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Knowledge440
Joined: 28 Oct 2009
Knowledge440's page
Posts: 7
153 Magic Points
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Subject: Sued By Debt Collection Agency
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Wed Oct 28, 2009 7:47 am
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| Got a letter from a debt collection agency, answered the summons, showed up in court on the day of the bench trial, when my name was called, answered, they never showed up. Case & any law counterclaims were discontinued without prejudiced & without costs to either side. What does this mean, & why didn't they show up especially after all the threatening letters about suing me. |
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fireyone
Joined: 26 Feb 2008
fireyone's page
Posts: 4493
8662 Magic Points
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Wed Oct 28, 2009 9:45 am
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HI Knowledge,
Sometimes collection agencies will threaten and even file suit and then not show up at the court hearing. Going to court can be very costly to a collector and they may not have had enough evidence to feel they would win. It sounds as if the case was dismissed without placing any fault on either party. I am not sure if they can legally come back and take you to court again. Maybe someone here will know how this exactly works. |
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FreedomDM
Joined: 28 Oct 2009
FreedomDM's page
Posts: 71
Location: Florida
1569 Magic Points
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Subject: to further
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Wed Oct 28, 2009 7:36 pm
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You may also now be in a position to dispute the debt via a credit reporting agency, noting that a suit was filed and no-one showed to claim or pursue. You can obtain a free credit report (no credit card info needed) at "http://www.annualcreditreport.com". We are not affiliated with them by any means but send our clients there on a regular because they provide a true free credit report- just dont request the numeric FICO score. Any other questions feel free. Good Luck!
_________________
Michael J Brazier
Non-Profit Budget Counseling |
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fireyone
Joined: 26 Feb 2008
fireyone's page
Posts: 4493
8662 Magic Points
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Thu Oct 29, 2009 2:21 am
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| Knowledge, I would definately file the dispute. I had a friend go through this very same thing. She has been waiting for two years for hers to even see a court room. The collection agency filed suit but no one has scheduled a hearing or anything. I would imagine some kind of law has to be against this and there would be a way to get it dismissed. |
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Knowledge440
Joined: 28 Oct 2009
Knowledge440's page
Posts: 7
153 Magic Points
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Subject: Sued By Debt Collection Agency
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Thu Oct 29, 2009 2:50 am
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| Thanks to all who replied. I was thinking of doing that. I think they were hoping to get a default judgemnt. I answered their summons and showed up for the bench trial, most people don't do that & lose by default. This is how they win their cases. |
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Justin
Joined: 17 Jul 2006
Justin's page
Posts: 1298
28935 Magic Points
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Knowledge440
Joined: 28 Oct 2009
Knowledge440's page
Posts: 7
153 Magic Points
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Subject: Sued By Debt Collection Agency
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Thu Oct 29, 2009 6:27 am
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| Thank-you Justin, I will do that. |
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Justin
Joined: 17 Jul 2006
Justin's page
Posts: 1298
28935 Magic Points
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Thu Oct 29, 2009 8:52 am
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Hi,
You are most welcome. After all we all are here to discuss our credit related problems. Do this and let us know if there is anything more to your situation.
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All the Best 
Justin |
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fireyone
Joined: 26 Feb 2008
fireyone's page
Posts: 4493
8662 Magic Points
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Thu Oct 29, 2009 12:48 pm
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| If along the lines you are in need of any more help just come back and visit the credit magic forum. Bookmark us that way we will always be easy to find. You can also choose to join the community if you wish. It is free to join and there is so much to learn. Good Luck. |
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goodnatured
Joined: 03 Nov 2007
goodnatured's page
Posts: 3996
1079 Magic Points
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Thu Oct 29, 2009 11:04 pm
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| Best thing to do is to figure out how to fight them and follow through, I would never let a debt collector win by not showing up, what do you have to lose. You may as well show up and state your case. |
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fireyone
Joined: 26 Feb 2008
fireyone's page
Posts: 4493
8662 Magic Points
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Sat Oct 31, 2009 1:48 am
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| Thats is what Justin was saying. Most of these companies will call and call. They threaten and harasss and this scares people. When the time of the hearing comes they think they will get the default verdict becuase they have put the fear in people. I would think that in order for themt o get a default verdict in this posters case they would have had to be the ones to show. Wonder what happens if neither party shows? Who wins or is it dropped or maybe rescheduled? |
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Knowledge440
Joined: 28 Oct 2009
Knowledge440's page
Posts: 7
153 Magic Points
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Subject: Sued By Debt Collection Agency
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Sun Nov 01, 2009 1:08 am
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| I wondered too what would have happened if neither party showed. I came to court because if I didn't show, they would have gotten the default judgment. They were the ones who did not show. The case was discontinued (disposed) .This is how they won most of their cases. |
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goodnatured
Joined: 03 Nov 2007
goodnatured's page
Posts: 3996
1079 Magic Points
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Sun Nov 01, 2009 1:25 pm
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| Have you heard anymore from your problem caller for collections fireyone? |
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fireyone
Joined: 26 Feb 2008
fireyone's page
Posts: 4493
8662 Magic Points
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Mon Nov 02, 2009 12:56 am
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| No not yet. They informed me they legally had two months to supply me with validation (by law). I keep being told as an authorized user I am not responsible so I am just nervously waiting for anymore contact. They told me on the phone when they first contacted me I paid on this account up until Nov. 2005 (still can not find it anywhere) so I do not know since this is now Nov. if it is considered past stautes or if they filed something and I have not heard yet. The validation letter said they were suppose to stop all collection and legal efforts until the debt was validated but I don;t know if they have to go by what the letter says. Guess I will wait and see. Still can not see how this is even going on with me only an AU. |
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atxchick
Guest
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Subject: Help!
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Mon Dec 07, 2009 7:26 pm
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| I have some private student loans that are in collections and obviously cannot pay in full, I'm assuming they'll file a lawsuit...is this what happened to you Knowledge? Or does anyone have any info regarding this type of situation? I have read that since it's a student loan even though it is uninsured that it cannot be handled by consumer credit or bankruptcy. Any info or links to info would be greatly appreciated! |
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