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judegement/fdcpa vs local court

Date: Thu, 06/18/2009 - 10:15

Submitted by davewooldridge
on Thu, 06/18/2009 - 10:15

Posts: 6 Credits: [Donate]

Total Replies: 14


Ok the short version. HSBC has sued in local court in Md. It is small claims. I have been advised to file a response which is a Sworn Denial of Debt. I also sent requests for about 30 Admissions to the plaintiffs attny. I have been told I will lose in this court, and that the request for admissions is merely to get ammo for a suit in federal court where I can use the FDCPA. He claims that they will not go to federal court as it cost too much, and then I can force them to they vacate the judgment. The time frame for this would be 3-8 months. SO, does this make sense? Thanks Dave


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.


lrhall41

Submitted by davewooldridge on Thu, 06/18/2009 - 14:49

( Posts: 6 | Credits: )


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.


lrhall41

Submitted by on Fri, 06/19/2009 - 03:26

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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?


lrhall41

Submitted by SOAPLADY on Fri, 06/19/2009 - 03:42

( Posts: 17315 | Credits: )


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.


lrhall41

Submitted by on Fri, 06/19/2009 - 04:32

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