Post
by Dr. Derpface, J.D. » Thu Jun 07, 2012 12:02 am
Back in March, some collector sends me a demand letter, saying I owe them some amount of money. Per my rights, I dispute the demand, and ask that they supply verification. Instead, they file a lawsuit against me. Well, in so doing, they rack up enough FDCPA violations (due to the timing of the lawsuit and undercutting the mandatory 30 day period to dispute the original demand) to be liable for more than they claim I owe them. I point this out in my counterclaim, citing the exact sections they are violating and how they are violating them. I document EVERYTHING. Every scrap of paper from them or that I send is kept. I file plenty of documentation proving they screwed up to go with both a motion to dismiss and the counterclaim.
Opposing counsel shows up late and unprepared for the motion hearing. Since I was acting pro se and it was my first appearance in front of a judge for any reason, I wasn't thinking on my feet enough to call them out on some BS excuse they gave that got them a stay on the motion to dismiss and time to find the legally required documentation. HOWEVER, turns out they probably never had it. Later that week I get an answer to my counterclaim, which is basically them throwing defenses at the wall to see what might stick. The very next day, they send an Agreed Order of Mutual Dismissal, offering to drop everything with prejudice. I called the opposing counsel to make 100% sure this would permanently end the matter, which they said it would. So now I'm just waiting on the final paperwork from the clerk's office to verify that the case is over.
tl;dr - I fought a bunch of sharks and won because I didn't roll over and let them take what they wanted. Score one for the little guy.
Tinnitus
<Fire_Starter> Stirspeare: college=failsauce?
<Stirspeare> Fire_Starter: Electoral college etc.
"Then you weeaboo faggots need to stop thinking that Japan is ZOMG awsmsauce where all ur waifu dreams come true."
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Kionon / Athena - January 12, 2010