Re: Pre-trial - Now what?

Posted by LadynRed (199.91.33.254) on July 21, 2003 at 10:45:36:

In Reply to: Pre-trial - Now what? posted by PreTrial Denial on July 21, 2003 at 10:10:35:

Bad news - first contact CAN be a lawsuit, but they DO have to include the usual required mini-miranda and right to dispute statements WITH the suit or immediately following the service of the summons.

Pleading FDCPA violations will NOT help you in court. You must address their Complaint directly and answer their allegations. You can counter-claim for FDCPA violations later. About the only thing you CAN use in court, if you've requested validation prior to court, is to say you can't say for sure if the debt is yours as the plaintiff has not provided proper proof as required by law - the FDCPA.

The Affidavit from the lawfirm or collection agency is bullshit. Neither the CA or the lawfirm has any PERSONAL DIRECT KNOWLEDGE of the debt, ONLY an affidavit from the original creditor would have any REAL weight at all.

In order to win, all the plaitiff's lawyer has to prove is a preponderance of evidence to convince a judge - and if they've got statements or charge slips or the original agreement, then they could convince a judge. These scumbags win because people don't show up and they lawyers COUNT on that. By appearing and defending yourself, as is your right, you'll throw a monkey wrench into their little game and actually force them to do some work for a change to prove their case.

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