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OK Quick question

Date: Thu, 04/02/2009 - 06:47

Submitted by Count_Vlad
on Thu, 04/02/2009 - 06:47

Posts: 356 Credits: [Donate]

Total Replies: 16


My wife got a summons yesterday about a past powerbill. We know we owe it and never got a final bill, we even disputed this with the CB's. Now my question is this. I was able to access our old account thru the power company's website and I can still pay it on-line. What would be the problem if I paid it on-line after she got the summons?


You can pay it, however when i got a summons earlier this month??and only wanted to pay the "Doctors portion of the" bill, I was told if I didn't come up with the mandatory attorney fees, for the state of WI??(which wasn't much)??and processor fees they'd get me a judgement on that amount. Plus it will take a week or more for it to pay it online.
Are they asking for more than what the power bill is? I'd print that out and take it to court.?? I'd also tell the judge that you never received a final bill from the power company.
Do you have to answer it, or is it just one of those "We want you to appear on .... " summons?


lrhall41

Submitted by beli2005 on Thu, 04/02/2009 - 06:56

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It is just one of those we want you to appear. And the lawyer is wanting 101.00 in fees. And is also asking for about 14.00 more then what the final bill is.
I am planning on paying it and then when we go to court telling the lawyer that we never got a final bill and would have paid it then, that we also disputed it with the CB's, and I might just throw in there that we also requested validation from the CA on this also. it could never hurt . LOL


lrhall41

Submitted by Count_Vlad on Thu, 04/02/2009 - 07:06

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OK we went to court today and they attorney, (4 or 5 years out of law school at best), Started off wanting to talk to us before going in front of the judge. He automatically started say "How can we work this out, we can set up payments now or we can go in front of the judge and he can determine the payments. You have two choices with this judgment" (The pr$ck thought we were going to roll over and bow to him and everything he said. My wife looks at me (I know this is my queue) I then laid into him, I told him that there should not be any judgment due to his clients failure to Validate the debt, We are not disputing that we owe the money, we are disputing the amount your client says we owe. We never received a final power bill, so we do not know how much we owe. He tried to interrupt me here, I stopped him short. I also told him that his client NEVER contacted us and that the only way we knew about the collection activity we that we look at our reports every month. He then replied well we can figure out this judgment and then find out what happened. I laughed so hard and loud that he got pissed and other people in the room were looking over at him. I again told him that there will be NO judgment and that his client did NOT validate the debt. At this point I pulled out a 28 page document with the label of FDCPA, He then asked me and my wife if we would allow him a postponement so he can look into the matter.

So we go to court next July 17th. LOL That gives him a hell of a lot of time to get it straight. During that time I will be investigating filing a counter for 3 FDCPA violations.

So I have to thank everyone here in the forums for giving me the knowledge to do what I did today.


lrhall41

Submitted by Count_Vlad on Thu, 04/16/2009 - 18:01

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Did you ask for validation before or after the summons? If it was before the summons then this should have never even gotten as far as it did. If it was after then they would have likely only responded durring a discovery period through the court and not from a letter mailed to their offices.


lrhall41

Submitted by FYI on Thu, 04/16/2009 - 18:29

( Posts: 1950 | Credits: )


OK Quick update.
"So we go to court next July 17th. LOL That gives him a hell of a lot of time to get it straight."
So we get two letters from their lawyers. The first letter is a computer print out of their records of what we owe. (Still no validation) the second letter is a letter the moved the court date from July 17 to June 12.

So my wife and I go to the court house, go the court room that was listed in the new paper work. We look on the list they have for court dates. And our names are NOWHERE on the list for court that day. So while I am talking with my wife we her a lawyer caller our name. He was a different lawyer then last time. So he starts right off with the BS again about how we want to pay this off and all of that crap. So I interrupt him and ask him why our name was not on the list for court today. He told us they might have forgotten to add it. LOL I called him on this and pissed him off big time. I told him "I think that you guys tried to pull a fast one on us and were hoping we didn't show so you could get a default judgment against us." He turned beat red and said "We don't do things like that" I laughed. I then asked him "Why did your firm sent us a copy of their logs for our account?" He started stumbling and told me that he does not know for sure and that I probably have more information on this case then he does. He then asked if we were going to fight this and let this go to a jury trial. I told him. "Hell Yeah". So we went in front of the judge and did our not guilty thing and now we are going to court in Sept. Before we left the court house I went and filed 3 lawsuits against this Collection Firm and So now when they come to the court to answer the charges then I will ask the judge if we can combine all of this together into the same court date. fun stuff I tell ya. LOL


lrhall41

Submitted by Count_Vlad on Sun, 06/14/2009 - 17:31

( Posts: 356 | Credits: )