These courts are ridiculous (ref junk debt suits)
Date: Wed, 12/29/2010 - 16:40
Anyway here is my gripe. The summons I recieved was a simple listing of the claims that the debt buyer (The Bureaus Investment Group Portfolio) is making against me, saying that they have an account that I owe on and the amount they claim I owe them. No evidence is provided, just their claim. No contract, no account history, not even an account number on the complaint I recieved with the summons. In their discovery they did list an account number but nothing else. The discovery was filled with questions about the account that they should already know the answer to if they have the proper documentation. I saw an exact copy of this list of discovery questions during one of the many searches I have done while building my defense (the list is on another credit related board, didn't want to past link here as a matter of courtesy to this board) so I got a good template on how to answer these questions, which was basically objecting to the questions with relevant reasons on all objections.
I am lead to believe that these people have next to nothing to prove they own the account in dispute, much the same way that many of these collectors I have read about. I am sure they were hoping for a default judgement.
So here finally is my reason for posting. Why are these courts allowing these junk debt buyers to even file these lawsuits? I have protested several times when calling the court clerks office and of course they are pretty apathetic a-holes who could justify killing children with "just doing my job" type response.
I mean isn't there something seriously flawed in the system when companies like this, or anyone for that matter, can use the tax payer funded courts to pull this garbage with no proof, not even basic proof provided to back their claims?? I mean shouldn't they have to provide something backing up their claims to then provoke the court to bother a citizen with a summons and all of the hassle of responding.
I am sick of being told to talk to a lawyer every time I call the court to ask basic questions on procedural matters, not asking for legal advice just questions on what the court requires. It seems like the only person at the court that answers my questions is the clerk's deputy as all the others error on the side of caution when questions about procedure come up (was told that by the deputy).
It's f'd up that I should have to get a lawyer (I can't afford one as it is but even if I could) to defend against a lawsuit filed against me that is not backed up by no proof.
The court is aiding these scumbags, as most of you are already aware, 90% of these lawsuits result in default judgements. These junk debt buyer can play the numbers and make a killing because this wretched system allows them to file lawsuits without providing even basic proof that they own the debt and the amount they claim is owed is accurate.
As someone who is already well aware of the utter corruptness of this entire society I can't say I am shocked this is allowed to go on, but I decided to write because I hadn't seen it anywhere else online, one asking the question asked here, why are these courts permitting this stuff, where are the advocates who instead of going after the debt buyers. we need to expose the conduct of the courts and demand that they require these junk debt buyers to do more than just make a random claim with no evidence to back it up.
Rant over....Do you see now why I don't want to go step by step the details of my case, it would be twice as long even though it is typical of other stories I have read so I will save you good folks the trouble...lol
Anyone can file a lawsuit in the courthouse in order to get a ju
Anyone can file a lawsuit in the courthouse in order to get a judgment irrespective of the fact whether or not they are a junk debt collector (JDB). The courthouse cannot bar a person/organization from filing a lawsuit. If a lawsuit has been filed against you, it will be better to hire a lawyer who can represent you in the courthouse and help you get justice. If the debt collector cannot offer any proper proof of the debt in the courthouse, then you will win the case.
Yes, the court can't prevent a junk debt collector from filing a
Yes, the court can't prevent a junk debt collector from filing a lawsuit against the consumer for securing a judgment. So, there is no point in any fretting about it. I would rather suggest you to contact an experienced attorney. He will help you to fight the case.
I agree that the courts can not bar certain peoples from filing
I agree that the courts can not bar certain peoples from filing suit. Furthermore, I believe the courts are paid through court costs for each of those filings. The courts have no incentive to bar the suits.
[SIZE=3]The real problem is not the courts though. The real problem is the junk debt buyers are bringing frivolous law suits. A solution is to pass a law that only allows for collection of the junk debt buyers monetary value of consideration. Basically, the collector would only be able to collect what they paid for the debt. This would add a big hurdle to the bottom feeders buying up $100,000 worth of debt that is 5 years old for $1,000 and then filing junk lawsuits in the hopes of winning default judgments. Basically if $5,000 of the $100,000 debt was yours and the collector paid $50.00 for it then the most they would get is the $50.00 plus some court costs back since that is all they lost. I have seen some articles about some states having laws like this. This would not affect the OC or any collector they hired. [/SIZE]
Ok, I understand that they can't currently prevent them from fil
Ok, I understand that they can't currently prevent them from filing a lawsuit, what I am saying is that this should be changed immediatly. Of course this isn't going to happen because the whole system is rigged by lawyers, if these type of baseless lawsuits were not allowed then lawyers and their ilk would not be able to tell people sued by people who have no evidence to back up what they allege to spend money they don't have to get a lawyer.
I don't have money to get a lawyer so that option is out.
I think it would be a waste even if I did. These junk debt lawsuits are a different breed of case. I figure if 90% of these are defaults, how much experiance would any lawyer, except for a few specialists, have with them when most don't go to court. I am sure I could find someone to take my money but I know that most lawyers are amoral and don't give a damn about my situation, and probably would harbor some resentment of me as "being a deadbeat". The only way I would spend one hard earned dollar on a lawyer was if I only had to pay if they won my case and that isn't an option.
Sorry if the straight talk about lawyers offends some, its just calling a spade a spade.
I am just going to do the best I can on my own as it is my only option. I know I am going into a corrupt system that makes things complicated so lawyers can capitalize on peoples misforchune. I am going to research as much as I can and come forward with the best I have, if the court wants to award people money who have no evidence to back up their claim simply because I failed to say "let it be art thou to the left present that now thou to the right" then so be it, I only hope I can keep my temper while witnessing such shenanigans. I fear that the court is not a place for an honarable airing of facts, straight up and to the point, but there is nothing I as one person can do about it. Having the knowledge I do relative to who and what is behind a system so corrupt, not just courts but the entire stinking cesspool, it makes it something that will at least not be a surprise.
Only a corrupt putrid system such as the US legal system will award these pukes anything without them showing real proof.
Word of advice:
I suggest you "cool your jets" before entering ANY courtroom, whether you believe you're right or not.
There are some VERY fine attorney's on NACA. Some work contingency.
As for making new laws...I believe that the courts should have a system that automatically fines the plaintiff in a case that gets dismissed or lost...to the tune of no less than 10% of the suit amount. That would certainly cut down on the number of "petty" lawsuits.
Good luck. Happy New Year :)
My jets will stay cool because I know that it is a 50/50 proposi
My jets will stay cool because I know that it is a 50/50 proposition that I will fall victim to a lack of experiance in this sordid legal system. Being positive about things, I can only hope that a minor procedure error or two will not enable the scum suckers to win without presenting some relevant evidence to back their claim. But yeah I am not looking to make any more problems for myself by acting out my frustration in the court.
I have put hours in online researching countless boards and sites and I think I am better for that.
The law firm is like an hour and a half drive from where I live, I guess that is better than right down the street. The dumbasses haven't even filed an affidavit of debt yet, which I understand should have been or will be forthcoming. The name of the lawyers and/or the debt buyer is not listed on the docket of the court anywhere. Just a few of the things that make me hope they were just in this for the easy default.
Does it cost them more money to take this to court, do they have to pay more than they have payed to file this lawsuit to get into a courtroom? From what I have read many of these scum suckers will file lawsuits hoping for a default and then if there is a response, the ones who don't quit then and there will file discovery hoping the defendent f-s that up. I filed my anwsers to their discovery, production of documents and admission of facts and this was done real well with my research telling me to not make their case for them and deny and/or object to most of these questions and I also sent them off a pretty sharp discovery,prod doc, and admission of facts. I guess I figure that if they have to pay more money to take this to court, which I think is the next phase after discovery, they might see it as not worth the trouble. This is at least from what I have read, it is not a certainty but a possibility.
I am alittle late to this forum, but this sounds very familiar t
I am alittle late to this forum, but this sounds very familiar to me and I also fully understand your frustration.
I am being sued by a debt buyer who over one phone call with me insists they sent me letters in the mail,but I could have sworn they never did. When I had asked for validation (I know I should have sent it by mail but I have had no experience with this until now), the lady told me no and said the next action they would take would be to file a cause of action unless I paid them a 65% settlement or $200 a month within the next 10 days. I told them there was no way I could pay 200 a month and she told me to get assistance from friends and family. When I told her no, she hung up on me. Why would I agree to pay more then I can afford???
Now although I admit I do owe a debt with the OC they have stated, the amount they refrenced is no where close to what I really owe. Also the account number they told me dosn't match. I know this because I have kept all my bills for when my finacial situation got better.
I had reported them to the BBB, FTC and attorney general, shortly after that they drop off a summons at a wrong work location. The manager called me where I do work to let me know. How embarrassing!! I had given them my current address, why did they drop it off there? And they chose to file in a court that is outside my county. They did not attach any proof to the summons or the bogus account number.
I filed an answer to their summons and a fee waiver. I did not qualify for the fee waiver because I had listed my Fiance's income. He is not able to help me as he is struggling with his own finances which I had attached to the fee waiver explaining this. Now I have to go through the process of asking for a court day to waive the fees. I could not afford a lawyer and I could not qualify for free legal aid due to this same reason.
I am also frustrated, they did not want to send proof and they know I have nothing to take, but it seems to me like they are seeking a default judgement so they can own me for the rest of my life for an amount I don't even owe. I do think it is an abuse of the court system and I am very much against lawsuits so I refuse to enter into any kind of counter-lawsuit. I just hope enough people don't fall victim and report them. I want to pay back my debts, but not like this! :(