Author Topic: preventing lawsuits  (Read 2552 times)

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nomorecredit

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preventing lawsuits
« on: May 17, 2012 07:08:53 PM »
I had a friend ask how she could prevent her credit cards from filing a lawsuit against her. 

She hasn't paid them in a while and has tried to make payment arrangement but the ones they offer are not affordable. 

She's concerned about her job as and Independent Insurance agent and they won't hire you if you have BK.

My advice was to sue them first as they have been violating her FDCPA & TCPA rights. 
There is no victory without a struggle.

KFMAN

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Re: preventing lawsuits
« Reply #1 on: May 17, 2012 07:10:05 PM »
How about directing her to the Arb thread?

nomorecredit

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Re: preventing lawsuits
« Reply #2 on: May 17, 2012 07:27:33 PM »
How about directing her to the Arb thread?

I explained arbitration to her and explained how I have had success with it.

But I wasn't able to tell her that the OC or CA would not file suit because SO FAR 3 of mine have filed suit against me.

I've never used arbitration as a way to avoid lawsuits.  I have used arb as a tactic when I have been sued.
There is no victory without a struggle.

KFMAN

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Re: preventing lawsuits
« Reply #3 on: May 17, 2012 07:44:48 PM »
I explained arbitration to her and explained how I have had success with it.

But I wasn't able to tell her that the OC or CA would not file suit because SO FAR 3 of mine have filed suit against me.

I've never used arbitration as a way to avoid lawsuits.  I have used arb as a tactic when I have been sued.
You can ad it in your DV letter than when they sue you have a FDCPA violation.  That can help settle the issue.

BigSal

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Re: preventing lawsuits
« Reply #4 on: May 17, 2012 07:48:48 PM »
You can ad it in your DV letter than when they sue you have a FDCPA violation.  That can help settle the issue.

This plus requesting arb in the DV can cause them to just go away and mess with the other 99% of debtors who don't know better.
If you need legal advice, go see a lawyer.

howucantoo

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Re: preventing lawsuits
« Reply #5 on: May 17, 2012 08:09:59 PM »
One can also file against OC in arbitration (pre-suit) , but take in consideration it can backfire, specially if there isn't a good solid case.

If JDB is involved I'd file JAMS in a heart beat, pre or pro doesn't make a difference. It's fun to do it  pre suit  b/c anything JDB does after preemptive arbitration can be considered as special bonus.

I evaluate all my options wisely and make sure the scale tips in my favor before moving forward with any one of the options.

I am not an attorney, just  type" A" personality.
If you need legal help, you should seek legal counsel.

nomorecredit

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Re: preventing lawsuits
« Reply #6 on: May 17, 2012 08:20:52 PM »
I need to read more about this pre- lawsuit arbitration strategy.  Sounds like it works.

I've sent DV letters and just waited for the lawsuit.

There is no victory without a struggle.

KFMAN

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Re: preventing lawsuits
« Reply #7 on: May 17, 2012 08:22:10 PM »
This plus requesting arb in the DV can cause them to just go away and mess with the other 99% of debtors who don't know better.
That to.

KFMAN

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Re: preventing lawsuits
« Reply #8 on: May 17, 2012 08:24:47 PM »
One can also file against OC in arbitration (pre-suit) , but take in consideration it can backfire, specially if there isn't a good solid case.

If JDB is involved I'd file JAMS in a heart beat, pre or pro doesn't make a difference. It's fun to do it  pre suit  b/c anything JDB does after preemptive arbitration can be considered as special bonus.

I evaluate all my options wisely and make sure the scale tips in my favor before moving forward with any one of the options.
Can't wait.  Have a few JDB with alleged $600 where the contract have JAMS in them and JDB pays all filing fees.   :vbrofl:

Also have FDCPA and FCRAs violations against them but not sure they will pay anything, which might just drag things out.  Of course not paying is another FDCPA violation.


nomorecredit

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Re: preventing lawsuits
« Reply #9 on: May 17, 2012 08:45:53 PM »
I need direction to the thread that explains once you file arbitration (pre-suit) what to do.

After you initiate arb, do you then offer settlement?  OR

Follow thru with arbitration until you get the award on their violations?
There is no victory without a struggle.

KFMAN

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Re: preventing lawsuits
« Reply #10 on: May 17, 2012 08:47:55 PM »
I need direction to the thread that explains once you file arbitration (pre-suit) what to do.

After you initiate arb, do you then offer settlement?  OR

Follow thru with arbitration until you get the award on their violations?
The only reason to do that would be to have violations more than the alleged debt or the alleged debt small enough where they wouldn't chase it in JAMS Arb.  AAA Arb isn't near as expensive but I did have 1 OC that wouldn' chase it there.

LAW1

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Re: preventing lawsuits
« Reply #11 on: May 23, 2012 11:16:55 PM »
First of all make sure you respond to letters from the court. Second if you think the charges that are stated aren't your then file an objection. Most if not suits from creditors are in the form of third party "Bottom Feeders" AKA charge offs. The first a most likely thing to look for is any documents from the firm suing you and a list of any and all charges. But the most important thing not to do is avoid the letters, you don't want to fight a judgement for not filing a answer

AXXEL

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Re: preventing lawsuits
« Reply #12 on: May 24, 2012 02:56:20 AM »
Of course not paying is another FDCPA violation.

It is?  How?   

KFMAN

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Re: preventing lawsuits
« Reply #13 on: May 25, 2012 01:30:16 AM »
It is?  How?
Breach of contract. 

I would also state it's fraud if they continue to post on CRA's and continue collection activity, if they don't pay the arbitration bill.  They state they have an alleged debt with you, but don't want to follow the terms and conditions of the contract.  That is deceptive.  Either they have an alleged debt with you or they don't. 

If they can't prove anything and won't pay the Arb fees then how can they keep a tradeline on your CRA's or prove the amount they are trying to collect is accurate?

They more than likely can't!
« Last Edit: May 25, 2012 01:36:17 AM by KFMAN »

survivor23

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Re: preventing lawsuits
« Reply #14 on: June 24, 2012 09:21:12 PM »
WWR just recently called me about a business debt, and the company is now dissolved. They were trying to get information so they could sue me, and have me served. I politely explained to them how the business was dissolved, along with all non guaranteed debts.

The secretary of state was slow to list my business as dissovled, so they kept calling, and I just explained, "yes, you have to pay thousands of dollars to dissolve a company, or you just wait for the secretary of state to dissolved it within the six months, doesnt change the fact the company doesnt exist anymore. "

The lease was up on the corporate address, and there is no address any more.

some stupid young attorney called the number on file, and was pretending to be a client, demanding a meeting even when I said the company didnot exist anymore. so to goto another company. She was really stupid.

My point is, its good to talk to your creditors, and just have the account drag on and on and on. By the time it gets charged off, the original creditor will send you letter regarding a pending lawsuit. Its been my experience when they say they are going to sue, they actually sue, while other debt collectors use vague innuendo language trying to threaten a lawsuit, without actually saying it.

If you get an innuendo letter, they probably wont sue, but you are not out of the woods. If an attorney buys the debt, its their intention to sue you, they just have to look at the file and decide if you are worth going after. Again, talking to them, and stating how the account isnt yours, or whatever, is usually enough for them to goto another file.

I really think had I not talked to WWR, they would've put more effort into suing me.

So that is my advice.

1) talk to your OC, and drag the account out, but dont offer to make payments, just tell them you dont have any money, as you are waiting on some unpredetermined event to get it. LIke you are currently looking for a job, and you cant answer that question of when a  payment will be made. That will keep the account on the creditors books longer, and the account will get old, making it less appealing to buy.

2) if you get a letter that directly says something about litigation, (ie, take this offer to avoid litigation) or sometimes they sue you first, and then send you letter, (pay this or we will sue), then get ready to goto court.

3) if you do get a call from a law office, talk to them, and make a case for it not being worth their time to sue you. Use a very calm and matter of fact voice. Like when the first WWR attorney called, and he was trying to be bully, I just said, "yeah, read the laws on dissolution, (yawn)and you find out what I mean, this matter is resolved already" and he says, "OK, will tel lmy client" and I say, "your client already knows"  They really wanted to sue, becuase it was a business line, that the bank cut off, and then they accelerated the payments on it, stupid...

I think I avoided a lawsuit by talking to them.

 

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