who attacked me, maybe try not be so quick to judge, I truly just wanted advice and help and when your already down and stressed and broken the tiniest things can be very upsetting.....

Global Acceptance Credit Company was a CA that I'm not sure how to deal with, either. I had Cash Call as the OC. Cash Call 'sold' the account to GACC. I just could keep up the payments that GACC were asking. According to GACC, they are located in Texas. BOTH Cash Call and GACC are listed on my CR. How do I deal with them. Now..here's a crazy thing, too. Cash Call STILL calls me and tells me they "own the loan." When GACC tells me the same thing. GOD>......what a mess!! :roll: Any advice.

Yes, I am sorry people did not immediately beleive you. You have to understand that some CA's will actually stupe to coming here and posting about how they tried to fight the CA and that the CA was totally in the right and took them for everything. Unfortunately, your case was so bad that is quite simply was not very believable. I am very glad you have a lawyer now and you can fight back. What happened to you was wrong on so many levels.

This time, send the DVs to the CA collecting. If a lawyer contacts you, ask them who they are representing. If they are representing a CA, immediately send them a DV and then send the lawyer a letter letting them know about the DV to the client. If the lawyer themselves own and are collecting the account, send them the DV. If it is ambiguous or the lawyer won't tell you who they are representing, check your credit reports to see who is reporting that account and go from there.

guilty as charged golden,but i'm also glad justice will be served in this case.

to the original poster, where in NC are you?