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Re: Collection Agency is suing my mother...please read
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Posted by Keyser Soze
(64.12.96.205) on June 11, 2003 at 19:31:33:
In Reply to: Collection Agency is suing my mother...please read posted by Need Help! on June 11, 2003 at 13:28:55:
Dear Need Help!;
Florida has pretty good debtor protections. If your mother is head of household her wages cannot be garnished, the home is protected, not likely there's much for these thugs to get.
Now, she must answer the suit in timely fashion. This will be in Small Claims court, otherwise known around this infernal county as small shams court. First, a pre-trial conference is held. Your mother will sit down and represent herself, or if she hires a lawyer he'll do the talking. The creditor's lawyer will be on the other side of the table. If your county has 'mediation services', please understand that these people are just retired bankers, loan officers, serial killers, deposed dictators, and other thuggish types who will act like they will 'mediate' the dispute but really they are another arm of the creditor.
The most important thing to do at the pretrial is to do nothing. Say little, sign absolutely nothing no matter how hard they try to con you. The creditor usually wants you to sign documents acknowledging the validity of the debt. This restarts the four year statute, you basically shoot yourself in the foot. And that's the idea, the creditor wants the defendant to prove the case, thus saving the creditor the work.
Pre-trial: Admit to nothing, no, you don't know anything about owing any money, etc. and sign nothing. Period. This will anger the creditor lawyer. The bloaty, gout-ridden poofter of a mediator will probably harrumph and walk out of the room grumbling that your mother 'has no sincere desire to settle, this will not be a good mediation'. Something to that effect. That is good, a point for you, tough for them.
They will probably want to go to trial. Again, the operant word is 'want' to go to trial. The more your mother fights back, especially if the debt is beyond statute, the more likely these pustules with legs are likely to drop the case.
Hundreds of suits are filed daily, most don't get to court. Familiarize yourself with the FTC rules, watch for violations by these criminals, it shouldn't be too hard to pick up on a bunch of them. Report these to the FTC and the Florida Banking Division. You are now taking control, fighting back and these worthless parasites are finding themselves having to spend money and work, as well as justify their conduct to regulators. They don't like this. Though. When they ask to settle, show them the same kindness they showed you. Burn them with every legal resource available.
And absolutely take no guff from Judge Cracker if he's presiding over the case. No doubt a golfing and bathhouse pal of the collection lawyer, he'll try to tell you that you will lose, and the sheriff will come and take your eye teeth. Again, this is all bluster in hope of coercing you to settle. Don't.
Nail these rotten punks to the wall. And by the way, although it goes without saying, BILL COLLECTOR is someone to ignore, just another pathetic soul whose back ward attendants must have stepped out for a snack, leaving him free access to the computer. Pitiful. Can't even spell Lien. Backwardly, Keyser Soze "People could stand a hundred chest X-Rays a
week, and they ought to have them."
- J. Frank Parnell, "Repo Man", c. 1984
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