Settlement with Debt Collector

[jaylon]

I recently sued Encore Receivable Management, some debt collector who was reporting on my credit report. They claimed I owed them 366.00 from who knows where. So I sued them for 15k in county court, civil division!! My case was solid, I had them on non-response, violations of FDCPA, and FCRA.
The only mistake I made was that I moved for summary judgment for intentional infliction of emotional anguish in my motion for summary judgment because the FDCPA allows for unlimited damages if it can be proved.
The judge told me I had a good case, but that it would be hard to prove the emotional anguish, and I spoke with their lawyer, who was super cool and praised me for how air-tight the complaint was, and she said the same thing, in fact she even showed me some case law. She was an attorney that their general counsel retained because their registered agent for process is in kansas and I'm sure he wasn't making the trip!
So I settled with them for 2k, I consider it a victory because the tables were turned, they were begging me to settle, I didn't pay them squat, they cut me a check, and they jumped off of my credit report faster than you can say fraud!!

So I used that experience to sue West Asset Management, filed it on Friday. Same type of suit, however I sued for violation of the FDCPA and defamation of character, so we'll see how this one goes . . .

[masterduke]

Dude, You Rock!!!!!!!!!!!!!!!!

[2tim215]

Congratulations!

2tim215
2 Timothy 2:15 (KJV) Study to show thyself approved unto God, a workman that needeth not to be ashamed, rightly dividing the word of truth.

[mrg]

Way to go!

[charlesa6]

Heheheheheaaaaaaaaa! I loving it!

[powder]

That is awesome

[idknow]

Originally Posted by jaylon

I recently sued Encore Receivable Management, some debt collector who was reporting on my credit report. They claimed I owed them 366.00 from who knows where. So I sued them for 15k in county court, civil division!! My case was solid, I had them on non-response, violations of FDCPA, and FCRA.
The only mistake I made was that I moved for summary judgment for intentional infliction of emotional anguish in my motion for summary judgment because the FDCPA allows for unlimited damages if it can be proved.
The judge told me I had a good case, but that it would be hard to prove the emotional anguish, and I spoke with their lawyer, who was super cool and praised me for how air-tight the complaint was, and she said the same thing, in fact she even showed me some case law. She was an attorney that their general counsel retained because their registered agent for process is in kansas and I'm sure he wasn't making the trip!
So I settled with them for 2k, I consider it a victory because the tables were turned, they were begging me to settle, I didn't pay them squat, they cut me a check, and they jumped off of my credit report faster than you can say fraud!!

So I used that experience to sue West Asset Management, filed it on Friday. Same type of suit, however I sued for violation of the FDCPA and defamation of character, so we'll see how this one goes . . .

awesomely excellent and congrats!

Dont stop!

Way to take it to them.I think you may find case cites to the effect that "intentional" or 'wilfull" or things like that are not susceptible to summary judgment. In other words, even if you have all the facts to show obvious errors and a failure to correct, they could simply say, "oops, we goofed, suzy was sick that day, sure are busy" and on and on, or even- "gosh we have a lousy system for handling these types of complaints" and the judge could find it wasn't intentional. Think about it, if you got charged with something intentional, wouldn't you want the accuser to have to prove what your state of mind was?

[idknow]

Originally Posted by francis

Way to take it to them.I think you may find case cites to the effect that "intentional" or 'wilfull" or things like that are not susceptible to summary judgment. In other words, even if you have all the facts to show obvious errors and a failure to correct, they could simply say, "oops, we goofed, suzy was sick that day, sure are busy" and on and on, or even- "gosh we have a lousy system for handling these types of complaints" and the judge could find it wasn't intentional. Think about it, if you got charged with something intentional, wouldn't you want the accuser to have to prove what your state of mind was?

I was just reminded of a question; where in the constitutions and in law does it say that there is a duty to obey the order of a superior; where do judges get the balls or authority to tell *us* what to do?

we are not civil servants!


Who has authority over us? Our elected servants? Nop.
Our president? Nop.
Police (I've recently seen excellent evidence from civil war docs that they are a standing army) Nop.

who's left?

No one.

Re the police, have you gotten a good look at their uniforms lately? I have, they are military and admiralty!

Note the emblem of the flag that they all wear, and the other accoutremont that they sport.

[seeker]

Way to go, Jaylon! Those SoBs took me for over 2K before I found out wht they could and could NOT do. Come on over and let's clean 'em again for Fraud!@

Seeker