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Re: 3-13-2003 post-being sued after sol. Whats this


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Posted by Keyser Soze (205.188.209.12) on March 13, 2003 at 22:14:43:

In Reply to: 3-13-2003 post-being sued after sol. Whats this posted by margo on March 13, 2003 at 15:22:52:

Margo;

Lawguy seems to have a point here as always. In simple answer to your question re can Collection Agencies file suits for claims beyond statute, yes, they are doing this with demonstrable frequency. They do get default judgements smug in the knowledge that the debtor has an uphill battle to get a judgement for SOL claim removed. They are playing the odds, pure and simple.
In cases in which defendant contests based upon SOL, the scumbag collector will try some semi-creative baloney. They might claim that a note sent to an intermediate collector expressing a desire to settle, or perhaps a note asking a collector to stop threatening his family, constitutes an acknoledgement of the debt which restarts the statute. Right.
Why would they do that? Probably because they know that they can get away with it in a fair number of cases. Why?
In FLorida, some judges make it plain that they just don't want to hear 'excuses', 'challenges', or any other defenses from debtors. They have this lovely notion that after all, 'you do owe the money'. Right, and the bank is going broke as a result. And the sleazbag collection agency's owner has to get the seat heater in his fourth Rolls-Royce repaired. You know, the one with the donut cushion in the middle, for folks with, ahem, certain problems having to do with discomfort in sitting.
Some of the posts of late are telling. A fellow in FL small scams, er, claims, court is asked by the judge 'when do you plan to pay this debt?"
This case involves possible ID theft, the debt is not validated, etc etc, numerous problems. Yet the judge saves the gutless CA lawyer the effort of trying his own case by skipping right to the 'when did you stop beating your wife' line of questioning. Glad to see that judges can still be bought on the cheap, at least by credit card garbage eaters.
Yeah, these creeps do basically anything they can to get money. It really matters not if they are caught. So what? They pay a fine, perhaps, which pales as compared with the ill gotten gain they rake in.
A week or two ago you'll find a posting concerning an elderly disabled woman who paid money to a CA for a debt for which she was not responsible. She went without vital medicine. The CA toldher that either she pay or else - homelessness, confiscating her social security payments, and jail time. Illegal? You bet.
Did these scumbags get away with this? Hopefully not forever. Why do they pull these stunts? Hey, it's easy money, they can get away with it.
Most emetic of all is that gouty old pious line spouted by cracker judges and dope lawyers here, "Well, after all , they should pay their debts."
The bright spot is that the boldness of the CA's, Asset Acceptance, F.A. Management Solutions, Capital One, among them, has begun at last to garner the attention of those who are in a position to provide oversight even at the judicial level.
After all, when a judge is well known for conducting small claims 'arraignments' in a carnival atmosphere, telling jokes, threatening debtors, and flashing the green light to maggott CA lawyers whilst strutting around his courtroom in a clear state of psychosis, something sooner or later has to give.
What is disgusting is that so many debtors dragged into this new kangaroo court are on crutches, walkers, oxygen. HMO dirtbags have summonsed them in order to glean the last penny.
Might be a good idea for all in Florida reporting their experiences to name the county the better to direct resources for this upcoming project.

Keyser Soze


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