Author Topic: OC says No Mas!  (Read 5090 times)

0 Members and 1 Guest are viewing this topic.

nobk4me

  • Valued Member
  • Posts: 854
OC says No Mas!
« on: July 21, 2009 08:50:39 PM »
It's without prejudice, but I'll take it.  OC was suing me for a little less than $2K.  Apparently it would cost them more than that in legal fees to answer my discovery.  I got their letter dismissing me as defendant today.
Molon labe

Judgment Proof!

Flyingifr

  • -DEAN EMERITUS-
  • Valued Member
  • Posts: 8584
  • Welcome to my Temper Tantrum
Re: OC says No Mas!
« Reply #1 on: July 21, 2009 09:44:20 PM »
I guess they didn't read the Flyingifr Method, but you apparently did. Congratulations.
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)

Mischievous Smurfy

  • Valued Member
  • Posts: 5595
Re: OC says No Mas!
« Reply #2 on: July 23, 2009 03:29:21 AM »
Yep .... just check with the court and make sure they sent the same to the court.
Ease of Use - Smurfy's Quick Reference


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

dls7406

  • Valued Member
  • Posts: 1149
  • Bernie Madoff with all the money.
Re: OC says No Mas!
« Reply #3 on: July 23, 2009 03:35:49 AM »
now send them a bill for taking an action they were not legally able to take. If they were, they would not have dismissed.

Rottweiler

  • "SIT!" "Stay!" "Watch OUT!"
  • Valued Member
  • Posts: 6022
  • Talent does what it can; genius does what it must
    • Debtor Talk:  "Tough Love" for the Collection Industry.
Re: OC says No Mas!
« Reply #4 on: July 23, 2009 03:57:27 AM »
Good for you!
“This is a court of law, young man, not a court of justice."
~ Olver Wendell Holmes

TX Debt Atty

  • Valued Member
  • Posts: 517
Re: OC says No Mas!
« Reply #5 on: July 23, 2009 03:39:07 PM »
now send them a bill for taking an action they were not legally able to take. If they were, they would not have dismissed.

rubbish!
Nothing I say on any internet forum should be construed as legal advice, nor should it be construed as creating an attorney-client relationship.

If you need legal advice, please consult with a local attorney of your choosing.

dls7406

  • Valued Member
  • Posts: 1149
  • Bernie Madoff with all the money.
Re: OC says No Mas!
« Reply #6 on: July 23, 2009 08:45:04 PM »
Hiya Tex.

Malicious prosecution on flimsy evidence in hopes of a default when the JDB knows they don't have enough evidence to obtain a legitimate judgment is most certainly a violation of FDCPA.

Kitten

  • Valued Member
  • Posts: 2019
    • MCSD
Re: OC says No Mas!
« Reply #7 on: July 23, 2009 10:00:59 PM »
I thought we were talking about an OC here?
And the OC bailed because potential legal fees exceeded their claim?

If the above is true, then Tex is right.

dls7406

  • Valued Member
  • Posts: 1149
  • Bernie Madoff with all the money.
Re: OC says No Mas!
« Reply #8 on: July 23, 2009 11:08:47 PM »
DOH!! My bad. OC. OOPs,,,,,,,,,,,

Unless it was the JDB wrongly suing in the name of the OC. But that was never claimed, so again,,,,,,

DOH!! My bad. OC. OOPs,,,,,,,,,,,


TX Debt Atty

  • Valued Member
  • Posts: 517
Re: OC says No Mas!
« Reply #9 on: July 24, 2009 03:11:50 PM »

Unless it was the JDB wrongly suing in the name of the OC.


Someone's apparently been watching a little too much CSI, or something.  :vbrofl:
Nothing I say on any internet forum should be construed as legal advice, nor should it be construed as creating an attorney-client relationship.

If you need legal advice, please consult with a local attorney of your choosing.

nobk4me

  • Valued Member
  • Posts: 854
Re: OC says No Mas!
« Reply #10 on: September 15, 2009 09:26:13 PM »
Update:

The OC that dismissed the case has now sold the account to a JDB.  I just received their initial dunning letter.  The JDB claims that interest will continue to accrue until the account is paid.  Really?  Then why didn't the OC ask for pre-judgment interest in the lawsuit?

If the JDB sues me, can I claim res judicata? 
Molon labe

Judgment Proof!

TX Debt Atty

  • Valued Member
  • Posts: 517
Re: OC says No Mas!
« Reply #11 on: September 15, 2009 10:00:40 PM »
If the JDB sues me, can I claim res judicata?

If your state's laws are anything like mine, then a dismissal without prejudice will not support a claim of res judicata.
Nothing I say on any internet forum should be construed as legal advice, nor should it be construed as creating an attorney-client relationship.

If you need legal advice, please consult with a local attorney of your choosing.

Flyingifr

  • -DEAN EMERITUS-
  • Valued Member
  • Posts: 8584
  • Welcome to my Temper Tantrum
Re: OC says No Mas!
« Reply #12 on: September 15, 2009 10:13:54 PM »
I agree with TX, but look at it this way: If the OC can't prove their case, what prayer does a JDB have? You, my friend, have an annuity here.
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)

itsmeagain

  • Valued Member
  • Posts: 1488
  • No Fear
Re: OC says No Mas!
« Reply #13 on: September 16, 2009 01:55:27 AM »
Just keep the recorder handy and stock up on green cards. 

Each one you send is just an investment.

As Flyingifr said; "You, my friend, have an annuity here".