judegement/fdcpa vs local court
Date: Thu, 06/18/2009 - 10:15
What are you trying to achieve? Is the debt yours? Is HSBC the
What are you trying to achieve? Is the debt yours? Is HSBC the original creditor?: If so, they can easily verify the debt and would not be subject to the FDCPA.
As I stated the tactic is to catch them in FDCPA violations in t
As I stated the tactic is to catch them in FDCPA violations in the admissions.
Such as?? Think you are just going to end up with a big judgeme
Such as?? Think you are just going to end up with a big judgement on your shoulders. Small claims court does not use attornies. A rep from HSBC will present the evidence. If they are the OC, they are NOT subject to FDCPA.
Are you saying creditors are not subject to FDCPA in small claim
Are you saying creditors are not subject to FDCPA in small claims court, correct? Therefore I must get them to federal court. I do so by filing suit against them, and use all the errors they will make in the meantime with the admissions, contact with me, etc. My intent is not to get any reparations for violations, but to get them to negotiate outside of federal court due to the high cost to them for going there for such a small debt. The terms would be a vacated judgement. Ok, fire away.
On what grounds can you sue them? All they need to do is valida
On what grounds can you sue them? All they need to do is validate the debt with your application and payment histories if you requested them. I just dont see your point.
This is pitiful... If Dave spent all of the time on a second
This is pitiful...
If Dave spent all of the time on a second job that he is spending on try to get out of what he owes, the debt would be retired in no time.
I know....he still hasnt answered what he is disputing and if th
I know....he still hasnt answered what he is disputing and if the debt is really his....
Why the hostility? I am suing them for vioations of the FDCPA. C
Why the hostility? I am suing them for vioations of the FDCPA. Clear enough? And I have 4 jobs, cancer, lyme disease, bartonella, mycoplasma, and babesia. These are tick borne parasites, look it up. It costs me over 1000 month to treat so off your high horse. Reay, fire, aim with you I guess.
No hostitility....just frustration cause you wont answer the que
No hostitility....just frustration cause you wont answer the questions.
The FDCPA governs third parties like collection agencies, not original creditors. HSBC cant be sued for FDCPA violations in ANY court.
If you want them to negotiate, do it now!! Most creditors will negotiate before going to court, including small claims. Why are you waiting for this to escalate?
even if you could sue them for FDCPA violations, the MAXIMUM you
even if you could sue them for FDCPA violations, the MAXIMUM you could get in one lawsuit would be $1,000 in statutory damages, plus any real damages that resulted from their violations. You wouldnt be able to sue them for such a large amount of money that they would try to drop the judgment for you anyways.
In the future, you really need to try dooing your homework before you try some stunt like this. All of yoru info was wrong--you need to educate yourself on the laws BEFORE you try to step into a courtroom....not after.
What violations have they committed? Is HSBC suing or have they
What violations have they committed? Is HSBC suing or have they hired a 3rd party DC attorney to sue on their behalf?
No hostilities, just call them like I see them... I'm sorry f
No hostilities, just call them like I see them...
I'm sorry for all of your illnesses, but that is not an excuse to not pay your debt.