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Re: CA's what can they do? Ladynred, keyser, why chat...


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Posted by Keyser Soze (64.12.96.205) on April 21, 2003 at 00:22:11:

In Reply to: CA's what can they do? Ladynred, keyser, why chat... posted by Victory on April 20, 2003 at 18:45:38:

Probably best to try to negotiate with the OC if you can. Once the account is 'assigned" to CA you lost ability to negotiate and you really don't want to pay them anyway.
The cannot issue a 1099C for the 'forgiven' portion of the debt unless you do settle with them. Chances are very good that the forgiven part of the debt will in fact be picked up by some manure maven like AssXXXX Acceptance Craporation or the lamentable F.A. Management Solutions, Inc., Hugh Brett "the Butler" Shafritz, Barrister at large for even more fun and games.
So, don't settle with plop-fly CA's. Try hard to settle with OC. Also, a buck to the CA of course resets the statute.
If all else fails, do send the C&D letter. If these cretins of the coprador elect to file suit, hey, make it painful, costly, and time consuming for them.
Do your level best to duck the sheriff. Remember what your old pal Bozo sez:"No service, no case." Run up their meter in the wrong direction. Remember, money is supposed to flow inward, not outward.
If served, answer the suit to each listed count as "lacking in knowledge". This again forces these sewer pickles to work and costs them money. It tells them that you are not an easy mark.
You say the cards are large amount, am assuming this means over five thou per card. This is good, this puts you in civil court, where graduates of Lee Harvey Oswald School of Legal-like Stuff and Sheep Servicing are loathe to tread. Civil court rules are always to be preferred.
If small claims, consider a lawyer. Small claims is Kangaroo court, you are guilty until proven to be stripped of your skin. Some theorize this is being run in Florida as an experiment to see just how much scumbag CA and dootfly banker types can get away with, with a little help from their pals on the bench.
In one southwest FL county a certifiable nutcase tells defendants in small claims court that unless they agree to the plaintiffs' demands, they will be handed a judgement and 'the sheriff will go and get your stuff'.
Yeah, just like that, sure. No execution order, no appeal, no stay. Right. This psychotic stoop lackey to the bankers gets away with frightening the daylights out of debtors, to the delight of the sleazebag banker crowd.
Small claims is a study in scams. The mediators are really working for the creditors. They take the liability off the plaintiff lawyers by coercing you - they hope - into signing your life away with them. Don't.
Admit to nothing, sign nothing, show them you mean business. If you present as more trouble than you are worth, they may move along to their next mark.
Meanwhile, the goofball judge of 'get your stuff' fame will tell jokes to those in the courtroom, as if court is now the local set for some inane sitcom. And some still insist we aren't a third world country. You gotta see this jerk's act to believe it.
Fight hard, we are here for you.

Lovingly,

Keyser Soze

"I'm not interested in your proposition,
I don't want to hear it from you. And if
you'll pardon my saying so, you can all go
straight to hell."

- Dean Keaton, "The Usual Suspects"
c. 1995

-Let Mr. Keaton's words be your unspoken inner
guide in dealing with these CA pig-plops.


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