Did you request debt validation from this company? and if so did they provide it? You can request debt validation right there in the courtroom if they have not.
I would google the term motion for summary judgement for you state and see what comes up.
Yes I did ask for validation without any reply. Tomorrow morning at opening of the clerk of court office, I will be fileing for Motion to defend on the summery judgement. This will be the first motion I will be filling.
I have (3) more motions to file after that in the morning. .
Either way they will haev to validate this debt before they can collect on it. Make sure you do file the motion to defend and if they carry this all the way be sure you have proof that you asked that they varify the debt. If you can show you did then they are the ones out of luck because the decision from the judge will more than likely go in your favor. It is your right to debt validation and they can not deny you that right.
Court time was at 11:00 am ,, I stayed up most all night working on documentations and motions on the case . I did file early that morning fo motion to intent to defend-- With the root factual cause --there was no discovery process conducted in the case. This was one of three motions I filled before court.
To make it short . My court time came and I took my seat with my Sunday go to meeting clothes on :) and was groomed to the max the day before.
The judge had already reviewed my motions entered earlier that morning so I did not have to say much.
See below. Let me know what you think the outcome was. k ?
Plaintiff lawyer showed up in court with the law firms letterhead with the below.
Representing collection agency xxxxxxxxxxx
Amount of original purchased debt = xxxxxxxx
Amount of accrued interest = xxxxxxx Times the years.
Amount of Legal fees = xxxxxxxx
Amount of court fees = xxxxxxxx
Total = ------- Way inflated ---- Way inflated.
Keep in mind I did respond with an answer letter to the original complaint summons over 2 months ago .
My answer was
I do owe the ( Credit card company money) –I added the name of the original creditor. But not at the inflated rate you described in this complaint.
The above is very careful wording. I admitted to owing nothing to the collection agency.
(be careful ) .
OK – with what the law firm gave to the judge above .
I am curious of your thoughts .. If the lawyer (was very young to me) I am early 40,s.
If he would have stopped talking ,,I really think the judge may have ruled in the plantiff favor.
The lawyer started insisting that I admitted to the debt and would swear me in to admit to the same effect if the judge would allow.
I ask the judge could I respond - Judge allowed. I said I would be more than happy to swear in and swear to my answer letter if so permitted by the court. :)
Don't take me as being a aswipe here --- but I actualy was getting really amused at this point even though I was shaking like a leaf on a tree cause I probably was crossing the line with the court.
Will let you know more after I have heard your answer. K
Thanks for keeping me suspense. I am thinking the judgement went your way. Since there was no discovery process I take it that they couldn't prove you owed them the debt. I really hope you won....really can't wait to see your answer and no your not an asswipe...they are.
Well I happen to get a very wonderful Judge - Very nice, very polite and very un-bias,, His first question was to the attorney representing the collection agency. His question was,, Is this all you have?
The attorney Answered with,, this is all my client has given me your Honor.
The Judge looked at me and said ,,believe me I know what you are facing. Then turned back to the lawyer and said , since I have a reputation as being a fair judge ( I took this as not wanting to embarrass the lawyer) I am giving you 30 days to file something with more factual and legal weight , what you have presented today has no value in this court.
The judge quickly dismissed us from court.
I asked the Judge could I make one last statement before leaving. He agreed .
My state is that I have filed motion to dismiss on grounds plaintiff has no legal proof of the claim.
Judge said this would be considered, But my ruling for the 30 days of discovery stands. .
We all know he (the judge) could have dismissed the case right then and there.
Shane,
Please keep this updated, I have one that has been hanging in the wind now going on like two years. I would really like you advise on this sounds like you have done your home work. Could you tell me what resources you used to find all you legal research.
Cach llc purchased debt from providian, I was served a summons and answered it Last December 2006, still have not gone to court on it, so I get a letter from the court some time ago that an arbitration will be set up. It has been months since I got that.
I did speak to the chair person who said he will not let me get railroaded. If I have thirty days to respond to the original summons, how can they drag it out this long. Tired of having this out there. thanks in advance.
Gosh GN...you mean this nightmare still has not ended!!!!! This is uncalled for.
Shane MAc..my fingers are crossed here. I hope the debt is dismissed. It does sound to me like it will be. If they had any proper proof they would have gotten it all together before this hearing. They wouldn't have taken the chance of this happening or having it thrown out if they had a legal leg to stand on. I agree you got a really good judge but I feel it should have been dismissed right there and then . They are the ones who filed to begin with and then you had 30 days to respond. That meant they had a heck of alot of time to prepare. I would have shown them the door. PLEASE update us. I don't know why but this one really gets my attention.
I just think if they can set you on a time schedule then there needs to be a SOL to when their right to sue ends and the time clock for you begins again. I wonder still if the hold up is the debt collector or the court system. It has been displayed everywhere that PA is one of the biggest defaulted credit card states. So maybe the court system is a little..oops...a lot backed up.
I spoke to the lead attorney on the case, there will be three of them, he is the chairman, it is a simple matter of getting their schedule and mine and the collection agency all in one room together. He stated that he would not let them railroad me. I felt pretty good after I got off the phone with him.
How close was you to the SOL? Not being nosy here but do you think they the proof? What are the chances that if they do you will not have to pay $3000 on a $300 defaulted debt? Just threw out numbers there. I just hope if they do win the attys see how much crap was added to the original debt. Gosh that always gets my blood boiling.
Been 34 days now without the (J's) request for Discovery ,,only documents summited by Lawyers from plantiff was photo copies of rights to purchase all depth's from original CA for 1.2 mil .
Discovery in my favor has not been satisfied.
Will update when the final ruling has been issued by (J)
Sad part is that I did make a fair offer to them, the original debt was $2800, so I know they paid much less for it. I offered them $2000 in cash, they would not accept it, they wanted me to do a judgement by consent, but I would not. When they would not accept my offer, then I got pissed me off and I decided to fight them.
Did you request debt validation from this company? and if so did they provide it? You can request debt validation right there in the courtroom if they have not.
I would google the term motion for summary judgement for you state and see what comes up.
Thanks goodnatured - you are a coner stone of these forums
Yes I did ask for validation without any reply. Tomorrow morning at opening of the clerk of court office, I will be fileing for Motion to defend on the summery judgement. This will be the first motion I will be filling.
I have (3) more motions to file after that in the morning. .
Thanks you -- as always Shane
Either way they will haev to validate this debt before they can collect on it. Make sure you do file the motion to defend and if they carry this all the way be sure you have proof that you asked that they varify the debt. If you can show you did then they are the ones out of luck because the decision from the judge will more than likely go in your favor. It is your right to debt validation and they can not deny you that right.
Thanks Fireyone -- This will amuse you.. Did me.
Court time was at 11:00 am ,, I stayed up most all night working on documentations and motions on the case . I did file early that morning fo motion to intent to defend-- With the root factual cause --there was no discovery process conducted in the case. This was one of three motions I filled before court.
To make it short . My court time came and I took my seat with my Sunday go to meeting clothes on :) and was groomed to the max the day before.
The judge had already reviewed my motions entered earlier that morning so I did not have to say much.
See below. Let me know what you think the outcome was. k ?
Plaintiff lawyer showed up in court with the law firms letterhead with the below.
Representing collection agency xxxxxxxxxxx
Amount of original purchased debt = xxxxxxxx
Amount of accrued interest = xxxxxxx Times the years.
Amount of Legal fees = xxxxxxxx
Amount of court fees = xxxxxxxx
Total = ------- Way inflated ---- Way inflated.
Keep in mind I did respond with an answer letter to the original complaint summons over 2 months ago .
My answer was
I do owe the ( Credit card company money) –I added the name of the original creditor. But not at the inflated rate you described in this complaint.
The above is very careful wording. I admitted to owing nothing to the collection agency.
(be careful ) .
OK – with what the law firm gave to the judge above .
What happen ? J
The above is very careful wording. I admitted to owing nothi
Fireyone ,, See subject heading .
I am curious of your thoughts .. If the lawyer (was very young to me) I am early 40,s.
If he would have stopped talking ,,I really think the judge may have ruled in the plantiff favor.
The lawyer started insisting that I admitted to the debt and would swear me in to admit to the same effect if the judge would allow.
I ask the judge could I respond - Judge allowed. I said I would be more than happy to swear in and swear to my answer letter if so permitted by the court. :)
Don't take me as being a aswipe here --- but I actualy was getting really amused at this point even though I was shaking like a leaf on a tree cause I probably was crossing the line with the court.
Will let you know more after I have heard your answer. K
Thanks for keeping me suspense. I am thinking the judgement went your way. Since there was no discovery process I take it that they couldn't prove you owed them the debt. I really hope you won....really can't wait to see your answer and no your not an asswipe...they are.
To fireyone
Well I happen to get a very wonderful Judge - Very nice, very polite and very un-bias,, His first question was to the attorney representing the collection agency. His question was,, Is this all you have?
The attorney Answered with,, this is all my client has given me your Honor.
The Judge looked at me and said ,,believe me I know what you are facing. Then turned back to the lawyer and said , since I have a reputation as being a fair judge ( I took this as not wanting to embarrass the lawyer) I am giving you 30 days to file something with more factual and legal weight , what you have presented today has no value in this court.
The judge quickly dismissed us from court.
I asked the Judge could I make one last statement before leaving. He agreed .
My state is that I have filed motion to dismiss on grounds plaintiff has no legal proof of the claim.
Judge said this would be considered, But my ruling for the 30 days of discovery stands. .
We all know he (the judge) could have dismissed the case right then and there.
Thanks fireyone.
Shane,
Please keep this updated, I have one that has been hanging in the wind now going on like two years. I would really like you advise on this sounds like you have done your home work. Could you tell me what resources you used to find all you legal research.
Cach llc purchased debt from providian, I was served a summons and answered it Last December 2006, still have not gone to court on it, so I get a letter from the court some time ago that an arbitration will be set up. It has been months since I got that.
I did speak to the chair person who said he will not let me get railroaded. If I have thirty days to respond to the original summons, how can they drag it out this long. Tired of having this out there. thanks in advance.
Gosh GN...you mean this nightmare still has not ended!!!!! This is uncalled for.
Shane MAc..my fingers are crossed here. I hope the debt is dismissed. It does sound to me like it will be. If they had any proper proof they would have gotten it all together before this hearing. They wouldn't have taken the chance of this happening or having it thrown out if they had a legal leg to stand on. I agree you got a really good judge but I feel it should have been dismissed right there and then . They are the ones who filed to begin with and then you had 30 days to respond. That meant they had a heck of alot of time to prepare. I would have shown them the door. PLEASE update us. I don't know why but this one really gets my attention.
Nope still not settled, crazy huh.
I just think if they can set you on a time schedule then there needs to be a SOL to when their right to sue ends and the time clock for you begins again. I wonder still if the hold up is the debt collector or the court system. It has been displayed everywhere that PA is one of the biggest defaulted credit card states. So maybe the court system is a little..oops...a lot backed up.
I spoke to the lead attorney on the case, there will be three of them, he is the chairman, it is a simple matter of getting their schedule and mine and the collection agency all in one room together. He stated that he would not let them railroad me. I felt pretty good after I got off the phone with him.
How close was you to the SOL? Not being nosy here but do you think they the proof? What are the chances that if they do you will not have to pay $3000 on a $300 defaulted debt? Just threw out numbers there. I just hope if they do win the attys see how much crap was added to the original debt. Gosh that always gets my blood boiling.
Shane Mac
I will update soon .
Found out the (J) was watching this also.
Been 34 days now without the (J's) request for Discovery ,,only documents summited by Lawyers from plantiff was photo copies of rights to purchase all depth's from original CA for 1.2 mil .
Discovery in my favor has not been satisfied.
Will update when the final ruling has been issued by (J)
Wish me luck --- SM
Sad part is that I did make a fair offer to them, the original debt was $2800, so I know they paid much less for it. I offered them $2000 in cash, they would not accept it, they wanted me to do a judgement by consent, but I would not. When they would not accept my offer, then I got pissed me off and I decided to fight them.
Goodnatured-- Sent you a PM
I also sent a settlement request in my original answer letter on the summons complaint . The lawyers in the case also rejected my answer.
Please see my PM . K SM
llniPzKeKykBgeu
ZZ4GuM wow, awesome blog article.Much thanks again. Will read on...