Author Topic: Thoughts on Wisconsin AB 117/Predatory JDB Lawsuits?  (Read 261 times)

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olemole

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Thoughts on Wisconsin AB 117/Predatory JDB Lawsuits?
« on: July 31, 2017 07:49:50 PM »
Hello!  I've recently been sued by a Junk Debt Collector and am not willing to put my head in the sand and hope it all goes away.  Definitely NOT interested in a Default Judgement!

I am extremely new at this and have been doing some research on my options/filing a a written answer.  I have gone through the Forums and have read posts from flyingifr, trueQ, BrokeBob, and Bruno the JDB Killer and your expertise has been invaluable.  I'm working on writing up my answer and affirmative defenses and am hoping a few of you All Stars might chime in.

In my web searching on 425.109 and 422.409, I found this article, about an Assembly Bill signed into law last year, that seems to encourage predatory lawsuits by lowering the burden of proof that JDBs have to provide.  Does anyone have any experience with this Bill?  Or can anyone help me decipher what it means?  (Here is the link to the Bill: http://docs.legis.wisconsin.gov/2015/related/proposals/ab117)

I was considering adding additional text to my Answer, something along the lines of "Pursuant to WI 425.109, I demand every scrap of paper you've got", similar to advice from trueQ, but I'm now wondering if this is the correct path to take in light of the amendments to 425.109.

Thanks so much!

BrokeBob

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Re: Thoughts on Wisconsin AB 117/Predatory JDB Lawsuits?
« Reply #1 on: July 31, 2017 09:08:01 PM »
What this means:

It is much harder to beat a JDB using 425.109 these days. 

Often, the best way to beat them is with the VERY strict chain-of-custody notification requirements of 422.409, which they can hardly ever provide.

Small claims magistrates pretty much ignore the law. 
Depending on your county, a circuit court judge may or may not ignore the law, also depending on the judge, whether the judge likes you, the phase of the moon, etc. 

Were you sued in small claims or circuit court?

Is there an arbitration clause in the contract? (What is the name of the OC?)

If there is an arbitration clause, and if you are in small claims, is there a small claims exemption to the arbitration provision?


olemole

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Re: Thoughts on Wisconsin AB 117/Predatory JDB Lawsuits?
« Reply #2 on: July 31, 2017 10:35:04 PM »
Thanks for the reply BrokeBob!

It is a Civil lawsuit, not Small Claims.  The Complaint says that the charge account was issued by HSBC Bank Nevada, though I'm not entirely sure who the original creditor really is.  The Plaintiff is LVNV Funding, if that makes a difference.  Can I find out if there is an arbitration clause in the original contract?

BrokeBob

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Re: Thoughts on Wisconsin AB 117/Predatory JDB Lawsuits?
« Reply #3 on: August 01, 2017 01:41:00 AM »
By law, all the credit card companies are required to list their CC contracts on line. 

There are zillions of different HSBC cards, so you need to get the one that matches your card.  Google how to get the CC agreement.  There may also be references to that in this forum.

JDBs rarely follow through on arbitration.  Many people here have had great success in Circuit Court by getting arbitration.  Look through recent posts on this forum for a template for a MTC arbitration. 

What will most likely happen;

1 You file for MTC arbitration.
2. The judge grants it.
3.  You file in JAMS if all possible (sometimes 3 comes before 2, to show you are serious).  When you file, make a complaint with any counterclaims you may have.  For example, if they are reporting the trade line on your CRAs without you ever having gotten notification of assignment, that could be a violation. 
4.  Usually a JDB will walk away from arbitration.  Not ALL the time, but a great deal of the time.

I would also demand proof of assignment under 422.409.  If they can't provide that, it would be extremely hard for them to win in arbitration.  Which would be all the more reason for them to walk away from arbitrration.

5.  At some point JAMS closes the files, and you file a motion for dismissal with prejudice with the Court, on the grounds that they did not follow through with arbitration. 


BarkingDog

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Re: Thoughts on Wisconsin AB 117/Predatory JDB Lawsuits?
« Reply #4 on: August 01, 2017 12:03:16 PM »
Olemole, Fight them tooth and claw. Don't let them get a default judgment. I let Portfolio Recovery Associates get a default on me. I've been kicking Myself for 5 years.

Bruno the JDB Killer

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Re: Thoughts on Wisconsin AB 117/Predatory JDB Lawsuits?
« Reply #5 on: August 01, 2017 12:21:44 PM »
What year did you default? That's the contract you need.
I am not an attorney. Any information I post is strictly my opinion and should be treated as such.

BarkingDog

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Re: Thoughts on Wisconsin AB 117/Predatory JDB Lawsuits?
« Reply #6 on: August 02, 2017 02:42:27 AM »
What year did you default? That's the contract you need.
2012 contract ? what is that ?

Bruno the JDB Killer

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Re: Thoughts on Wisconsin AB 117/Predatory JDB Lawsuits?
« Reply #7 on: August 02, 2017 12:18:14 PM »
The credit card agreement.
I am not an attorney. Any information I post is strictly my opinion and should be treated as such.