Collection Company Denied !

[Harbin Profile]

Good news in the mail !

Several months ago I was sued by a junk debt buyer. It seems an old credit card had sold my delinquent account to a junk debt buyer.

(Hey, I'm in construction, times have been tough for four years now, should have gone into banking.)

My first mistake was to actually talk to the junk debt buyer when they called me. You don't have to talk to anyone who calls you on the phone, you don't even have to be polite or say anything at all. If you do talk, certainly don't help them, "verify", that you are so and so and that you live at such and such... it's a setup.

Anyway, one day the junk debt buyer, called and I was in a mood and told them to go fuck themselves.
Well, they decided to step it up a notch and sue me. They could do do this because why, you guessed it, I talked to them about the account in failed test 1.

A summons arrived to appear in court. I decided to fight this thievery !

There in debt court, there were several other persons including myself. Before the judge appears in the courtroom, the court plays a game.
An offer is made to the defendants present, to come to an agreement with the plaintiff. If the defendant accepts, a deal to pay is made through a professional mediator, who gets a fee for service.

Also a mild threat is made here. It is said that, "if you do not choose to mediate, we might not be able to hear your case today." Implying another trip to court at a later date and the hassle that involves.

Surprisingly, or not, everyone...EVERYONE, chooses mediation over standing trial, you know fighting for their rights ?
Everyone but myself and another party, which made me feel a bit better for a few minutes. But she, instead of fighting, threw herself on the mercy of the court when she got the opportunity to stand before the judge, and went into mediation....


So...

Now it's just myself and the officers of the court. Judge, his secretary, bailiff and that little douchebag lawyer.

I pitch my defense, there are many things said. I should have talked less. It looked as though I was winning, when the judge makes on offer to the plaintiff and gave him, ( remember the people in the profession are very nice to each other ), 10 days to come up with the evidence HE requires to win his case.
The judge asked me if I agree to this.
And I did...

ugh...big mistake. The plaintiff did NOT have what he needed and I should have called for dismissal.

I had the case won, and I blew it ! doh !

So now it's all done in the mail. Plaintiff makes some BS summation, and I make rebuttal.

Judge sends an order to the plaintiff, ( I get a copy, that's how it's done ), for real evidence. Plaintiff fails.

Just received a letter of dismissal !

Win !


There are ways to fight debt collection, and it can be found on the web. You can fight, without a lawyer and win. And if you keep your head in court, you can end it right there !

[99socks Profile]

There are ways to fight debt collection, and it can be found on the web. You can fight, without a lawyer and win. And if you keep your head in court, you can end it right there !

Congratulations!

There are also ways to beat the credit bureaus and the mortgage lenders....

[Hackjames Profile]

That's what I like to hear. :]

There are ways to deal with any problem involving government, going through the motions is often enough as long as you're not afraid of potential consequences. Glad things worked out for you.

Are you planning to retaliate against the assholes who soaked up so much of your time?

[Harbin Profile]

That's what I like to hear. :]

There are ways to deal with any problem involving government, going through the motions is often enough as long as you're not afraid of potential consequences. Glad things worked out for you.

Are you planning to retaliate against the assholes who soaked up so much of your time?

As I did not see or record them doing anything illegal, there is no apparent redress for my time.

[Phaeton Profile]

Kickass Harbin, well done man.