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Anyone been sued by a debt collector?

 
Anonymous Coward
User ID: 1811708
United States
08/19/2015 02:05 PM
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Anyone been sued by a debt collector?
I'm going to small claims trial in 6 weeks, wondering if anyone else out there has taken on these people and won?
Anonymous Coward
User ID: 48279663
United States
08/19/2015 02:06 PM
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Re: Anyone been sued by a debt collector?
paperwork, recordings, etc. to disprove their BS.. or actually pay what you owe.
Anonymous Coward
User ID: 70094477
United States
08/19/2015 02:06 PM
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Re: Anyone been sued by a debt collector?
You win by ignoring them for 7 years (gets erased) or filing for bankruptcy before they file.
Anonymous Coward (OP)
User ID: 1811708
United States
08/19/2015 02:08 PM
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Re: Anyone been sued by a debt collector?
Well they have already sued me - I had the pre trial hearing yesterday and their attorney had no legal evidence at the time.
Anonymous Coward (OP)
User ID: 1811708
United States
08/19/2015 02:08 PM
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Re: Anyone been sued by a debt collector?
paperwork, recordings, etc. to disprove their BS.. or actually pay what you owe.
 Quoting: Anonymous Coward 48279663


I don't owe them anything, it is a third party not the original creditor
Anonymous Coward
User ID: 69989306
United States
08/19/2015 02:09 PM
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Re: Anyone been sued by a debt collector?
I'm going to small claims trial in 6 weeks, wondering if anyone else out there has taken on these people and won?
 Quoting: Anonymous Coward 1811708


I've won multiple cases...never lost. I'm not a lawyer

Last case the person I was assisting went to trial and WON. Had never been in a courtroom before and scared shitless.

She won, tho. She didn't really have to do anything except show up...once the paperwork is done
Anonymous Coward
User ID: 69989306
United States
08/19/2015 02:09 PM
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Re: Anyone been sued by a debt collector?
These things should never get to hearing state. Just don't ignore the original notice(s)
Anonymous Coward (OP)
User ID: 1811708
United States
08/19/2015 02:11 PM
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Re: Anyone been sued by a debt collector?
These things should never get to hearing state. Just don't ignore the original notice(s)
 Quoting: Anonymous Coward 69989306


I know that now, I'm thinking they wouldnt have sued me if I had asked for validation
Anonymous Coward
User ID: 69989306
United States
08/19/2015 02:14 PM
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Re: Anyone been sued by a debt collector?
These things should never get to hearing state. Just don't ignore the original notice(s)
 Quoting: Anonymous Coward 69989306


I know that now, I'm thinking they wouldnt have sued me if I had asked for validation
 Quoting: Anonymous Coward 1811708


Plan on 3-4 jerk around court dates followed by a massive win...by YOU.
Anonymous Coward
User ID: 47524196
United States
08/19/2015 02:16 PM
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Re: Anyone been sued by a debt collector?
Yes, give all of your assets to charity, and quit your job. Then they won't be able to collect a dime.
Anonymous Coward (OP)
User ID: 1811708
United States
08/19/2015 02:17 PM
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Re: Anyone been sued by a debt collector?
These things should never get to hearing state. Just don't ignore the original notice(s)
 Quoting: Anonymous Coward 69989306


I know that now, I'm thinking they wouldnt have sued me if I had asked for validation
 Quoting: Anonymous Coward 1811708


Plan on 3-4 jerk around court dates followed by a massive win...by YOU.
 Quoting: Anonymous Coward 69989306


Hopefully! The plaintiff wasn't too pleased that I wanted to see proof, what he had was not proof..
Anonymous Coward
User ID: 2226485
United States
08/19/2015 02:24 PM
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Re: Anyone been sued by a debt collector?
if the debt was taken over force the original creditor to provider proof.
Anonymous Coward
User ID: 36245460
United States
08/19/2015 02:35 PM
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Re: Anyone been sued by a debt collector?
Just showing up for the court hearing is half your battle.
Most of the judgments we get are signed because the judge got miffed at the defendant for not appearing.
Anonymous Coward
User ID: 69989306
United States
08/19/2015 02:37 PM
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Re: Anyone been sued by a debt collector?
Just showing up for the court hearing is half your battle.
Most of the judgments we get are signed because the judge got miffed at the defendant for not appearing.
 Quoting: Anonymous Coward 36245460


WRONG...it's all the battle. THEY have to prove YOU owe the coin...and they CAN'T lol.
Anonymous Coward
User ID: 12630340
United States
08/19/2015 02:38 PM
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Re: Anyone been sued by a debt collector?
No I have not.

Let me explain - I went through a VERY bad period in my life several years ago, where I ended up in all kinds of really bad debt. Mostly consumer, unsecured - crap like payday loans, storefront installment loans. Anything I could do to get quick cash. I know for a fact I had over 20 of these, possibly as many as 50 from lenders online, local stores, etc. So many I honestly could not even keep up. I never repaid ANY of them. Literally none. I wanted to... but I never had the money to stay afloat with my basic bills, much less repay creditors. The collection calls were really bad for a while and then they all eventually went away.

Now, several years later, I have my head screwed on, got my shit together, and my finances are in order. It was a terrible time in my life and yes, I regret it. I'm definitely NOT condoning skipping out on loans. But, I can honestly say I was never sued. With things like mine, small loans $200-$1K, and my obvious insolvency, it just wasn't worthwhile for the creditors.

Now, if your debt was medical, secured (like a car title loans) or possibly something like a credit card, I do think there is a much higher chance of a suit.

I wish I had some advice for you. Keep us posted & good luck!
Anonymous Coward
User ID: 12630340
United States
08/19/2015 02:41 PM
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Re: Anyone been sued by a debt collector?
Also I would strongly suggest visiting another forum called Debt Consolidation Care Community forums. I'm not sure I am allowed to post a link here directly to their site. But it is a user forum that deals with only these types of issues. They can be a HUGE help to you. They definitely helped me when I was dealing with my various financial problems.

If the collection agency isn't licensed in your state or cannot prove you owe the debt & they have legal right to collect it - they don't have a case.

Again I am not condoning skipping out on bills, but there are a LOT of scam collection agencies out there.
Anonymous Coward
User ID: 1288466
Canada
08/19/2015 02:43 PM
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Re: Anyone been sued by a debt collector?
Tell the judge that you are there to settle any true and verifiable debt that you owe the plaintiff. If the plaintiff can provide a written document or produce a witness who will swear under oath that you had a contract with them, then you will be more than happy to provide remedy. Since there is no contract with them, the judge should dismiss (but this is not a guarantee). I am not a lawyer and this is not legal advice.
Anonymous Coward
User ID: 37449803
United States
08/19/2015 02:46 PM
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Re: Anyone been sued by a debt collector?
You win by ignoring them for 7 years (gets erased) or filing for bankruptcy before they file.
 Quoting: Anonymous Coward 70094477


hesright
Anonymous Coward
User ID: 1288466
Canada
08/19/2015 02:48 PM
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Re: Anyone been sued by a debt collector?
Tell the judge that you are there to settle any true and verifiable debt that you owe the plaintiff. If the plaintiff can provide a written document or produce a witness who will swear under oath that you had a contract with them, then you will be more than happy to provide remedy. Since there is no contract with them, the judge should dismiss (but this is not a guarantee). I am not a lawyer and this is not legal advice.
 Quoting: Anonymous Coward 1288466


I also believe that someone must speak the claim on the stand under oath and you are entitled to face and cross examine your accuser. The attorney can not make the claim with first hand knowledge. Perhaps you can call the attorney to the stand to verify the claim. Also make sure there is a court record as you require the ability to appeal the verdict. I verdict that is not based on a verbal affirmation of the claim against you is a void judgment. Again I am not a lawyer and this is not legal advice.
Anonymous Coward
User ID: 66074974
United States
08/19/2015 02:58 PM
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Re: Anyone been sued by a debt collector?
Odd, I just got a check from a class action lawsuit against Asset Acceptance , 118.00.It was from them trying to collect on a debt beyond the legal time period.
Anonymous Coward
User ID: 67571531
United States
08/19/2015 03:02 PM
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Re: Anyone been sued by a debt collector?
Yes, give all of your assets to charity, and quit your job. Then they won't be able to collect a dime.
 Quoting: Anonymous Coward 47524196

No, but they can force you to come into court every other month and bug the hell out of you. They did this to me.

When my husband and I were younger and the kids were younger we had some unpaid medical bills. It was turned into a collection agency and we decided to file for bankruptcy. Our wonderful lawyer told us it would be cheaper if my husband filed. He said it wasn't necessary for me to file because I was a stay at home mom. Soon after the bankruptcy was completed I was ordered into court. The guy that owned the collection agency was there and he was pissed. He told me if I ever started working he was going to come after me.

Never heard from them again for 14 year and then I got a notic3e from the courts about this debt. I was really sick at this time and was unable to work. They made me come in once every other month. I had to sit there and take the abuse of their asshole lawyer every other month for 2 years.

The economy tanked and we decided to move out of state. I filed a notice with the courts informing them about our move. I had one more court appointment and they had obviously informed the collection agency about our move because the lawyer was being an extra dick as soon as I walked in the door. I informed him of the move and he went ahead and scheduled another court appointment with me. I told him I would be living over 1000 miles away and would not be able to make the appointment. He said I wouldn't have to keep the appointment if I just paid a couple of dollars a week. Everyone advised me not to pay them anything so I didn't.

We moved out of state and a few months later I had a dream that they had a warrant out for me. I was still living out of state at this time. Anyway, I got online and sure enough, there was a bench warrant out for me for missing that court appointment.

I still don't know how to handle it. I don't have the money for a lawyer right now. I'm undergoing treatment for my illness and that's where all our extra money goes these days.

People always say they can't do anything after 7 years, but it was 14 years before I heard from them. I had a phone conversation with some agency who gives advice for free that I found online, and he said I was still obligated to pay it, even though it has been 14 years.
Anonymous Coward
User ID: 1073423
United Kingdom
08/19/2015 03:04 PM
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Re: Anyone been sued by a debt collector?
when they bought your debt off whoever you owed it to (pennies on the $), they took the risk it might not be payed back

you see, you might have a contract with your original creditor, but they can't sell your debt on to a third party not involved in that contract without your consent ... & they know this

they paid it off when they bought it

point this fact out to the Judge


thank them and move on



burnit
a passing cloud

User ID: 68886655
United States
08/20/2015 01:45 AM

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Re: Anyone been sued by a debt collector?
don't make the mistake of acknowledging the debt...even on the phone with some collector. that makes you legally liable...
why did i send myself to this world?? there must have been a reason.
Anonymous Coward
User ID: 44644874
United States
08/21/2015 10:58 AM
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Re: Anyone been sued by a debt collector?
don't make the mistake of acknowledging the debt...even on the phone with some collector. that makes you legally liable...
 Quoting: a passing cloud


Very important. Of the few who show up on these kind of cases, almost all of them become their enemies competent fact witness. Ince you admit to the debt, it is game over.

Neither admit or dent....strict proof required.





GLP