Author Topic: Sue them, or wait until they sue  (Read 550 times)

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Nightfall1134

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Sue them, or wait until they sue
« on: May 02, 2012 02:01:58 AM »
For those who already know by reading my posts, I am in the process of starting a pro se litigation.  I am honestly very nervous about it all and am second guessing even doing it.  I wanted to get some of your opinions on the matter.

Should I sue the CA with no representation, or should I wait until they eventually try and sue me, and get it dismissed because of all of these violations?  I'm not looking for someone to tell me what to do, I am looking for other points of view.  Thanks everyone!

BrokeBob

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Re: Sue them, or wait until they sue
« Reply #1 on: May 02, 2012 03:10:43 AM »
By CA do you mean Collection Agency or Collection Attorney?

Usually the agency will not sue.  That is usually done by an attorney.

Consider that the FDCPA has a 1 year SOL.  If the agency doesn't own the debt, they have no counterclaim for the debt (and may not be able to counterclaims even if they do).  Note that some states have a longer SOL for creditor violations.  For example, in Wisconsin it is 2 years.

Depedning on the state and other factors, the SOL for a credit card may be anywhere from 3 to 15 years.

It is OK to wait to sue, as long as you don't wait past the SOL.

Nightfall1134

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Re: Sue them, or wait until they sue
« Reply #2 on: May 02, 2012 03:16:09 AM »
BrokeBob-

I meant CA as Collection Agency (for a JDB.)  It has not been assigned to an attorney yet. 

Thanks for giving me the info on the SOL for the FDCPA.  I think my biggest fear is having to actually go to litigation before a judge, if the collection agency fights it.  The two cases that I won with an attorney were both settled so I have absolutely no experience in the court room, which I assume a judge would have no sympathy for.

scubamate

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Re: Sue them, or wait until they sue
« Reply #3 on: May 02, 2012 03:28:50 AM »
Get a copy of your courts docket and go sit in on a few cases as similar to yours as possible.

Take notes and listen very carefully because they generally (in my experience), move very slowly.
I'm not a lawyer or collector..I just enjoy the company here.

Nightfall1134

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Re: Sue them, or wait until they sue
« Reply #4 on: May 02, 2012 02:39:29 PM »
scubamate-

How do I go about getting a copy of my court's docket?  I'm assuming it's located at the courthouse, but is it via a computer, or do I go to a specific desk and ask?  I'm sure each county/state is different, but as I said before, I have very limited exposure to the courts.  Thanks for your help.