Author Topic: Defending against Collection Suits  (Read 13738 times)

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Flyingifr

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Defending against Collection Suits
« on: January 25, 2008 03:14:57 PM »
Our friends at Edelman Combs posted this gem, and I think it should be required reading.

http://www.edcombs.com/CM/Custom/collection.defense.1-2008.pdf

BTW-the Flyingifr Method does work. (quoted from Hannah on Infinite Credit, September 19, 2006)

I think of a telephone as a Debt Collector's crowbar. With such a device it is possible to pry one's mouth open wide enough to allow the insertion of a foot or two.

Debtors Exams are the perfect place for us Senior Citizens to show off our recently acquired Alzheimers.

Founder of the Credit Terrorist Training Camp (Debtorboards)

foolsmission

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Re: Defending against Collection Suits
« Reply #1 on: January 26, 2008 03:38:13 AM »
With all due respect to ya'll UCC haters amongst us.
 :lildevil:

Take this:
Quote
C. State law rights are better. The sale of accounts receivable is regulated by
Article 9 of the Uniform Commercial Code.
1. Send a certified or faxed letter requesting assignment or assignments
necessary to show title in plaintiff under UCC 9-406, 810 ILCS 5/9-
406. The way 9-406 is written the debt buyer is not entitled to payment
unless it provides a copy of the assignment(s). Wait about 10 days after
receipt and then move to dismiss on the ground that there is no obligation
to pay.
2. Section 9-210 of the Uniform Commercial Code gives right to accounting,
defined as breakdown of what debt consists of. Debt buyer does not have
option to cease collection. There is $500 statutory damages for
noncompliance, albeit only individually.
« Last Edit: January 26, 2008 04:02:42 PM by Admin1781 »

Flyingifr

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Re: Defending against Collection Suits
« Reply #2 on: January 26, 2008 03:43:24 PM »
Keep in mind that Mr Edelman is, in most cases, addressing ILLINOIS law only. Your State Laws may vary.
BTW-the Flyingifr Method does work. (quoted from Hannah on Infinite Credit, September 19, 2006)

I think of a telephone as a Debt Collector's crowbar. With such a device it is possible to pry one's mouth open wide enough to allow the insertion of a foot or two.

Debtors Exams are the perfect place for us Senior Citizens to show off our recently acquired Alzheimers.

Founder of the Credit Terrorist Training Camp (Debtorboards)

foolsmission

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Re: Defending against Collection Suits
« Reply #3 on: January 26, 2008 05:13:24 PM »
Oh there you go again confusing (me) the ignorantly bliss, with facts.

phoenix2ny

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Re: Defending against Collection Suits
« Reply #4 on: January 26, 2008 09:22:54 PM »
Another little gem. I'm going to post the link in the NY section. At first glance it may seem to all be about IL, but there are a lot of NY case sites in there.

woeisme

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Re: Defending against Collection Suits
« Reply #5 on: February 23, 2008 05:22:15 AM »
that was what Im looking for...but for texas.

Mischievous Smurfy

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why are we requesting validation instead of disputing???  Why Why Why

dharkheart

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Re: Defending against Collection Suits
« Reply #7 on: February 28, 2008 08:58:18 PM »
Our friends at Edelman Combs posted this gem, and I think it should be required reading.

http://www.edcombs.com/CM/Custom/collection.defense.1-2008.pdf




Man, I wish there was one of these for Michigan!  Sure would make pro per a lot easier :D

terry

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Re: Defending against Collection Suits
« Reply #8 on: March 19, 2008 08:07:00 AM »
I have a judgement against me.  Does FTC rules still apply in regards to them telling me that they can get an arrest warrant out on me and put me in jail?  If they can't, should I use this to reduce or even eliminate this judgement debt?

Mischievous Smurfy

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Re: Defending against Collection Suits
« Reply #9 on: March 19, 2008 09:28:44 AM »
There are very few instances where they can have you thrown in jail for not paying anything, even a judgment.  Those would have to be along the lines of child support or court ordered fines.

If the judgment is something more middle of the road ....  a non government party owns a judgment, then no they cannot have you thrown in jail.

Yes the FDCPA still applies, yes you can use this as leverage.  Sue them for the violations, refuse to settle unless the settlement includes dissmissal or retraxit of the the judgment.

Hard to be more specific without details about what the judgment is for.
Ease of Use - Smurfy's Quick Reference


why are we requesting validation instead of disputing???  Why Why Why

JustGotASummons

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Re: Defending against Collection Suits
« Reply #10 on: July 03, 2011 04:51:41 AM »
Another little gem. I'm going to post the link in the NY section. At first glance it may seem to all be about IL, but there are a lot of NY case sites in there.

Where is the one for NY at? or FL?

Thanks

Admin0248

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texasrocker

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Re: Defending against Collection Suits
« Reply #12 on: February 14, 2012 05:28:59 PM »
http://www.debtorboards.com/smf/index.php?topic=5973.msg43124#msg43124
Is there an update on this or any way to revive this old link?  I'm getting "Internal Server Error..." when I click on it.
Thanks.

maggie22

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Re: Defending against Collection Suits
« Reply #13 on: March 27, 2012 09:25:56 PM »
There are very few instances where they can have you thrown in jail for not paying anything, even a judgment.  Those would have to be along the lines of child support or court ordered fines.

If the judgment is something more middle of the road ....  a non government party owns a judgment, then no they cannot have you thrown in jail.

Yes the FDCPA still applies, yes you can use this as leverage.  Sue them for the violations, refuse to settle unless the settlement includes dissmissal or retraxit of the the judgment.

Hard to be more specific without details about what the judgment is for.

In my state they could seek a post judgment creditors exam.  If a debtor skips out on that, a civil warrant is issued, and people do get arrested.

survivor23

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Re: Defending against Collection Suits
« Reply #14 on: March 27, 2012 09:50:59 PM »
Yes, this post is a gem. It helped me get CACH LLC off my back. Thanks for posting this.