Debtconsolidationcare.com - the USA consumer forum

Dealing with idiots

Date: Mon, 04/21/2008 - 07:06

Submitted by anonymous
on Mon, 04/21/2008 - 07:06

Posts: 202330 Credits: [Donate]

Total Replies: 58


Ok I have been sued on a debt that isn't mine. The original account is not on my credit report and there is no record of it. I disputed it with trans-union and the 30 days is up on the 24th. I talked to them the other day and they said the company still hasn't responded yet and I will receive the outcome in the mail. Now if it comes back that they couldn't verify it and it is removed from my credit report, how would that look in court against the debt collector? Also, if I countersue them, should I just go for the small claims limit or should I pursue it further in civil court? I am just wondering if they will try to settle before it goes thru if I push them or if they will put up a fight. I have all my evidence that it's not mine and they still fail to drop the suit.


I may just file it in Small Claims court in a few months. If I can get the $1,000 in violations from the debt collector and $1,000 in violations from the Attorney that would be $2,000. $40 to file it. Then I can ask for treble damages and get $6,000 and ask the court to have them be removed from my credit report. This is the quick solution and I used 2 print cartridges and a whole stack of paper so I can nail their****.

The attorney general has been investigating the CA in the past. The attorney I don't know if she is innocent in all this as she is a new attorney. only started her business about a year ago. But the CA owner is not well liked in most of the courts for his practices anyway. I may go down next week and get the forms.


[color=Red]****Adult term removed - Jason[/color]


lrhall41

Submitted by pokertramp on Sun, 05/11/2008 - 19:22

( Posts: 512 | Credits: )


They called me again today. That is 3 times.
The judgment of dismissal states:

On the above claim, the Court has dismissed this claim pursuant to USC Rule 7(b) upon plaintiff's unopposed motion or request to dismiss. This means that the defendant does not have to pay the plaintiff any part of the claim or costs in this claim.

Neither the plaintiff nor the defendant has any right of appeal from this judgment of dismissal. USC Rule 8 provides that for good reason any party may file a motion within one year of this judgment, with notice to the other parties, requesting the Court to vacate this judgment of dismissal.


Can anyone interpret this for me?


lrhall41

Submitted by on Wed, 05/14/2008 - 12:45

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I got a small tape recorder and 2 witnesses that they called 3 times now. Plus all the paperwork for other violations.

If I sue both the attorney and the debt collector in small claims, can I sue both at the same time but on separate damages?

fdcpa violations: collector $1,000
FDCPA violations: Attorney $1,000

Chapter 93A treble damages= $6,000

Understand what I am saying? This way I don't waste the courts time and file separate claims. Or if I am suing 2 different parties at the same time, would I only be entitled to $1,000 X treble damages=$3,000 for the both of them?


lrhall41

Submitted by pokertramp on Thu, 05/15/2008 - 08:28

( Posts: 512 | Credits: )