How these debt cases work out in real court

[catleg]

Here is an appellate opinion in NJ of someone who was sued by a JDB over a Discover card debt. The debtor lost on every point.

[BigJohn]

It looks like Encore Receivable Management, Inc. one the case because the other side seemed to be 'stuck' on defending points that really didn't matter instead of sticking to the main points. Statute of Limititations was used as a defense but it doesn't appear it was ever discussed. Nor does it seem the the doctrine of laches, and the doctrine of "clean hands" were ever discussed.

[catleg]

I think the deck is truly stacked in favor of the creditors here. However, I will note that the debtor was able to keep the judgement at bay for well over a year by filing and responding to motions, which is quite an accomplishment. Special Civil is designed for quick justice. Most of the cases I find on the civil motions calendar are moving for garnishment or liens about 6 months after the initial filing.

[Bell30656]

Of course, upon leaving the courthouse the defendant promptly went to a bankruptcy attorney and the plaintiff, after paying out the fees, attorneys and etc got nothing...

[BigJohn]

This case should never have gone to court. It is cases like this that will make it harder for us in dealing with debt that is outside the Statute of Limitations and is owned by Junk Debt Buyers.

[catleg]

Of course, upon leaving the courthouse the defendant promptly went to a bankruptcy attorney and the plaintiff, after paying out the fees, attorneys and etc got nothing...

I certainly hope so. I should look it up on pacer. [time passes]. Nope, no BK. Doesn't mean they got paid.

About the only useful thing I've gleaned from these cases is that your best defense is to claim the suit was brought in the wrong venue.

According to FDCPA you have to be sued in either the county where you reside or where you entered into the contract. People seem to routinely blow this one.

[BigJohn]

I certainly hope so. I should look it up on pacer. [time passes]. Nope, no BK. Doesn't mean they got paid.

About the only useful thing I've gleaned from these cases is that your best defense is to claim the suit was brought in the wrong venue.

According to FDCPA you have to be sued in either the county where you reside or where you entered into the contract. People seem to routinely blow this one.

Business loans don't applt to the FDCPA and some business loans do have it written in their agreements they will sue in a certain State other then your State.