Author Topic: Unknown default judgment from 3 years ago  (Read 7184 times)

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SteenerToo

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Re: Unknown default judgment from 3 years ago
« Reply #15 on: October 10, 2015 10:03:26 PM »
Trust me, this is not a social media site; and I 100% back up everything I allege I've done or state I will do.   

It would take me 10 minutes and about two sheets of paper to wipe out the issue you're posting about, and have a check in my hand in 30 days. That's not just bragging, but an absolute fact! 

What you fail to understand is, the creditor had zero incentive to make up that email.  It hurts their position, obviously when somebody that knows what they are doing argues it correctly.   

And your lawyer friend in your first post that does this type of law, but in your second post is actually a union lawyer, which is it?

Also, if you knew what "fee shifting" means, you would understand why your contingency fee statement was so absurd.   

You should embrace that email and argue it qualifies as an answer, but instead distance yourself from the one thing that could help your case. 


You obviously don't understand the law do you! Without that "answer", they couldn't have gotten a judgment against me because I'm a Texas resident and in Texas, the statute of limitations is 4 years. In Utah the SOL is 6 years and for it to apply, in this case, the defendant would have to provide an answer to the courts, which according to Utah law means, the defendant accepts Utah as lawful jurisdiction. This didn't come from me, this came from an expert in consumer law! Seriously, you need to quit commenting on something you have absolutely no knowledge of. What an aggravating individual you are and what makes you especially dangerous, you don't know enough to be able to offer advice. So I'm going to politely ask you to step aside, you're serving no purpose but to embarrass yourself. I don't care how knowledgeable you think you are in certain areas, but this obviously isn't your bag.









coltfan1972

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Re: Unknown default judgment from 3 years ago
« Reply #16 on: October 10, 2015 10:15:32 PM »
"You obviously don't understand the law do you!"  :vbrofl:

"This didn't come from me, this came from an expert in consumer law!"

Same expert that called you in 15 minutes after receiving your documents to advise you that the FDCPA had been violated on a business account when the FDCPA does not apply? 

So I'm going to politely ask you to step aside

I'm going to politely tell you to shove your request where the sun don't shine.   
LexisNexis® Legal Newsroom- 05-17-2013 | 10:11 AM --

JONESBORO, Ark. - A federal judge in Arkansas on May 15 ruled that dismissal of a consumer's lawsuit against a debt collector is not proper because although the consumer posted messages on a website "in an odious manner," valid First Amendment concerns exist (Brandon Scroggin v. Credit Bureau of Jonesboro Inc., No. 12-0128, E.D. Ark.; 2013 U.S. Dist. Lexis 69070).

SteenerToo

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Re: Unknown default judgment from 3 years ago
« Reply #17 on: October 10, 2015 10:23:55 PM »
"You obviously don't understand the law do you!"  :vbrofl:

"This didn't come from me, this came from an expert in consumer law!"

Same expert that called you in 15 minutes after receiving your documents to advise you that the FDCPA had been violated on a business account when the FDCPA does not apply? 

So I'm going to politely ask you to step aside

I'm going to politely tell you to shove your request where the sun don't shine.

LOL.....There's a nut in EVERY box. Knock it off......just because you can be a douche, doesn't mean you should always be one. Seriously, knock it off.

Just to point out your inadequacies, go back up and read the post where I included a link to my friends page. It's really quite sad that I have to point these things out to you. Next, you can go to the CFPB and read all the new complaints, I made my complaint public, not that I am required to prove a thing to you, but I do, however, love making a fool out of people when their mouths overload their backsides. Oh, and you really need to start using a grammar check, now that's great advice!

coltfan1972

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Re: Unknown default judgment from 3 years ago
« Reply #18 on: October 10, 2015 10:38:24 PM »
Okay, I'll knock it off.  You're right, I'm wrong. 

I'll let the others provide you advice, becuase I really don't know much at all about this stuff, which you've already figured out. 

I'm just mad because I can't get a fancy expert lawyer to represent me in cases and I'm always stuck doing them myself.   I wish I was smart enough to understand you gain instant credibility when you file a CFPB complaint. 

LexisNexis® Legal Newsroom- 05-17-2013 | 10:11 AM --

JONESBORO, Ark. - A federal judge in Arkansas on May 15 ruled that dismissal of a consumer's lawsuit against a debt collector is not proper because although the consumer posted messages on a website "in an odious manner," valid First Amendment concerns exist (Brandon Scroggin v. Credit Bureau of Jonesboro Inc., No. 12-0128, E.D. Ark.; 2013 U.S. Dist. Lexis 69070).

trick

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Re: Unknown default judgment from 3 years ago
« Reply #19 on: October 10, 2015 10:44:59 PM »
Some potential bad news:  this was an Advanta business account, not a consumer credit card, which means the FDCPA may not apply.

This is a tricky one, It depends on how the card was used. If it was use as a consumer card, FDCPA will apply. I had an advanta also at one time, before they crashed. Their contract is a strange one, Law of Choice is UTAH.  If I remember everything must be filed there,

coltfan1972

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Re: Unknown default judgment from 3 years ago
« Reply #20 on: October 10, 2015 11:11:08 PM »
This is a tricky one, It depends on how the card was used

In the Eastern District of Texas..."Whether a debt is a consumer debt under the FDCPA is determined by the use of loan proceeds by the borrower and not by the motive or intent of the lender." Vick v. NCO Fin. Sys., Inc., No. 2:09-CV-114-TJW-CE, 2011 U.S. Dist. LEXIS 33348, 2011 WL 1195941, at *5 (E.D. Tex. Mar. 7, 2011), rec. adopted, 2011 U.S. Dist. LEXIS 32906, 2011 WL 1157692 (E.D. Tex. Mar. 28, 2011).   

"A debt incurred through personal use of a company card can be a consumer debt for FDCPA purposes."  Perk v. Worden, 475 F. Supp. 2d 565, 569 (E.D. Va. 2007).

"The debtor has the burden of establishing that a debt is a consumer debt."  Boosahda v. Providence Dane LLC, 462 F. App'x 331, 336 (4th Cir. 2012)(affirming grant of summary judgment in favor of defendant where plaintiff failed to establish element of FDCPA claim that credit card debt was consumer debt).

Oh shoot, I could not even keep my promise for 10 minutes.   Sorry for showing my ignorance of the law again.   I promise...this time I really will just "step aside", becasue I done did humiliate myself again with my lack of understanding on the subject.   Darn, and there I am  with the grammer issues again. 



LexisNexis® Legal Newsroom- 05-17-2013 | 10:11 AM --

JONESBORO, Ark. - A federal judge in Arkansas on May 15 ruled that dismissal of a consumer's lawsuit against a debt collector is not proper because although the consumer posted messages on a website "in an odious manner," valid First Amendment concerns exist (Brandon Scroggin v. Credit Bureau of Jonesboro Inc., No. 12-0128, E.D. Ark.; 2013 U.S. Dist. Lexis 69070).

SteenerToo

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Re: Unknown default judgment from 3 years ago
« Reply #21 on: October 10, 2015 11:50:08 PM »
In the Eastern District of Texas..."Whether a debt is a consumer debt under the FDCPA is determined by the use of loan proceeds by the borrower and not by the motive or intent of the lender." Vick v. NCO Fin. Sys., Inc., No. 2:09-CV-114-TJW-CE, 2011 U.S. Dist. LEXIS 33348, 2011 WL 1195941, at *5 (E.D. Tex. Mar. 7, 2011), rec. adopted, 2011 U.S. Dist. LEXIS 32906, 2011 WL 1157692 (E.D. Tex. Mar. 28, 2011).   

"A debt incurred through personal use of a company card can be a consumer debt for FDCPA purposes."  Perk v. Worden, 475 F. Supp. 2d 565, 569 (E.D. Va. 2007).

"The debtor has the burden of establishing that a debt is a consumer debt."  Boosahda v. Providence Dane LLC, 462 F. App'x 331, 336 (4th Cir. 2012)(affirming grant of summary judgment in favor of defendant where plaintiff failed to establish element of FDCPA claim that credit card debt was consumer debt).

Oh shoot, I could not even keep my promise for 10 minutes.   Sorry for showing my ignorance of the law again.   I promise...this time I really will just "step aside", becasue I done did humiliate myself again with my lack of understanding on the subject.   Darn, and there I am  with the grammer issues again.

Actually.....no,

Utah Code
Page 1
78B-2-103 Action barred in another state barred in Utah.          A cause of action which arises in another jurisdiction, and which is not actionable in the other jurisdiction by reason of the lapse of time, may not be pursued in this state, unless the cause of action is held by a citizen of this state who has held the cause of action from the time it accrued.
Renumbered and Amended by Chapter 3, 2008 General Session

Utah Code
Page 1
78B-2-305 Within three years.          An action may be brought within three years: (1) for waste, trespass upon, or injury to real property; except that when waste or trespass is committed by means of underground works upon any mining claim, the cause of action does not accrue until the discovery by the aggrieved party of the facts constituting the waste or trespass; (2) for taking, detaining, or injuring personal property, including actions for specific recovery; except that in cases where the subject of the action is a domestic animal usually included in the term "livestock," which at the time of its loss has a recorded mark or brand, if the animal strayed or was stolen from the true owner without the owner's fault, the cause does not accrue until the owner has actual knowledge of facts that would put a reasonable person upon inquiry as to the possession of the animal by the defendant; (3) for relief on the ground of fraud or mistake; except that the cause of action does not accrue until the discovery by the aggrieved party of the facts constituting the fraud or mistake; (4) for a liability created by the statutes of this state, other than for a penalty or forfeiture under the laws of this state, except where in special cases a different limitation is prescribed by the statutes of this state; or (5) to enforce liability imposed by Section 78B-3-603, or for damages under Section 78B-6-1701, except that the cause of action does not accrue until the aggrieved party knows or reasonably should know of the harm suffered.
Amended by Chapter 143, 2010 General Session

A properly licensed and bonded “Collection Agency” can only collect debts that are “within the statute of limitations” and such “Agencies” are required to use a “duly licensed attorney” to prepare all legal processes and pleadings. Utah Code § 12-1-8.



Also....I'm not the owner of this account. I've never owned an Advanta card. Matter of fact, I've never owned my own credit card outside of my husband until his death in 2013. This is an issue of identity theft, which I've reported since learning about this 3 weeks ago.

shellieh98

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Re: Unknown default judgment from 3 years ago
« Reply #22 on: October 11, 2015 02:01:47 AM »
 :vbpopc1: :vbpopc1: :vbpopc1:

coltfan1972

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« Last Edit: October 11, 2015 04:26:22 AM by coltfan1972 »
LexisNexis® Legal Newsroom- 05-17-2013 | 10:11 AM --

JONESBORO, Ark. - A federal judge in Arkansas on May 15 ruled that dismissal of a consumer's lawsuit against a debt collector is not proper because although the consumer posted messages on a website "in an odious manner," valid First Amendment concerns exist (Brandon Scroggin v. Credit Bureau of Jonesboro Inc., No. 12-0128, E.D. Ark.; 2013 U.S. Dist. Lexis 69070).

coltfan1972

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Re: Unknown default judgment from 3 years ago
« Reply #24 on: October 11, 2015 03:44:26 AM »
Actually.....no,

Utah Code
Page 1
78B-2-103 Action barred in another state barred in Utah.          A cause of action which arises in another jurisdiction, and which is not actionable in the other jurisdiction by reason of the lapse of time, may not be pursued in this state, unless the cause of action is held by a citizen of this state who has held the cause of action from the time it accrued.
Renumbered and Amended by Chapter 3, 2008 General Session

Utah Code
Page 1
78B-2-305 Within three years.          An action may be brought within three years: (1) for waste, trespass upon, or injury to real property; except that when waste or trespass is committed by means of underground works upon any mining claim, the cause of action does not accrue until the discovery by the aggrieved party of the facts constituting the waste or trespass; (2) for taking, detaining, or injuring personal property, including actions for specific recovery; except that in cases where the subject of the action is a domestic animal usually included in the term "livestock," which at the time of its loss has a recorded mark or brand, if the animal strayed or was stolen from the true owner without the owner's fault, the cause does not accrue until the owner has actual knowledge of facts that would put a reasonable person upon inquiry as to the possession of the animal by the defendant; (3) for relief on the ground of fraud or mistake; except that the cause of action does not accrue until the discovery by the aggrieved party of the facts constituting the fraud or mistake; (4) for a liability created by the statutes of this state, other than for a penalty or forfeiture under the laws of this state, except where in special cases a different limitation is prescribed by the statutes of this state; or (5) to enforce liability imposed by Section 78B-3-603, or for damages under Section 78B-6-1701, except that the cause of action does not accrue until the aggrieved party knows or reasonably should know of the harm suffered.
Amended by Chapter 143, 2010 General Session

A properly licensed and bonded “Collection Agency” can only collect debts that are “within the statute of limitations” and such “Agencies” are required to use a “duly licensed attorney” to prepare all legal processes and pleadings. Utah Code § 12-1-8.



Also....I'm not the owner of this account. I've never owned an Advanta card. Matter of fact, I've never owned my own credit card outside of my husband until his death in 2013. This is an issue of identity theft, which I've reported since learning about this 3 weeks ago.

Sorry....
« Last Edit: October 11, 2015 04:11:22 AM by coltfan1972 »
LexisNexis® Legal Newsroom- 05-17-2013 | 10:11 AM --

JONESBORO, Ark. - A federal judge in Arkansas on May 15 ruled that dismissal of a consumer's lawsuit against a debt collector is not proper because although the consumer posted messages on a website "in an odious manner," valid First Amendment concerns exist (Brandon Scroggin v. Credit Bureau of Jonesboro Inc., No. 12-0128, E.D. Ark.; 2013 U.S. Dist. Lexis 69070).

coltfan1972

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Re: Unknown default judgment from 3 years ago
« Reply #25 on: October 11, 2015 03:46:32 AM »
...
« Last Edit: October 11, 2015 04:10:26 AM by coltfan1972 »
LexisNexis® Legal Newsroom- 05-17-2013 | 10:11 AM --

JONESBORO, Ark. - A federal judge in Arkansas on May 15 ruled that dismissal of a consumer's lawsuit against a debt collector is not proper because although the consumer posted messages on a website "in an odious manner," valid First Amendment concerns exist (Brandon Scroggin v. Credit Bureau of Jonesboro Inc., No. 12-0128, E.D. Ark.; 2013 U.S. Dist. Lexis 69070).

coltfan1972

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Re: Unknown default judgment from 3 years ago
« Reply #26 on: October 11, 2015 03:53:27 AM »
edit per request...
« Last Edit: October 11, 2015 04:09:56 AM by coltfan1972 »
LexisNexis® Legal Newsroom- 05-17-2013 | 10:11 AM --

JONESBORO, Ark. - A federal judge in Arkansas on May 15 ruled that dismissal of a consumer's lawsuit against a debt collector is not proper because although the consumer posted messages on a website "in an odious manner," valid First Amendment concerns exist (Brandon Scroggin v. Credit Bureau of Jonesboro Inc., No. 12-0128, E.D. Ark.; 2013 U.S. Dist. Lexis 69070).

coltfan1972

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LexisNexis® Legal Newsroom- 05-17-2013 | 10:11 AM --

JONESBORO, Ark. - A federal judge in Arkansas on May 15 ruled that dismissal of a consumer's lawsuit against a debt collector is not proper because although the consumer posted messages on a website "in an odious manner," valid First Amendment concerns exist (Brandon Scroggin v. Credit Bureau of Jonesboro Inc., No. 12-0128, E.D. Ark.; 2013 U.S. Dist. Lexis 69070).

coltfan1972

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Re: Unknown default judgment from 3 years ago
« Reply #28 on: October 11, 2015 05:33:45 AM »
Steener,

Everything I've posted has to do with if the FDCPA will apply your case or not.  This is huge, because the FDCPA strict liability.  My posts have nothing to do with the SOL, or the borrowing statutes of Utah and Texas. 
« Last Edit: October 11, 2015 06:10:53 AM by coltfan1972 »
LexisNexis® Legal Newsroom- 05-17-2013 | 10:11 AM --

JONESBORO, Ark. - A federal judge in Arkansas on May 15 ruled that dismissal of a consumer's lawsuit against a debt collector is not proper because although the consumer posted messages on a website "in an odious manner," valid First Amendment concerns exist (Brandon Scroggin v. Credit Bureau of Jonesboro Inc., No. 12-0128, E.D. Ark.; 2013 U.S. Dist. Lexis 69070).

fisthardcheese

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Re: Unknown default judgment from 3 years ago
« Reply #29 on: October 11, 2015 02:10:49 PM »
 :vbpopc1:

I'm trying to follow this and it is difficult, so let me see if I have this right; OP found a default judgement against her from a state she does not reside in and from a card she never owned.  She decided to focus on Utah SOL for some reason on a card she never owned rather than getting the judgement set aside.   When case law is presented to show that the FDCPA could be applied, which would create a fee shift and allow a consumer attorney to take this case with no up front cost, she argues back with SOL law from the state she does not reside in.   :vbconfused: 

At this point, I'm not sure what OP wants other than to argue with people trying to help.

 :vbpopc1:

11 Arb Settlements (9 AAA, 2 JAMS)
3 JDB Suits Dismissed With Prejudice (2 pro-se, 1 consumer atty)
3 TCPA Settlements (2 pro-se, 1 consumer atty)
2 FCRA Settlements (consumer atty)
1 FDCPA Settlement (w consumer atty)
1 Small Claims Win (pro-se; Landlord/state consumer law violations)
1 State UDAP Settlement (ITS)
1 Federal PTC Settlement (before hearing; pro-se)