lawsuit

[CargoJon]

It strikes me as the OP has a legitimate case to show that the CA did not make reasonable efforts to properly serve him/her. When the CA received a letter a week before filing containing the OP's proper contact information (and thank god OP has paper trail for this) it shows CA not making reasonable effort.

 

I'd bring this to light in my unclean hands defense, as well as the violations.

[FLgirl]

CargoJon,

Thanks for the info!

I was dunned by another CA last year and I recently found out that CA was acting on behalf of this CA; I was "read my rights" when I called them in June about the multiple listings, so my DV was sent after the 30 days to dispute

 

I have my credit report from June showing 2 listings. I did online dispute with EQ and both listings were verified and updated in July (I have that report as well).

 

 

Play...: That sounds about right. This CA has been called a bottom-feeder many times on this and other websites.

[Shawnee]

There is a pre-trial listed for 9/14.  So if they don't serve me before then, they will reschedule it or something?  Do I still show up that day?

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You have to be careful here. Since it appears they may not have documentation for the alleged debt, they may be setting you up for a default judgment by filing a bogus proof of service and filing for a default. This is a common tactic by CAs and JDBs.

 

My advice to you is to go down to the courthouse and pull everything related to the case. Once you have the paperwork, contact the FL Bar's attorney referral service. You will get a thirty minute consultation with an attorney for $25, which should be enough time for the attorney to guide you in how to handle this. Here is a link to the service:

 

http://www.floridabar.org/tfb/TFBConsum.ns...12?OpenDocument

[RealtorKen]

Make sure you appear with copies of FDCPA in hand.

 

Most likely the judge will not be familiar with it. Make sure the applicable part is highlighted.

 

IMO Personally I would as soon as the court takes roll call is sit with their attorney and make them aware that they violated a bunch of laws and either they consider the debt paid in full or you will be retaining a lawyer.

[FLgirl]

You guys are great!

Thanks for all of your input/info/ideas.

[LKH]

"9/1 summons returned-no service"  What does that mean? 

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It means you haven't been served. They can't proceed until they serve you.

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I'm assuming that civil court is the same as family court in this regard, but all they have to do is make a "reasonable" attempt to find you and serve you. "Reasonable" being subjective, of course. I've heard stories of less-than-ethical people paying someone to sign that they attempted to serve a summons, or actually did serve the summons, and then never even make the attempt. Theoretically, if they make the "reasonable" attempt to find you, and they can't, then they can proceed and get a default judgment, which is probablty what they want. If what the OP says is true, and I have no reason to believe it isn't, I suspect that the CA is trying to skirt the legitimacy of the process and get an easy default judgement before the SOL expires because they know they can't validate the debt.

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In most cases they cannot just proceed as if the defendant had been served. They can publish the summons in the legal paper for as per local law. But usually, just saying you couldn't serve the def. doesn't give them the right to proceed as if they were served.

[FLgirl]

But served or not, I should show up for the pre-trial with all my paperwork, right?

I want to make sure because I have to miss part of my work day for this during our busiest season.

[TampaDude]

But served or not, I should show up for the pre-trial with all my paperwork, right?

I want to make sure because I have to miss part of my work day for this during our busiest season.

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It's worth taking a day off work to stick it to those corksuckers!

[Why Chat]

You MUST show up to defend yourself.

IF the hearing is postponed or cancelled due to lack of service, it will show up on the case-file or you can call the Court Clerk the day before.

 

Unfortunately, the lack of a response to your DV may NOT be enough to "get you off". MOST LIKELY they do NOT have sufficient documentation to prove their claim, and did a "sewer service" job on you to get them a default judgment.

 

You should claim NO KNOWLEDGE of this debt, and provide the Court with the DV letter as PROOF that you had TRIED to obtain some evidence of the debt from them, NOT as "proof" that they were in violation of the FDCPA or had "unclean hands".In my opinion, trying to show how much you know about the FDCPA or FCRA in front of a Judge, (much less providing him with a copy of the FDCPA to "educate" him/her) would be a BIG mistake.

 

You should NOT claim SOL UNLESS and until the plaintiff is ABLE to produce PROOF of THEIR claim with account records and dates. IF they have this, together with PROOF that it WAS your account, you should request a postponment to obtain legal assistance to prepare an answer, because you were NOT properly served and only found out about the hearing accidently when you were looking up other records.

 

Unfortunately, this is what MIGHT happen to ANYONE when you DV before SOL.

Edited September 9, 2005 by Why Chat

[LKH]

I'm curious how she is supposed to even know about this hearing since she was never served. If she hadn't of been looking herself up, she'd never have known about it.

[Why Chat]

I'm curious how she is supposed to even know about this hearing since she was never served. If she hadn't of been looking herself up, she'd never have known about it.

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As I said "because you were NOT properly served and only found out about the hearing accidently when you were looking up other records."

[FLgirl]

I was told by the CA that there was a lawsuit against me in June when I called them. It was supposedly filed in TN (where I haven't lived since 1997) and the person I spoke to acted surprised that I hadn't been served. They knew at that time that I lived in FL because she read my address to me. I found out that of course there was no lawsuit. I moved since then and included my current address in the letter to them. I only checked the FL court site because I have read that this CA loves to get default judgments against unsuspecting people. I am glad I did because otherwise, I would have known nothing about it.

[FLgirl]

QUOTE(FLgirl @ Sep 9 2005, 12:17 PM)

But served or not, I should show up for the pre-trial with all my paperwork, right?

I want to make sure because I have to miss part of my work day for this during our busiest season.

 

 

 

 

 

 

It's worth taking a day off work to stick it to those corksuckers! 

 

Oh I agree. It's just that I want to make sure I show up at the right time. If the show is gonna go on whether I am served or not, I will be there!

[LKH]

I'm curious how she is supposed to even know about this hearing since she was never served. If she hadn't of been looking herself up, she'd never have known about it.

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As I said "because you were NOT properly served and only found out about the hearing accidently when you were looking up other records."

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I know you did and my post wasn't directed to you solely, it was a question to everyone, meaning, if she hasn't been legally informed of the hearing, how can it go on as scheduled?

[flacorps]

One wonders if showing up in court for the pretrial with the DV paperwork in hand wouldn't catch the CA's attorney's still asleep in their barracks (not showing up, because they don't have service so they assume hearing will be automatically canceled).

 

Judge might ask "so why are you here if you weren't served?" and if your story is good enough (it's bogus, they never provided validation, they said they'd sued me in TN, but I checked FL just in case, they had my current address and apparently couldn't get their act together enough to get the process server to the right place, I've had it with going around and around with them), he might dismiss the action entirely (but probably "without prejudice", meaning they could refile), leaving them to pony up another filing fee out of pocket if they want to pursue the matter.

 

At which point they might decide not to throw good money after bad.

[IAmMyKidzMom]

Sorry to sound so dumb, but how do you check such things?

[flacorps]

Sorry to sound so dumb, but how do you check such things?

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Google <your county> court clerk ... usually there's a website you can search ... sometimes it only shows filings that are final dispositions (judgments, satisfactions, deeds, mortgages, etc.), however.

 

In such case, you would have to call or visit the clerk's office.

Edited September 9, 2005 by flacorps

[Savemycredit2004]

Can you give a "hint" on who the CA is???

 

I am wondering if these are the same jerks who might sue me too.

[FLgirl]

Yea I checked my county's clerk of court website and searched for my name.

For the supposed lawsuit in TN, I had to call the clerk's office.

[CargoJon]

I'm curious how she is supposed to even know about this hearing since she was never served. If she hadn't of been looking herself up, she'd never have known about it.

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As I said "because you were NOT properly served and only found out about the hearing accidently when you were looking up other records."

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Which is why I had mentioned the doctrine of unclean hands.

 

If she has verifiable proof that the CA had her current address, and they claim it was impossible to serve her correctly (which they already have) they have in essence lied to the court. Case dismissed.

[flacorps]

I don't think she needs to claim her finding the suit was an accident. She can just say she was being vigilant because the CA was nasty and untrustworthy.

 

I'm not sure the "unclean hands" argument would carry any weight (more likely to result in sanctions against attorney than against client), but it's worth mentioning that she hasn't hidden her current address; rather it was on her DV letter... Judge might dismiss for some grab-bag reason (basically on account of stupidity).

[IDare]

I'm curious how she is supposed to even know about this hearing since she was never served. If she hadn't of been looking herself up, she'd never have known about it.

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As I said "because you were NOT properly served and only found out about the hearing accidently when you were looking up other records."

<{POST_SNAPBACK}>

 

I know you did and my post wasn't directed to you solely, it was a question to everyone, meaning, if she hasn't been legally informed of the hearing, how can it go on as scheduled?

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Oh it can happen. Happened to me when my ex had a temporary restraining order overturned by default by having me "served" at a bogus address. I knew nothing about the hearing on the TRO until "magically" the notice that it was over and done with managed to be sent to my correct address. Needless to say I took that letter straight from my mailbox to the court room and got that fixed pronto. Just goes to show, it can happen.

[CargoJon]

I don't think she needs to claim her finding the suit was an accident. She can just say she was being vigilant because the CA was nasty and untrustworthy.

 

I'm not sure the "unclean hands" argument would carry any weight (more likely to result in sanctions against attorney than against client), but it's worth mentioning that she hasn't hidden her current address; rather it was on her DV letter... Judge might dismiss for some grab-bag reason (basically on account of stupidity).

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Read the links on unclean hands. The plaintiff is denied their claim...no sanctions on lawyers...dismissal of case.

 

I'm not saying it is the ONLY angle to pursue, just one that often times I believe we overlook here and should be added to the arsenal for the OP.

[mooremikey1]

Help me out here, I just got served a summons.

 

It was dropped off I dont know if they have to personally hand deliver it to you or not.

 

But anyway I researched it, it looks like perhaps one of the CRA's filled out a form to list as an attorney, and well I have the papers here stating that I have to appear next month. Im baffeled and dont know what to do next.

 

The phone number for the lawyer and the CA are the same as well as the addresses. The addresses being the same set me off to see if they where actually located in the states they say they are in and trying to collect from. I found some info both of them the CA & attorney are located in Colorado. Colorado requires the company to be located in the state but, the state I am in now (Ohio) has no laws, again to the best of my knowledge.

 

The collection comes from Household Bank originally and now Liberty Acquisitions, LLC. has it. I am not up to snuff yet on when my accounts get switched around like that, and from what I do know or believe to be true is that only the original holder of the debt can sue.

 

Anyway please help, some direct answers, I dont bode well doing the internet research thing, I must admit I did a good job today once I got my summons though!!

 

SANDBOX

[CargoJon]

Help me out here, I just got served a summons.

 

It was dropped off I dont know if they have to personally hand deliver it to you or not.

 

But anyway I researched it, it looks like perhaps one of the CRA's filled out a form to list as an attorney, and well I have the papers here stating that I have to appear next month. Im baffeled and dont know what to do next.

 

The phone number for the lawyer and the CA are the same as well as the addresses. The addresses being the same set me off to see if they where actually located in the states they say they are in and trying to collect from. I found some info both of them the CA & attorney are located in Colorado. Colorado requires the company to be located in the state but, the state I am in now (Ohio) has no laws, again to the best of my knowledge.

 

The collection comes from Household Bank originally and now Liberty Acquisitions, LLC. has it. I am not up to snuff yet on when my accounts get switched around like that, and from what I do know or believe to be true is that only the original holder of the debt can sue.

 

Anyway please help, some direct answers, I dont bode well doing the internet research thing, I must admit I did a good job today once I got my summons though!! 

 

SANDBOX

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In your case I would create a new post in the "Help, I've been served" forum...