Author Topic: JDB filed suit. Have not been served.  (Read 1863 times)

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KFMAN

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Re: JDB filed suit. Have not been served.
« Reply #15 on: March 04, 2012 04:10:03 PM »
If you admit it, then you are stating, not only that you owe money, but that you owe to the JDB, who can't prove that you owe it to them.
If you elect arb, be prepared to get the JAMS demand to the JDB's attorney, and send it and the proof to the JAMS office, along with your case management fees.

You'll almost surely need to file an MTC arb, because JDB's don't willingly go there.

You don't say what the amount of the debt is.

But divide it by 20. That may be what was paid for it. If you were trying to collect, say, $4000, that you had paid $200 for, would you be willing to pay even the $550 creditor piece of the initial fee for arb?

Much less, the creditor's coverage of the entire rest of the cost of arb?

You need to do more reading. Go through the arb stickies, go through the chain of custody, and read enough of the threads to learn what some of the issues might be.

You do have time. But you need to make this your newest educational pursuit, in order to be successful.
When you file Arb against the JDB, aren't you not admitting you owe them?

Fighting Irish

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Re: JDB filed suit. Have not been served.
« Reply #16 on: March 04, 2012 05:40:16 PM »
No. Of course not.

You are saying that you have FDCPA violations against them.

Dang it, Jim! I'm a nurse, not an attorney!

(The rest of you, keep that in mind, too.)

ohheckno

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Re: JDB filed suit. Have not been served.
« Reply #17 on: March 04, 2012 06:17:13 PM »
One other *very* interesting sticky wicket I've come across...

I'm hesitant to say my state or the JDB/attorney involved.  Their very first paragraph in the complaint says that their standing to sue in my state is that they are authorized under a certain subchapter to do business in my state for the purpose of collecting a debt. 

However, there's another subchapter in my state's law, about collection agencies, and because they claim to have purchased this alleged debt after it was in default, they qualify at least in respect to this alleged account as a collection agency.  They do not show up as licensed on the roster search.  I'm emailing the lady who can verify if the roster search is correct on this.

But if they are not licensed, and they are "engaging in the collection of delinquent accounts", they are violating my state's laws.  Nothing that I've read in the subchapter exempts them from it... their attorneys, yes.  Them?  No.  Filing suit is not exempted, as it does not state any specific method of engaging in collection. 

This would negate any legal standing they have to file suit, would it not? 

KFMAN

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Re: JDB filed suit. Have not been served.
« Reply #18 on: March 04, 2012 10:36:43 PM »
One other *very* interesting sticky wicket I've come across...

I'm hesitant to say my state or the JDB/attorney involved.  Their very first paragraph in the complaint says that their standing to sue in my state is that they are authorized under a certain subchapter to do business in my state for the purpose of collecting a debt. 

However, there's another subchapter in my state's law, about collection agencies, and because they claim to have purchased this alleged debt after it was in default, they qualify at least in respect to this alleged account as a collection agency.  They do not show up as licensed on the roster search.  I'm emailing the lady who can verify if the roster search is correct on this.

But if they are not licensed, and they are "engaging in the collection of delinquent accounts", they are violating my state's laws.  Nothing that I've read in the subchapter exempts them from it... their attorneys, yes.  Them?  No.  Filing suit is not exempted, as it does not state any specific method of engaging in collection. 

This would negate any legal standing they have to file suit, would it not?
If they break the law, it is a FDCPA violation.