Author Topic: Soliciting Comments of FDCPA Defense -Unclean Hands Theory  (Read 1229 times)

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vn1968

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Throwing this out for general discussion/comments as to whether it is a proper theory or am I way off base.  Alabama lawsuit by JDB over old alleged credit card debt.  Improper service has been pretty well established, even though I did eventually receive the Summons and Complaint.  It was served on a neighbor who gave it to me.   

     While I think I acknowledge that alleged violations of the FDCPA may not be asserted as a defense to the allegations asserted in the complaint(as to the debt itself), it seems to me that it does go to the defense of the entirety and form of the Complaint.  They have alleged Breach of Contract; Money Had and Received; and Account Stated, asking the Court, in essence, if we can't win on the first allegation, give us a judgement on the second one and if we can't win on that one, give us a judgement on the third one.  As a layperson, It would seem that the form of the filing, in it's entirety, would indicate that they are seeking a windfall, in the form of unjust enrichment.  All of that, plus violating the FDCPA, to me, would imply that they have unclean hands.  Considering, too, that they only paid about 4 cents on the dollar for the alleged debt and, on a $1000 debt, are seeking 2500% profit on their investment.  Their actual damages is the $40 they paid.  JDB's, and many attorney's who represent them, have established a pattern in courts throughout the nation of illegal behavior by filing time barred lawsuits, submitting false affidavits, etc..  It would seem, also, that by filing the way they do, they are accusing you, too, of seeking a windfall and unjust enrichment, whether they state it specifically or not.

     If Courts allow them to file Complaints as mentioned above, stating every possible claim that they might win on, in case one of them fails, then the Defendant surely has the right to raise every possible defense at their disposal.

Bruno the JDB Killer

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Re: Soliciting Comments of FDCPA Defense -Unclean Hands Theory
« Reply #1 on: May 07, 2015 07:26:47 PM »
Improper service is very weak for an FDCPA claim.

They can use as many causes of action as they want, it is up to you to strike them if you think they have no basis in law. (Don't bother, it won't work)

 Unjust enrichment means someone took money from you by unjust means, then retained it as a benefit. Since you haven't given them anything, it does not apply.

They are legally entitle to collect the entire amount from you as an assignee who bought the account. That is perfectly legal. Citing behavior undertaken in other cases does not work, it is irrelevant unless they did the same thing to you. Prior bad acts against others has no bearing on your case.

None of this constitutes unclean hands since it is normal court procedure. More info about the account would be helpful. Name of OC and date of default are important, and your state.
I am not an attorney. Any information I post is strictly my opinion and should be treated as such.

vn1968

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Re: Soliciting Comments of FDCPA Defense -Unclean Hands Theory
« Reply #2 on: May 08, 2015 02:03:13 AM »
They show HSBC as original creditor  and  date of last payment as 6/2009.  Don't recall ever having any type account with them.  Am pulling bank statements from that period. A little reluctant to share much since I'm a newbie to these boards and don't know the JDB's and/or their associated law firms read these boards or not.  The trial is still pending.  The JDB is Midland.  They initially filed in the wrong county and then service was made on a neighbor.  On a Motion to Dismiss based on venue, the judge simply transferred it to the right county. 

Have already answered with a general denial of all and included SOL, standing/ownership of account, etc..  Small Claims Court.  A pretty relaxed atmosphere with voluntary discovery.  They move the docket pretty quickly.  No documents attached to the complaint.  All they've sent me, upon my request, is a slip of paper that has my name, last 4 of SSN and looks like last 4 of a account number.  My understanding is that this is all the info JDB's get when they buy accounts.

Have just been doing a little research and was interested as to whether anyone else had raised these laches-estoppel-unclean hands defenses and if they had any luck with them.  Am looking for opinions on the subject.

coltfan1972

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Re: Soliciting Comments of FDCPA Defense -Unclean Hands Theory
« Reply #3 on: May 08, 2015 02:10:05 AM »
If Courts allow them to file Complaints as mentioned above, stating every possible claim that they might win on, in case one of them fails, then the Defendant surely has the right to raise every possible defense at their disposal.

You're absolutely correct.  It's called "pleading in the alternative."  It's a very common form of pleading.  Almost all civil cases involving alleged debts are pled in the alternative.   

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