Board 8 > Oh hey i'm being sued

(+) Yeah! (+)

Update?

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I have texted a few times but never got a response I assume the phone is still gone
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I got another today

so update

I just simply wrote down on a paper that

I, Ol Punny

Want to put the motion of discovery in place to request and see if they have the right to sue by providing the original signed agreement that has my signature on it, and the chain of custody of paperwork detailing that they now own the debt and all of the proper paper work is in order and accurate
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And...and then what?

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and then we wait 45 days

I'm thinking about settling before then, but we're pretty much done at this point

I'm gonna wait til I get a pay check or two
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Punnyz posted...

I'm thinking about settling before then, but we're pretty much done at this point

<_< Don't settle before they present all the paperwork, my dude
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Punnyz posted...

So I got a call from the County Clerk

she told me the judge didn't quite understand what I was requesting with my Motion of Discovery

so I'll have to hand write a letter saying what I meant

but she assured me that my reply IS in, the deadline didn't reset back to today because of this

I'll have to be more specific

I said I wanted the Signed Agreement and the Chain of Custody of All Paperwork and that was too vague

This is why you shouldn't be taking advice off the internet. If you intend to not settle this with them, then get legal representation.

If you are trying to buy time, they might even be willing to help you with that so that you can come up with the money.

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When he gives pointless advice, you should Ignore Corrik.
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no updates

would I hear if they dropped the lawsuit?

also, what does it cost to sue someone?
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Punnyz posted...

also, what does it cost to sue someone?

the range is about as big as "how much does it cost to be sued"
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like, you just go to court and you say I wanna sue and they're like okay?
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there are court costs but not huge I think

most of it is attorney fees which, what santa said
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Right, small claims court can be done without lawyers and can involve really minor sums of money. The main cost of going through court, particularly without a lawyer involved, is your time.
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Okay, its been brought up before, but I was just seeing how hypothetically invested they would be in this

if they paid lost of money, I would say so

Hey santa, has your dad ever traveled to another county, let alone 4 hours away, to get money
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Id imagine they have legal support on staff or retainer but I dont know much about this stuff
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I feel like actual banks usually have good lawyers, but debt buyers (which iirc you said is the case here) get cheapo bottom-of-the-barrel lawyers
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No news is good news, dude.

You already sent them the request for proof.

As long as youre squared away on your end, the more time it takes, the less motivated theyll be.

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Punnyz posted...

Hey santa, has your dad ever traveled

naw dude, debt collections isn't about traveling or forcing. It's about manipulation and fear. There's almost literally nothing debt collectors can legally do to get money nowadays, so their best bet is to make their victim fell trapped and in danger so they pay any amount just to be free of that.

It's some f'd up s but he makes p good money
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The court date will be coming up soon. Will he automatically forfeit if they don't show up? And I don't know what to do if they do show up or what to say
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I think while it's essentially automatic, the judge has final say.

But if they do show up (which like, unless they're a local collector is unlikely), you just have to say you have no recollection of not paying, and there's no reason you wouldn't. Also mention how you haven't changed addresses and they made no attempt to contact you about it.

Then it's basically 100% up to the judge. You showing up is gonna put a lot of favor in your corner, because nobody likes 3rd party collectors. It's not like you're not paying them what you owe them, it's somebody else decided the debt wasn't worth it and sold it for pennies to a scavenger.

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trial set for december
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Just imagining Tony being a scumbag to do whatever he can to get out of paying money he agreed to pay. Lol.

At the end of the day, if you owe it then you should as an adult feel a responsibility to pay back what you owed.

That said, a lot of times they won't show up to court mostly cuz they expect you not to and get an automatic judgment. If they show up, you are basically ensured to lose and probably owe court costs on top. So it's a roll of the dice if you do want to go that route.

It likely will roll in your favor, but it also might not. That's the nature of the gamble.

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Corrik7 posted...

If they show up, you are basically ensured to lose and probably owe court costs on top.

This has already been addressed, the laws are highly stacked against debt vultures because of how predatory they can be.

Unless your original agreemeny specifically said youd pay for any court fees (which they usually dont), you legally cant be forced to pay their court fees.

Corrik7 posted...

At the end of the day, if you owe it then you should as an adult feel a responsibility to pay back what you owed.

Also the entire purpose is making them prove it. You dont just pay people who show up to your house with a bill and tackled on late fees, thats nuts.

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ChaosTonyV4 posted...

This has already been addressed, the laws are highly stacked against debt vultures because of how predatory they can be.

Unless your original agreemeny specifically said youd pay for any court fees (which they usually dont), you legally cant be forced to pay their court fees.

This is relatively incorrect on the latter portion.

ChaosTonyV4 posted...

Also the entire purpose is making them prove it. You dont just pay people who show up to your house with a bill and tackled on late fees, thats nuts.

Yeah, if I owed someone money, I would pay it back. If someone came to my house with a bill with interest for something I owed, I would ensure with the initial party that they transferred my debt and then work out an agreement with the new person due to my negligence. It is called responsibility and not trying to swindle your way out of paying what you are supposed to. You are outright trying to tell him to try any means to get out of the debt he already says he rightfully owes in a way that COULD backfire and make him owe more.

This is why people should go to a lawyer for advice in scenarios like this because I assure you that Tony who wants to try and swindle out of paying his own rightful debts is NOT going to be paying your extra amount you owe if things go south.

He can easily come to an agreement with them to probably pay off what he actually owed and to discharge the interest accrued, possibly even lower than what he actually owed. But, you are taking him down a path that while not likely to backfire could backfire with having a judgment on his record for however many years his state allows, owing all interest and fees accumulated, and court costs on top.

If you have not seen a lawyer for a free consultation, you should.

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Yeah Corrik, Im sure youd jump at the chance to pay the full amount of a debt you may or may not have even missed and/or was never brought to your attention especially from some random company.

Just like pleading the fifth, it is not a swindle to utilize your rights.

As has been stated six billion times, debt collectors often sell debt and it frequently gets sold multiple times, so a smart person obtains irrefutable proof the debt collector theyre talking to is actually owed the debt.

This money isnt going to some poor person he forgot to pay, theyve literally already written it off. This is a vulture who may or may not even own the debt,

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Corrik7 posted...

If you have not seen a lawyer for a free consultation, you should.

I feel like this sentence proves he hasn't read the whole topic

or beyond a few posts
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ChaosTonyV4 posted...

Yeah Corrik, Im sure youd jump at the chance to pay the full amount of a debt you may or may not have even missed and/or was never brought to your attention especially from some random company.

Just like pleading the fifth, it is not a swindle to utilize your rights.

As has been stated six billion times, debt collectors often sell debt and it frequently gets sold multiple times, so a smart person obtains irrefutable proof the debt collector theyre talking to is actually owed the debt.

This money isnt going to some poor person he forgot to pay, theyve literally already written it off. This is a vulture who may or may not even own the debt,

He already acknowledged the debt was legit in this topic. He owed it. He didn't pay it.

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The problem is that even if he owes someone money, if they don't actually own the debt and he pays he could be forced to pay again to whoever actually does own the debt
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Corrik7 posted...

At the end of the day, if you owe it then you should as an adult feel a responsibility to pay back what you owed.

He doesn't owe it
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Say the word reparations and then see how Corrik really feels about paying back what is owed
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the thing is, this isn't a typical borrower/lender case where a guy borrows tons of money, refuses to pay it back, and then attempts to weasel out of it.

pun missed a credit card payment and didn't realize it. the bank, instead of contacting him and saying "hey you missed your payment," just sat on it for years to let it rack up interest. then they sold it to a debt buyer for quick cash.

that is extreme asshat territory and I support pun trying to get out of it however he can
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And if it wasn't clear already, the debt collector seems to be a company. Not just one guy. I don't know if that makes any kind of difference at all
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Drakeryn posted...

pun missed a credit card payment and didn't realize it. the bank, instead of contacting him and saying "hey you missed your payment," just sat on it for years to let it rack up interest. then they sold it to a debt buyer for quick cash.

that is extreme asshat territory and I support pun trying to get out of it however he can

I think it is safe to say it didn't happen that way. And, it still doesn't change the fact that it is a debt he owes and should repay. He can try and sleaze his way out of it. That is his option. However, he shouldn't be upset if it backfires and he owes more.

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Heroic Bigpun posted...

And if it wasn't clear already, the debt collector seems to be a company. Not just one guy. I don't know if that makes any kind of difference at all

That is almost always the case.

Whoever you owed money to... say you owed them $500. They realized you weren't gonna pay them and instead of wasting their time, they sold your debt to a debt collecting company for say $300. The debt collecting company is trying to profit off this by getting like $450 at least if not all of it with interest after they go after you.

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Corrik7 posted...

Drakeryn posted...

pun missed a credit card payment and didn't realize it. the bank, instead of contacting him and saying "hey you missed your payment," just sat on it for years to let it rack up interest. then they sold it to a debt buyer for quick cash.

that is extreme asshat territory and I support pun trying to get out of it however he can

I think it is safe to say it didn't happen that way.

on what basis
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Corrik, why do you keep arguing this when you didnt even read the topic?

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ChaosTonyV4 posted...

Corrik, why do you keep arguing this when you didnt even read the topic?

You are arguing nonsense. Figuring I have responded to you throughout this topic, that makes it more likely you haven't read the topic than I have.

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Drakeryn posted...

on what basis

Sounds like a biased story. They didn't give up and sell their debt to a collection agency at a loss without having tried to recoup their debt. That is simply common sense, drak! We shouldn't toss that by the wayside in our blind belief of one side of a story.

They don't sell your debt because you missed one payment and you didn't realize it.

They sell your debt when you miss multitudes of payments, and they cannot get you to pay the amount because they either can't get a hold of you or because you are uncooperative. Whichever.

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And for the record, I am hoping it works out as best as possible for you, Pun. I don't want to see you possibly riddled with a much larger debt because people are telling you not to try and work out an agreement by settling your debt. You sound like that is the last thing you can afford to happen to you from what I gathered.


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Corrik7 posted...

You are arguing nonsense. Figuring I have responded to you throughout this topic, that makes it more likely you haven't read the topic than I have.

If you actually read youd see this court date is literally for the collector to prove they own the debt.

Corrik7 posted...

Sounds like a biased story. They didn't give up and sell their debt to a collection agency at a loss without having tried to recoup their debt. That is simply common sense, drak! We shouldn't toss that by the wayside in our blind belief of one side of a story.

They don't sell your debt because you missed one payment and you didn't realize it.

They sell your debt when you miss multitudes of payments, and they cannot get you to pay the amount because they either can't get a hold of you or because you are uncooperative. Whichever.

The actual first post of the topic he explains it was the final payment and assumed it was closed.

In a debt collectors case, they need to prove they tried contact him for the debt to charge late fees or interest

(edit: clarification point because I know you wont try to understand. If they bought a debt of X amount on Y date, they need to prove they contacted him to charge for anything past Y because Pun cant be psychic, there is literally a law about this to protect consumers from fraud)

Links were literally shared showing the laws.

Read the damn topic.

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You can say it in whatever way makes you feel important, Tony. It changes nothing. Not sure why you are trying to keep repeating the same nonsense over and over to try and inflate your self-worth in your own mind.

Tsk tsk.

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It has fuck all to do with my self-worth, and everything to do with saving Pun from vultures.

Turn your comment right back at yourself, dude.

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Sure it does. Your advice from literally the beginning has been to gamble against it knowing he can't even really afford the debt itself, let alone the possibility of it being significantly higher if you are wrong.

Nah. You don't give a shit about him. You care about trying to be right cuz you think cuz you once went through a somewhat adjacent situation you know what you are talking about. I am the one looking out for him by telling him to play if safe and not having him gamble despite how much likelier it is to work in his favor.

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Youre literally saying he should offer to pay a debt to an entity who hasnt even proven they own it.

Just stop talking.

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Lmfao okay, bud.

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Me: Get them to prove they own it, get them to prove its valid.

Texas Finance Code, Section 392.303:
All third-party debt collection agencies are required to provide evidence that they have the authority to collect interest or a charge, fee, or expense incidental to the debt obligation.

At the time you were issued your loan or credit line you most likely completed and signed an application. This application should have specifically detailed the interest rate, charges, fees or incidental expenses that could be charged in the event of late payment, non-payment or default.

The debt collector must show proof that you agreed to these additional charges and that those charges have been expressly authorized by said agreement.
If they are unable to show definitive proof, which includes your agreement to the terms of the loan, then they are illegally adding fees, interest and charges to your balance

Corrik: Stop gambling and just offer to pay without knowing whether its legit.


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Either A) Pun is literally already liable for the fees, in which case he is legally allowed to have them prove it without further penalty, or B) They cant furnish proof he is liable, in which case he pays the original missed payment at the absolute most, and likely far less, and nothing if they dont show.

Sorry you didnt bother to read any laws (or the first post, or the topic, or the...), Corrik, but I did.

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Mommy, daddy, stop fighting
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w0w
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You know all the facts, that his original debt was shaky at best, that the debt was sold and thus the bank is already happy, and that there's no risk of his debt getting any worse by going to court. But you still spout weird financially suicidal nonsense as a charity to the debt collector and the bank.

The only explanation I can think of are that you think that bank teller girl will be so impressed she'll drop her restraining order.
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