P.S. THey also need your signature on a contract or payment.

Posted by Drew (24.59.27.46) on November 03, 2003 at 16:51:20:

In Reply to: Florida Kangaroo Court posted by Disgusted on November 03, 2003 at 13:36:26:

It is true that sometimes you will get kangaroo courts. However don't despair. Don't admit to anything. If they get a judgment against you, get a motion to vacate based on lack of documentation. A computer printout with name and address of a person does not constitute proof of debt. ANyone can provide that. I can go to my computer and print out something that looks like a legitimate bill statement from any number of accounting programs out there. They need a CERTIFIED copy of your contract or application and something proving that you paid them and an accounting of the payments and charges.

If they don't provide that and the judge rules against you, appeal it on the bases of lack of proper documentation. The nice advantage is that once the appeal process is in place, they cannot amend their case. THey cannot add more documentation to it. What they have is what they have.

There is always appeal process and you appeal right away if they rule against you. Some judges are basically the stool pieces for collection attorneys.

Also bring up in your appeal if you go that far that the debt collector and attorney are not licensed in your state. That goes to a federal court and it will not fly.

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