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why haven't i been sued?

Date: Tue, 04/28/2009 - 13:16

Submitted by anonymous
on Tue, 04/28/2009 - 13:16

Posts: 202330 Credits: [Donate]

Total Replies: 7


i had several charge cards..bad payer..they went into collections/charge off ect. why do some people get sued and others do not? i have a middle class job reported on my cf and have a few assets, but never sued.all debts have now passed sol-so i guess i was lucky???


Reasons you might not be sued:


Filing fees/lawyer fees are too high to make collecting the debt worth the risk of losing.

The debt collector has no proof debt belongs to you.

Your county has a reputation for negative debt collection action in court.

Your credit score is very low and that indicates you might file for BK if sued. That would be costly to the collector.


lrhall41

Submitted by on Wed, 04/29/2009 - 18:19

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It really all depends. You should not feel guilty for your good fortune, it was not your choice. You should feel thankful and use this as an opportunity to help others in anyway you can, and forgive those who you feel have wronged you (I am not lecturing you, I just feel strongly that you shouldn't feel bad about blessings). "Go and do thou likewise" as Jesus said.

It depends on the collection agency. Some of them sue all and sundry. For instance, according to the California Debt Blog ("http://www.californiadebtblog.com/2009/04/midland-funding.html") Midland Funding filed 50 lawsuits against debtors in Sacramento County *alone* in the *month* of March 2009. :shock: :roll:


And AJJJ, I wish that were true. Stick around this board for awhile. They sue people on disability, people with cancer, 70 years olds on Social Security, etc. etc. They sue people that have lost their jobs and are on unemployment. Shoot, they sue people who have *died* :shock: :twisted: (or they sue all the surviving relatives). They just do not care.
"http://www.nytimes.com/2009/03/04/business/04dead.html?_r=3&th&emc=th"

What they are really hoping for is that you do not show up to court so they can automatically get a judgment against you and garnish your wages.

Plus, if there is any interesting evidence such as an intelligent and well-thought out blog on the internet, they may decide not to go after you. "http://www.californiadebtblog.com/2009/02/debt-collectors-want-to-avoid-you.html"

You see, it's only when they LOSE that it is expensive. And if they lose and violate the FDCPA, then it can get VERY expensive. And many of these debt collectors violate the FDCPA on a regular basis. And they rarely lose because people rarely fight it. People rarely assert their rights in the courts by suing these (...) even though the FDCPA grants them $1,000 for doing so!

Or even more if they are particularly egregious: "http://billingsgazette.net/articles/2009/04/18/news/local/27-man.txt"
Note especially: "Billings attorney James Patten testified that he reviewed cases in which the North Dakota firm sued. The firm gets default judgments in 90 percent of its cases, which are judgments in its favor when a defendant doesn't respond, he said. Only about 10 percent of the defendants get lawyers or represent themselves.
"Johnson, Rodenburg and Lauinger filed about 2,700 lawsuits against Montana residents during an 18-month period ending about mid-2008."


lrhall41

Submitted by Chrys Henderson on Wed, 04/29/2009 - 20:29

( Posts: 2538 | Credits: )


Hi deadbeater,

That's a good question. I tend to think that it is one of those inflated titles that are meant to appeal to ego thus making one feel more important than they are (sort of like calling a hot dog vendor a Hunger Alleviation Spec-ialist)!
"http://www.affiliatedragon.com/politically-correct-job-titles/"

It is basically a designation to show that I am one of the very few (like Jason) that are paid to post.

Mods (moderators) are normal people who have the access to delete spam posts and moderate language and keep personal attacks to a minimum.


lrhall41

Submitted by Chrys Henderson on Thu, 04/30/2009 - 20:29

( Posts: 2538 | Credits: )