Dealing with idiots

You will have one heck of a case on your hands, I would go for civil action, they would. Have you consulted an attorney on this?

If you threaten legal action yhey will probably drop the case. It is your decision to pursue or not after that.

Well I told trans-union why I disputed the collection agency on my credit report and what acc# it is supposed to be tied to. It sucks cause I can't send in my answer now without the investigation results from them. I won't get that till about 3 days before the trial. I can however turn in my answer the day of the trial but that just makes things run on longer.

I haven't consulted an attorney on this. I will however need to get one if it gets transferred because of the civil rules of procedure which I am unfamiliar with and I don't want to lose my case. I am wondering if I should just wait because according to the fdcpa, you have one year to file a lawsuit against a debt collector. If the clerk magistrate does end up believing my information and it goes in my favor, the debt collector cannot attempt to collect in any court ever again on the alleged debt. They also can't appeal if they decide in my favor. I will then be able to prepare my case on that ruling and have better grounds for a lawsuit against them. What do you think about that?

What I am wondering since the debt isn't yours and you have to miss work and go through all this aggravation shouldn't you have the right to recoup your loses? Not only that but if you get an atty you will have those fees also. I would definately seek a refund if I had to go through all that. Let us know how your doing..Good luck.

Sounds like a mess...just curious, if the debt isnt yours, did you request validation?

I was never given the right to request validation. The only letter I ever received was from the attorney and they are debt collectors.It didn't have the disclosure giving me the 30 day right to dispute. Which is another thing I have on them.

I also got in the mail today from trans union, the investigation report. instead of having a date placed for collection of 5/2006 it now shows 12/1999. I don't understand how it can show that but with the credit card statement the debt collector attorney gave me shows charge off date of 1/2005.

The original Credit card company is not on my credit report.
The collection agency is on my credit report. none of the information matches up. It is driving me nuts.

Well if it isn't yours then it shouldn't show up at all on your CBR period. One of the steps you would need to take to get this fixed is to file a police report. You have to do more than say over the phone or by mail, it isn't mine.

I just got off the phone with Trans-union and the debt collector verified the account after I disputed it again. They only verified it by name address and SS#. They never even provided a date of collection to Trans-union so the date of collection is unknown.

She said I could report them to the BBB or file a police report.

if they didnt provide complete information to TU about this account, then they just violated the FCRA--they MUST furnish a complete and accurate report to the credit bureaus. They cannot just leave things like dates blank.

What you need to do is present the info to the court, and file motion for discovery--force them to prove it is yours. By law, they made the allegation when they sued you, so the burden of proof is on them, not you. however, I would not wait for them to do anything--I would present the contradictory information to the court that they themselves have furnished to the CB. If they are reporting all these different dates, there is no excuse at all for it, and it is probably a good indication that something else is wrong with their case--for example, if the date of delinquency really is from 1999 then in just about every state this debt would be past the SOL anyways. Thats a common thing--CA's often try to re-age the debt to try to get around the SOL.

I disputed it with trans union and the attorneys initial contact with me was an outdated credit card statement. after they verified it with trans union is when they filed suit against me. By right, aren't they supposed to get proof from the original creditor? I noticed on the paper they sent me was printed in 2005.

By right, in that initial communication, even though they said it was verification, it was not from the original creditor so that is a violation. Second they failed to provide me with my rights under 1692g(a)(3)(4). 30day dispute notice. That should be a violation also right?

OK How do you prove a collection agency is NOT an assignee? They listed themselves as an assignee and I know they got this debt from another debt collector who never contacted me. I think that debt collector sold it to them because they knew they couldn't collect on it.

I noticed another sneaky thing they are trying to pull. Small claims is $2,000 so that right there is dismissed for improper venue because they claim I owe more. What they said in the letter sent on 04/07/08 is I can settle the REMAINING balance, of about a $1,000 for a significant discount. If I fail to comply that offer will be revoked.

So they try to sneak around the small claims limit in my state, I caught them. Now they try to collect on the rest, is that legal?

VERY sneaky..I agree guest!

I am sending a validation letter out. If it wasn't for the people here, I would have never known I had that right. They also never gave me that right in the initial communication. What they are trying to do now is have it transferred to civil docket. It saves them a lot of money. It only costs $40 for Small claims and a transfer is free. If they filed in civil court to begin with, I think it would have cost them around $350.

If you wanted to make them suffer slightly you could have waited for the court date and motion for dismissal based on the grounds to improper venue. Just to aggravate them.

Well they are sending a letter to the court because they realized they needed discovery as it isn't allowed in small claims and want the transfer. Also they said they are going to seek the full amount. I know I read the small claims procedure and only in certain situations do they allow transfer. So I have to mail in my motion to deny the transfer and motion to dismiss for improper venue. These are people who file 5,000+ lawsuits a year and win 80% of the time because no one shows or fights back. I got a few other tricks up my sleeve, hopefully they will work.

Here is an excerpt of items from my debt validation letter. You can request them in discovery:

1. What the money you say I owe is for;
2. Explain and show me how you calculated what you say I owe;
3. Provide me with copies of any papers that show I agreed to pay what you say I owe;
4. Provide a verification or copy of any judgment if applicable;
5. Identify the original creditor;
6. Prove the Statute of Limitations has not expired on this account
7. Show me that you are licensed to collect in my state
8. Provide me with your license numbers and Registered Agent
9. Proof that the collection company owns the debt/or has been assigned the debt. (You are legally entitled to collect this particular debt from me.) This is basic contract law.
10. Complete payment history, starting with the original creditor. (I need to have proof of my payment history with original Creditor, what the amount of the debt was when the creditor assigned the debt to your company, and what fees/interest has been tacked on to this debt and how you/they determined these fees.) This requirement was established by the case Fields v. Wilber Law Firm, Donald L. Wilber and Kenneth Wilber, USCA-02-C-0072, 7th Circuit Court, Sept 2004..
11. Copy of the original signed loan agreement or credit card application. (My contract with the original creditor establishing the debt between us.) This is also basic contract law.

If they cannot provide these then simply motion to dismiss the case with prejudice. However I would suggest going into this with legal council.

If this debt isnt yours, then why go through all of this? FYI posted some very sage advice with regard to filing a police report, etc.

How is this not your debt? Just wondering what you mean by that.

I had an emerge credit card at the same time with almost identical credit card numbers. I think they mixed up my information with someone else and put my name on someone else's debt by mistake. I had a crazy girlfriend around 2002 and I won powerball in 2002 and she made me pay off all my bills. It is also not on any of my credit reports and none of the credit report companies have any record of it. If it was mine and charged off in 2005, It is a major credit card company and would be on my credit report as a charge off or at least be on my credit report in general.

OK, my investigation results came back from Experian also. It ended up being the same as Trans Union. The thing that is bugging me is they had before the date the account was opened was 5/2006. Now I look at my Experian credit report and the date account opened is 12/1999 and says collections. No date of delinquency is known. These SOB's are really pissing me off and they have nothing saying it's mine and are still reporting after I disputed it.

When was the first date of delinquency?

The reason I ask this is because if it's been more than 7 years plus 180 days then it shouldn't be on your credit report anymore.

Thats what I have been trying to figure out. The original account is not on my credit report and they have no record of it. I asked Trans Union about the Debt collector on my credit report and they never reported a date of delinquency. The supposed credit card statement sent to me by the debt collector says 01/2005 for charge off. They are missing over 2 years of information from 1999-2002, when the credit card was supposedly opened. Only 4 ATM withdrawals are shown for about $50 each. All the rest of the information is late fees and small payments. Only at the end of the statement was there over limit charges. It seems seriously manufactured. I have no recollection of this card and if I did have it, it would have been paid off in 2002. I was working 3 jobs making $60,000 that year with no other bills. I lived at home with my parents.

Again, if it hasn't at any time in your life EVER been your debt then go to the police and file a police report. It is the FIRST step you are going to need to take to get this resolved.

OK I sent a debt validation letter provided by this site. They are charging 18% interest when in my state the maximum allowed is 12%. They don't have a copy of the original agreement so there is no way they can charge the higher amount. They sent me another copy of the same credit card statement dated 04/2005. They received the file on 05/2006.

The other paper has my name, address, phone number, last 4 of my SS#, credit card number, date account opened and date charged off. Also there is a seller ID# and the charge off amount. That is all they sent me. They charged over $20 in interest in a matter of 20 days.

I go to court next week on this so hopefully the court will be fair and not side with these liars.

Something else I did was I called the original creditor. I couldn't get a live person and it was automated. When I punched in the credit card number, It said it was sold to Global Acceptance Credit Company.

That is not the company who is suing me. GACC sold it to the company who is suing me and they are claiming they are the Assignee of compucredit. I thought in order to be an assignee, you had to pick up the debt before it was in default. Does anyone know?

Look through my signature link to find my debt validation letter template. Request those documents during discovery. If they can't validate (especially if they don't have the contract) then there is nothing they can present showing without doubt that you owe a debt.

It's all ready to go for Friday, thanks JCEMT. We will see what happens.

I just got a letter in the mail today and now they are filing a voluntary dismissal without prejudice. I sent the DV letter over a week ago and now they can't file it in court again until it is validated, right?

The court has the DV letter also and I stated to the court they violated my rights on DV and that they cannot sue me again till its validated.

Sound about right to you?

They are dropping the case according to the letter. I would still show up in court with that letter just to make sure they are doing what they said and it is not some sort of trick. I would put nothing past any CA.

Way ahead of you. The court never received anything stating the dismissal. I figured right away it was probably only sent to me and is an attempt to try and get a default judgment against me. Unless I hear from the court, I am still going to show up.

OK maby someone knows better. I was reading Rule 41
of the civil rules of procedure:


RULE 41. DISMISSAL OF ACTIONS

(a) Voluntary Dismissal: Effect Thereof.

(1) By Plaintiff; By Stipulation. Subject to the provisions of these rules and of any statute of this Commonwealth, an action may be dismissed by the plaintiff without order of court (i) by filing a notice of dismissal at any time before service by the adverse party of an answer or of a motion for summary judgment, whichever first occurs, or (ii) by filing a stipulation of dismissal signed by all parties who have appeared in the action. Unless otherwise stated in the notice of dismissal or stipulation, the dismissal is without prejudice, except that a notice of dismissal operates as an adjudication upon the merits when filed by a plaintiff who has once dismissed in any court of the United States or of this or any other state an action based on or including the same claim.

So does this mean that since I filed an answer before they motion for dismissal, they cannot motion for voluntary dismissal? I am just wondering if I can turn around and motion for dismissal with prejudice. They got my answer as disputed way before they sent me the letter asking for a dismissal. The court still does not have that letter of dismissal though.

I called the court house today and they said the plaintiff filed a dismissal. I asked if I still had to go and she wouldn't give me an answer. Should I still go?

I also asked her if they can dismiss after I have filed an answer and she said it doesn't matter and said where the hell did I get that idea. She said I never filed an answer but I did and they have the letter. She said I put disputed and about 2 pages worth of stuff but doesn't consider it an answer?????? WTF.

OK I just got a call from the attorney. I called back and she said she was calling to set up payment today for my account. I told her it's not mine and she kind of chuckled.

I told her I sent the debt validation letter and they received it on April 28th. She said Debt Validation? I don't know what that means? I said OK and hung up on her.

I sent it certified return receipt. I checked the tracking number online and it says delivered but I never got the green card back. Does that mean the green card got lost in the mail or did they even check their mail yet? I don't know what to do right now and I am getting aggravated.

First, print out the page from the USPS website saying that it was received for later reference.

Second, court clerk staff cannot give legal advice (ie should I go?) so that is not unusual. Plan on going to court on the date but check with the court every couple of days to see if the case is still scheduled. If the date is still on go if it is not call the court and find out why it was canceled.

I am still going to go tomorrow. I am at a friends house who is only 1 mile away from the court house. I printed up the confirmation from USPS.

I find it really disturbing that the lady I spoke to at the law firm is the same person who is an employee at the debt collector company. both companies work out of the same address.

How can she not know what a debt validation letter is? she played totally dumb on the phone and said they didn't get anything from me. I must have them on over 25 violations of the fdcpa about 15 FCRA violations and my state debt laws.

Something sounds fishy here. The attorney is also works as a debt collector at the CA they are representing? Sounds to me like this person may not be an attorney. That and if she were a half decent attorney she would know about validation as well as other fields of law applicable to the client she represents (FDCPA/FCRA) Like I said, sounds kinda fishy.

Well when they called me, it was an automated message with a guys voice and a womans voice giving the file number,odd. When I called, I didn't speak to the attorney, I spoke to sheila who is an employee of the debt collector. Her and the attorney are or used to be employees of the debt collector and he has been in business since 1999. So yes it does sound fishy that sheila doesn't know what debt validation is. Even the attorney should know the fdcpa because on the bottom of her letters is the mini-meranda pertaining to debt collectors.

I could have filed a counterclaim and got $6,000, $2,000 plus treble damages but there was more than $2,000 in FCRA violations so I figured I would just wait and get an attorney to fight them in federal court. Thats the smart thing to do, right?

I just got back from the court house. The girl there is like, I told you it was dismissed. I asked to see the forms I sent and they have the debt validation letter I sent to the court house. So now they can't file a suit until they validate it, right?

OK I just looked at my credit report on experian AGAIN. They have now changed the date of delinquency back to 5/2006. They got my DV letter on 04/28/08 and they reported the info on 05/2008 so that would be continuing collections. They are also changing the amount owed, adding interest. How the hell can they get away with changing a date? it went from 5/06 I disputed it then it went to 12/1999 and now back to 5/2006.

I also got a updated credit report from trans union in the mail today and it is still showing the debt collector but it says open account but says account closed 04/2008? What does that mean? Does that mean they are not going to try to collect on it anymore and probably sell it? They motioned to dismiss in April so I don't know whats going on.

All I can say here is subpoena deus tecum. They are trying to play some kind of odd illegal shell game with you with tons of white out and writing in whatever they want as far as their records go so I think if they want to continue this lawsuit then you need to call their bluff and make them lay it all down on the table.

Well I got the Judgment Of Dismissal from the courthouse in the mail today. For them to file it again they need approval from the court and good cause shown. Should I mail a copy to the 3 credit bureaus and a letter to have them removed from my credit report?

if the case was dismissed, by the Courts, THEMSELVES, then i would think that they could NOT try to file for the SAME thing. I mean...in my opionion, that would trying to convict someone on a charge, a SECOND time, when they were found NOT guilty the FIRST time. Make sense? Not an 'expert...just seems that way to me.

It never went to trial. The plaintiff sent a voluntary dismissal without prejudice 3 days before the trial.
I think you are right though as they said they dismiss me from all charges and allegations. It is almost like
Double Jeopardy.

first, I believe, Double Jeporady only applies in criminal cases.
second, if the case is dismissed prior to a verdict charges can be re-filed, that is what they are doing with Barry Bonds after the judged dismissed most of the charges.

OK I don't get it. I got a judgment of dismissal but the law office called my house again to day at 3:39 pm. Do they think they re going to keep bugging me on this? Should I send ANOTHER debt validation letter? I sent one over a week ago.

did you get the receipt from the DV and C&D letter.if so it is time to look into taking action against this so called law office.don't know if filing FTC,AG complaints is the way to go,or find an attorney in your area.my opinion,but this is getting ridiculous.

I am going to call the office tomorrow to put another violation on the list. I will tell them I am recording and ask what they want. If they say anything about a payment, I will tell them they got the DV letter on April 28th and tell them that they just violated the fdcpa. See what they have to say about that,lol.

I forgot to send the C&D letter part but I am going to mail that out too. I got the confirmation for the DV letter and the court has records also.