Banks, Collectors, and CRAs Discuss the elimationa of secured and unsecured "debt", as well as tactics for dealing with debt collectors and credit reporting agencies.


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  #1  
Old 01-11-2007, 11:53 AM
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Gio7707 Gio7707 is offline
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Lightbulb Being sued , my experiences

This also goes out to djones

Hello Group,

this is a wonderful forum and I am glad to be a member. However I would like to share my experience with the board when I was sued last year for a creditcarddebt for about $1000 (which was never validated). I am also member of various other creditboards but when it comes up to legal issues everybody is confused and scared .. this one is perfect if you are being served or sued.

Once I was served back in June 2006, I immediately filed my written answer to the complaint and drafted all my motions etc. I caught the lawfirm/debtcollector on a clear FDCPA Violation as they sent a letter stating that they had obtained a judgment against me and threatened me with all other legal actions.

I then went to the court to see if indeed there was a judgment against me and none was to be found in my name. Lucky I was able to retain an experienced attorney practicing in FDCPA which took the case on a contingency base.

However I did the initial responses and defenses myself (written appearance,answer to motion etc ..) but for the countersue against the lawfirm I needed an attorney and he was excellent.

To make a long story short :

The two lawyers were fighting each other for about 6 month's (cost's approx. 6k) and in the end the plaintiff accused the court of wrong filing and the case ended with a bonafide error (that was the only defense they had). They also forced me to an " oral deposition " with a courtreporter. I have learned allot from this case and in the end the plaintiff sent me a "MUTUAL RELEASE SETTLEMENT IN FULL OF ALL CLAIMS".

What I was most shocked was that some of the attorneys from the NACA that I consulted told me repeatedly that this court was corrupted. So I am now more fearful when it comes up to defending my rights.

If anybody would like to see some of the doc's I am gladly posting it on this site. I am also able to use PACER and that was a very big help for all my tools.
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Old 01-11-2007, 11:58 AM
nautica24 nautica24 is offline
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could i see the documents

could i possibly see the documents. I am going through a bunch of stuff also. MY personal email is benzboyb@gmail.com
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  #3  
Old 01-12-2007, 12:28 PM
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Privacy & monitoring

I can send them but I am always so afraid about those site's being heavy monitored ... I believe a private forum with passwords would be the solution !
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Old 01-12-2007, 05:58 PM
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Here ya go!!!

Quote:
Originally Posted by Gio7707
I can send them but I am always so afraid about those site's being heavy monitored ... I believe a private forum with passwords would be the solution !
I believe the email they offer here is encrypted. That would help you guys out. Give it a whirl. Plus just sanitize your documents as much as possible. Goodluck buddy.
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Old 01-12-2007, 08:55 PM
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Yep!! That is the truth.
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Old 01-13-2007, 12:29 AM
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Quote:
Originally Posted by RICKO
I believe the email they offer here is encrypted. That would help you guys out. Give it a whirl. Plus just sanitize your documents as much as possible. Goodluck buddy.

I beg to differ my friend. I wouldn't trust anyting from here.

Second, if it a court doc, it PUBLIC INFO! Sanatize? Is there anthrax on this? Common, if it a legal doc, post it scanned, or give us the court house # and the day at the min. this was filed on. Public info, I wanna look at it to, or is this another story?
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Old 02-04-2007, 12:10 AM
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I would very much like to see your doc’s my email is jonesd@bigskytel.com or you can send them in a private message on this forum
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  #8  
Old 02-04-2007, 03:33 PM
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Gio7707 Gio7707 is offline
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Quote:
Originally Posted by djones
I would very much like to see your doc’s my email is jonesd@bigskytel.com or you can send them in a private message on this forum

here is the edited version :

MUTUAL RELEASE
SETTLEMENT IN FULL OF ALL CLAIMS

For and in consideration the mutual withdrawal of all claims by and between the plaintiff, and any and all potential claims of the defendant, , hereinafter “Defendants”, against plaintiff, the parties do hereby mutually release and forever discharge each other, their insurers, attorneys and their heirs, executors, administrators, agents, predecessors, successors and assigns, and all other persons, corporations and entities of and from all claims, demands and whatsoever kind or nature, for or because of any matter or thing done, omitted or suggested to be done by said parties, their insurers and attorneys and all other persons, particularly on account of all claims, damages and injuries to the parties resulting or to result, from the all matters claimed by plaintiff in ref.

To the subject matter of the lawsuit files by plaintiff against defendants in the United States xxxx. Of xx, docket xxx.Further, the plaintiff hereby authorizes and will immediately mark the aforesaid lawsuit as “dismissed with prejudice”.

The parties to this mutual release covenant that they will not maintain any present or future action against each other, or other persons that relates directly or indirectly to injuries, damages or expenses rising out of or related in any way to the incidents alleged in the above noted lawsuit, whether such injuries, damages or expenses were specifically alleged or addressed in said lawsuit.

It is further stated that the foregoing Mutual release has been carefully and completely read by the parties with counsel of their choice and that there is absolutely no agreement or reservation other than what is contained in this mutual release and the contents thereof are acknowledge and the same is signed by the parties own free act. Further, the parties understand that the consideration stated herein id all they will ever receive from and ion behalf of each other and is received with full knowledge that it covers all possible future claims against each other as a consequence of this action which forms the basis for the plaintiffs aforesaid complaint.

This mutual release contains the entire agreement between the parties hereto and the terms of the release are contractual and not a mere recital. The parties are represented by attorneys and have their advice and counsel before signing this release.

The parties understand that this is a compromise of a disputed claim, and that the payment of the settlement process is not to be construed as admission of liability by the parties by whom liability is expressly denied.

The parties state that the have read carefully the foregoing release and know the contents thereof, and sign the same own free act and deed.
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  #9  
Old 02-04-2007, 09:59 PM
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Gio,

Congrats on the win!!!! Seems that the plaintiff cried uncle and looks like they covered your legal fees in that settlement! And yes you are correct in sanitizing the personal info on an internet forum. Last year, one of our members (kaptnjack) actually had the debt collection attorney that was attempting to obtain a judgment against him, monitoring his posts here at suijuris. Anything you post can be used against you, especially if your agreement has a nondisclosure clause contained in it.
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