Debt Collector lost in Magistrate Court

[War]

Hi All

Just wanted to share some good news and let everyone know that a matter MUST be expressed to be resolved.

My son had a credit card debtthat grew to $5800 that he did not tender for over a year and a half. Until forty five days ago when he recieved a summons requesting an answer. Also with the summons was a affidavit,and a letter that looked like it was taken from the fair debt and practices act informing my son he had thirty days to dispute this matter.

We immediately sent the debt collector's attorney and the person that signed the affidavit a notice of written communication, and debt disclosure statement registared mail. Which they did not think they had to respond to.

The court date was pushed back by plaintiffs attorney forty five days.

My son and I went to the court house and answered the request by saying that he has never recieved any correspondence from the plaintiff whatsoever until this summons.

He then entered into the case file three days before the court date two affidavits stating that the plaintiff's attorney and the individual that signed the affidavit against him recieved a debt disclosure statement by registared mail more than thirty days ago and has not responded. My son's affidavit also stated that an affidavit that contains no vinue is insufficient per the notary hand book and gave them the definition of insufficient evidence from blacks law.

In a private room we met with the plaintiffs attorney to try and reach a settlement. He looked at the affidavits we had and said he did not no anything about the debt disclosure statement and ask about the issue we had with his affidavit. He stated that we did not rebut their affidavit point for point. I informed him his affidavit was insufficient. He got mad and said I see we can't work out a settlement so I will leave it up to the judge.

Later in the court room the judge listened to the plaintiff's attorney where he stated we could not reach a settlement and he thought the judge should make a decision in his favor. My son said your honor I don't know but from what I have been reading about the fair debt and practices act they have to show me proof of claim.

The judge stopped sat up streight and started to read the affidavids my son had put in the court files. After about ten minutes of nothing but silence in the court room the judge then ask the attorney if they had bought the debt which he responded yes. Then the judge ask if he had proof that my son owed them the amount of the account and the response was well not with me.

The judge then said I will make a decision on this monday.

To make a long story short monday arrived and the results was that the judge found in favor of the defendent.

So jusrt remember sometimes it might seem to late, but a matter that is not expressed may be costly.

Good Luck and Have Fun nothing personal just business

[charlesa6]

Good job. You should put it in success stories section.

[RICKO]

That attorney was full of hot air. He knew precisely what went on there. He screwed up, but he is so used to not being pick off that when the crap hit the fan he felt very incompetent I bet.

[charlesa6]

Yep!! No doubt.

[mrg]

Very good work War.

Thanks for your's and your son's vigilance in, doing your homework and going the distance.

Thanks for posting it here.

It has some information that is valuable to me.

[Friendsplacect]

Congrats, I researched the JDB that is suing me and 97% of the cases brought were won because the "defendent" never showed up.

[masterduke]

Originally Posted by War

Hi All

Just wanted to share some good news and let everyone know that a matter MUST be expressed to be resolved.

My son had a credit card debtthat grew to $5800 that he did not tender for over a year and a half. Until forty five days ago when he recieved a summons requesting an answer. Also with the summons was a affidavit,and a letter that looked like it was taken from the fair debt and practices act informing my son he had thirty days to dispute this matter.

We immediately sent the debt collector's attorney and the person that signed the affidavit a notice of written communication, and debt disclosure statement registared mail. Which they did not think they had to respond to.

The court date was pushed back by plaintiffs attorney forty five days.

My son and I went to the court house and answered the request by saying that he has never recieved any correspondence from the plaintiff whatsoever until this summons.

He then entered into the case file three days before the court date two affidavits stating that the plaintiff's attorney and the individual that signed the affidavit against him recieved a debt disclosure statement by registared mail more than thirty days ago and has not responded. My son's affidavit also stated that an affidavit that contains no vinue is insufficient per the notary hand book and gave them the definition of insufficient evidence from blacks law.

In a private room we met with the plaintiffs attorney to try and reach a settlement. He looked at the affidavits we had and said he did not no anything about the debt disclosure statement and ask about the issue we had with his affidavit. He stated that we did not rebut their affidavit point for point. I informed him his affidavit was insufficient. He got mad and said I see we can't work out a settlement so I will leave it up to the judge.

Later in the court room the judge listened to the plaintiff's attorney where he stated we could not reach a settlement and he thought the judge should make a decision in his favor.
The judge then said I will make a decision on this monday.

To make a long story short monday arrived and the results was that the judge found in favor of the defendent.

So jusrt remember sometimes it might seem to late, but a matter that is not expressed may be costly.

Good Luck and Have Fun nothing personal just business

What exactly did you have in your Affidavits that had the judge rule in your favor? What an amazing story. Imagine a judge that actually ruled on the merits of the case rather than the usual crap of, business as usual! Good job War!

[Judge Roy Bean]

Most debt-collection attorneys are used to just filing the papers and making an appearance to get a judgment. Very few of them are actual trial lawyers and have only limited experience with a live opponent. Robots could do as well. Some will simply drop cases if they run up against a seriously-prepared opponent (not one who uses bogus legal debt-elimination mythology).

It's a business. You buy debt portfolios, go after the easiest and biggest and then work on the others if you have the time. Some simply aren't worth it.

IMHO, an attorney who has lowered himself to this kind of practice deserves any embarassment I can heap on him.

[charlesa6]

Originally Posted by Judge Roy Bean

Most debt-collection attorneys are used to just filing the papers and making an appearance to get a judgment. Very few of them are actual trial lawyers and have only limited experience with a live opponent. Robots could do as well. Some will simply drop cases if they run up against a seriously-prepared opponent (not one who uses bogus legal debt-elimination mythology).

It's a business. You buy debt portfolios, go after the easiest and biggest and then work on the others if you have the time. Some simply aren't worth it.

IMHO, an attorney who has lowered himself to this kind of practice deserves any embarassment I can heap on him.

You don't say, JRB.