Failure to respond in court???

hiya--

Alright, you can file a motion to dismiss instead of a motion to compel. that doesnt mean that the judge will grant it, but you can certainly make a good case--this is the second time they have tried to sue you, and also the second time that they could not procuce any documentation to prove their point. Keep in mind--since this is the second time youre being sued by the same people, this time you need to move for dismissal with prejudice and put an end to this mess for good. if you do decide to move for dismissal now, and the judge denies it, then I would move to compel discovery at that time.

Keep in mind also that you can sue them at any time over FDCPA violations--you dont need to wait until this case is done as far as I know. I could be wrong in that, but I have never heard of a law that required you to wait like that.

COOL!! Thanks for the info!

For some reason I thought there was a time limit on FDCPA violations, but I could be wrong. I did want to file a counter-claim but I couldn't do it on my own. I also have them on FCRA violations and would rather get this dismissed with prejudice first before I go after them, I know that I don't I don't have to wait by law, I am just making it easier on myself and also with getting this dismissal it makes my case stronger when I go after them for filing a frivolous lawsuit and perjury.

There is a time limit to file which I believe is 1 year from the date of the violation.

Guest, i think you misunderstood my post. There is in fact a time limit to take action on FDCPA complaints. When I said you could file that suit at any time, I was saying that you do not have to wait for the current case to be done. I apologize if my post misled you, that was not my intention at all.

No problem skydivr. I can't wait till next week so I can get this dismissed!!!!

OK I just got more information in the mail from them. The cover letter says "For your records, enclosed please find a copy of the Verification of Debt mailed to you on June 25, 2008". Well what they sent me was only the last 2 pages, duplicate copies, of what they sent before and they missed the first 2 pages,lol.

So I have a few questions maby someone can help me with......

(1) They also do not sign any of their attorney letterheads and there is no name of an attorney on the papers, is that legal?

(2) They also say the total due is $3,558.38 as of January 6, 2009. What I found weird is the amount.

first contact February 22, 2008 $3009.97
April 7, 2008 $3,092.85
April 29, 2008 $3,113.81
June 25, 2008 $3,128.12
January 6, 2009 $3,558.38


So from February 22nd to June 25th the total went up $118.15 that's 4 months. If you go from June 25th to January 6th it goes up $430.26.....6 months

(3) Do these people know how to do math or do they just make up numbers along the way? Before they said it was 18% interest as allowed by the original agreement and now they say 23.99% by the original agreement. Would this be another good thing to put on the motion to dismiss as they can't even cover their tracks?

The 23.99% they say is allowed is per the original agreement so why would any credit card company go down to 18% on a person who is defaulting so many times on payments?


(4) Should I mention anything in the complaint as to them committing perjury or anything? what would you say?

Anyone??

Did they also send you a copy of the original agreement with your signature? If not, they can't charge EITHER interest rates, as they have no proof that is what the agreement said as there seems to be no agreement (they would have sent it if they had it). Did you also ask for documentation to prove they own the account? I would not only ask for that, but for a full chain of custody..who had it before they did and so on down to the OC.

Yes I asked for all of that in the past and also now in court. the only thing they came up with is this stupid credit card statement that is manufactured because there are a lot of errors on it. I dissected the whole thing and it's obviously fake.


As for the original agreement they said I opened the account in June of 1999, the credit card agreement they attached to the summons has a copyright date of 2000. So they probably attach this to all their summons when they sue people. They do not have a signed contract and they told me this over the phone, better yet they do not have the first I think, 2 years of credit card statements so they are missing a lot of information there also.

Today i got the same thing from them again only this time it's pages 1,2,3,4.

I requested everything for production of documents and they have not responded to it yet and today is the deadline. I am going on Monday and file a motion to dismiss which no matter what will be with prejudice this time.

The reason they sent me this crap in the mail again is because I disputed the entry on my credit report. It has nothing to do with me serving them during the discovery phase.