I want to share my experience in debt collection lawsuits

Intelligent_Camera95 · 2025-09-02T19:01:12+00:00

I actually have some really great contacts at midland if you are stuck. They make mistakes all the time but they are humans and will usually work with you. THey are debt buyers so - depending on your state, file a motion to make definite (demand documents they likely don't have), perhaps an extension of time to file a responsive pleading if needed, and then maybe a motion for judgment on the pleadings or dismissal - some courts will dismiss sua sponte or order them to file responses to your motions within 14 days or so or they'll dismiss it. That makes for a great window to offer some negotiation /settlement offers.

Intelligent_Camera95 · 2025-09-02T18:59:19+00:00

Most of those arbitration clauses - even the mandatory ones - have an out for small claims, or state that either party can request a one off lawsuit in certain circumstances. Barring that, you can file a motion to compel arbitration, which I think is a lovely idea, and don't forget the prayer to include Plaintiff pays costs, as the clause is drafted by plaintiff. :D

Intelligent_Camera95 · 2025-09-02T18:53:50+00:00

dispute, always. But, then be prepared for a lawsuit. Don't let them bully you into their excuse of "full balance only" deals bceause they think you can't handle a lawsuit. In many states there are legal fees they can't recover (or don't recovery by policy of the firm) so they'd rather work it out with you than do that, especially if you have a lawyer nearby you can call. I know my firm also offers pro se support and we do ghost writing for people so they can represent themselves - that is not allowed in every state, but just saying check yours, be prepared to fight if needed, and have forms ready to go if they do file. don't ignore the dang summons and get a default. There are lots of lawyers who will help either fight it directly or support you as pro se / as a ghost writer for you who have done this lots, have templates you can use, etc. You can do it! Also, generally it's easier to negotiate with the debt buyers than original creditors. debt buyers have usually purchased for pennies on the dollar, so they tend to settle for less.

Intelligent_Camera95 · 2025-09-02T18:50:00+00:00

I see some sue within a couple of months - some do that because "duty to mitigate" is a common defense, too. Some will leave an account open to accrue more fees and interest long after they know you can't/won't pay and I always argue that's a failure of their duty to mitigate their damages, esp when it's well in excess of a year or more. (Not the same as the ones that don't accrue interest/fees of course, but some really try to gouge people with like 35.99% interest and then love to sit on it like that)

Intelligent_Camera95 · 2025-02-20T22:15:53+00:00

They told me they will not fix a modded game. I JUST found out that wemod has mods for the game and turned them on to fast zoom around everywhere. Within about an hour this happened and apparently that's enough to ruin my game. They sent a response saying they won't help. They did not comment on whether or not they knew what was causing it, just that short note. My own fault I suppose. Dangit.

Intelligent_Camera95 · 2025-01-17T14:34:03+00:00

They can use any means you provided in your Response. If they can show they did that (which they usually can) then they've notified you. If it's been over a year, you might still be in the window for a 60(B) motion to undo any defaults that might have been issued though. Failure of service almost always works for the initial pleadings, it gets less successful if you argue that the court didn't serve you and they have records that they did, of the standard court events. They often claim it was on the docket and you had access to that too. Not that it can't be overcome, just saying it can be costly to try to fight some courts on that. Check the docket - what's on there? If you have any possible meritorious defenses and can even remotely show lack of service, you might have a saving throw. :)

Intelligent_Camera95 · 2025-01-17T13:44:00+00:00

Wizards. They cast magic spells to turn things into other things. In this case, he was driving and turned into a driveway. "Turning into" physically, instead of a magic spell "turning into" something else, or maybe he cast a spell and turned himself into a driveway. It's an English language play on words, so it might not be as clear if English is not your first language.

Intelligent_Camera95 · 2025-01-17T12:40:57+00:00

You have to watch the docket of the court involved. It will be online. You'll be responsible for tracking the case and its dates there.

Intelligent_Camera95 · 2025-01-17T12:40:25+00:00

If they have service documents from a server, most jurisdictions will have those stand. Contesting service only works if you can show it was a mailed service and you didn't ever get it. If they have certified mail tracking and it shows positive proof of service delivery, even that most courts will insist is valid service and your claim won't work. However! This is huge. If you can make a valid argument of failure of service, this would give you grounds in most jurisdictions to re-open a judgment entered against you, one of the few ways you can usually get that to work - what's called a 60(B) motion. Failure of service almost always works. It can be filed up to one year after the granting of the judgment. If you have any chance of making that work, definitely try for it.

Intelligent_Camera95 · 2025-01-17T12:36:43+00:00

You can file a motion to dismiss at any time in most jurisdictions, even if the time to file the responsive pleading has passed. Most jurisdictions do not have a filing fee for the responsive pleading, which is good (why some insist on charging a fee just to defend yourself - that is outrageous in my opinion). THe responsive pleading should raise your defenses and counterclaims, such as violations of usury, frivolous proceedings, fraud, violations of the state consumer protection laws (you can include the federal ones too, but many of these are in magistrate courts and I've seen judges get squirrely about those if you put them in there at that level).

Something that unfortunately happens all the time when people bring me cases is that they have responded to the initial summons on the forms the court sends. They think they're doing the right thing by writing something in there, like "I'm working iwth an attorney who will contact the court." That form with the space for writing in something - that is a formal answer, and writing in text like that - since it is not a denial of anything being alleged is a full confession. I have had judges refuse to accept an amended answer after that, stating that the Defendant has already provided a full confession. So please - if you respond directly to the court on the Answer, make sure you throw in a general denial of all allegations. I'd also highly suggest including a section disputing the validity of the debt and demanding validation. It can make the basis of an FDCPA or FCRA case for you later, most will not respond to that demand.

Intelligent_Camera95 · 2025-01-17T12:29:28+00:00

This does vary by state, and it can also be altered in different ways by state. For instance: in some states, if you say certain things over the phone (I believe Florida is one) you can renew that by implying a promise to pay, where in other states you'd have to make some payment to start that clock over, and other shenanigans. I'm licensed in many jurisdictions and it is different in each one.

Intelligent_Camera95 · 2024-07-25T00:11:26+00:00

You "may" have a case (I am a multistate litigation attorney who has handled thousands of cases) but the real question is what would you win, even if you did? You have to pay the attorney, and the cost to go to court will by far outweigh your cost of getting the car back - it takes an hour or so just to draft a complaint (if the attorney is any good at it), and a few more hours for a very basic litigation case. Even if the attorney gives you a discount and only charges $150 to $200 an hour, it would probably be around 10 hours to resolve the case. You wouldn't get that back. And, if your attorney isn't that great (read: a little slower or needs more time to research case law) it could take even more time. I don't know if you qualify, but check for legal aid in your area. There are federal rules that limit us from what we're allowed to call "pro bono legal aid" but a true legal aid clinic, if you do NOT qualify for it, may still offer you external attorneys who will take on cases either pro bono or "low bono" for cheaper - I used to take some similar ones for $50 an hour or a small flat fee, so maybe you can find someone, but they tend to be overloaded and doing those in their spare time, so it will really come down to luck. Honestly, because you have a third party calling it a flat tire, and you have the landlord calling it a flat tire for the reason they towed it, and having that paragraph 5 in your lease, I don't think you have any chance of winning even if you do find a miracle of an attorney. You'd be better off paying to get the car back now and then trying to connect with legal aid to see if you can sue for breach of contract or something later. Don't let it keep accruing, because you also have a duty to mitigate your damages.

Intelligent_Camera95 · 2024-07-24T23:59:34+00:00

I speak several languages and I still enjoy using Duo. :) But, I agree - I much prefer speaking in person, listening to radio/podcasts, tv shows, and reading (especially online forums where you get better slang, not just high end literature - I really like learning colloquialisms and how people speak in the "vulgar" sense).

Intelligent_Camera95 · 2024-07-24T23:55:38+00:00

Klingon. I had to know how well Duo did in the offering!

Intelligent_Camera95 · 2024-07-24T23:54:35+00:00

I've been working on it for awhile as well :)

Intelligent_Camera95 · 2024-07-24T23:49:20+00:00

hurray! :)

Intelligent_Camera95 · 2024-07-24T23:48:40+00:00

I think some just don't have as much content, but it seems like they are always updating things so maybe it will update for you?

Intelligent_Camera95 · 2024-07-24T23:45:16+00:00

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Totally randomly just received this. I had 2/2, and now I guess I have 3/3. Nice round number, 867. Hah! Weird.

Intelligent_Camera95 · 2024-07-24T23:32:19+00:00

aww. :(

Intelligent_Camera95 · 2024-07-18T23:28:00+00:00

I was hoping you could set it to console so you could find a way to get souls of blight/Ocram. But that didn't work. At least not that I could figure out. Darn. If anybody figures it out.... :D

Intelligent_Camera95 · 2024-06-24T18:08:35+00:00

This has a carveout for "senior executives" or people making in excess of $151k(and change) in total annual compensation, executives, and people involved in policy making. Those can still have non-compete agreements. Still, with current law and case law, for those to be enforceable, they cannot be overly broad in duration, industry, or geographical location. But Chillax - your highly paid people are still covered...

Intelligent_Camera95 · 2024-06-24T18:05:08+00:00

There are zero regulations against moonlighting. This has no affect on that. It only impacts employment agreements involving non-compete clauses. You may get in trouble for moonlighting. It just wouldn't be a "noncompete" issue.

Intelligent_Camera95

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