Original Creditors vs JDB and lawsuits

[frogger]

1. Most suits are filed by Original Creditors (OC's), correct?
2. Thus, is it a fair statement that majority of the time or all of the time that these 3rd party collectors are in the business or harassment but not civil lawsuits?

Answer #1 - No
Answer #2 - No

I see a lot of JDB suits, but very few from the OC. The only OC that I see in our courts is Discover, via an attorney.

[airahcaz]

Answer #1 - No
Answer #2 - No

I see a lot of JDB suits, but very few from the OC. The only OC that I see in our courts is Discover, via an attorney.

Discover seems to be a common one who will file suit even for a few thousand $. Interesting, I have seen and heard the opposite, more suits from OC's. Guess there is no hard and fast rule, was hoping there was some method to the madness.

[Freddy03]

Most orginial and JDB sue for "account stated" not breach of contract. If they use account stated no written contract is required as evidence.

[Freddy03]

Answer #1 - No
Answer #2 - No

I see a lot of JDB suits, but very few from the OC. The only OC that I see in our courts is Discover, via an attorney.

All 3 of my CC cases where from the OCs. I guess I'm one of the lucky few..lol

[airahcaz]

Most orginial and JDB sue for "account stated" not breach of contract. If they use account stated no written contract is required as evidence.

sorry, can you elaborate?

[Freddy03]

sorry, can you elaborate?

This was copied from another site -

"Most credit card companies cannot produce a contract with your signature, digital or other wise as part of their case against you. This can get the case tossed out immediately. The easiest thing for a Plaintiff to do when suing you to declare that the contract is account stated. If they use account stated as the contractual agreement, no written contract is required as evidence. This makes it much easier to win their case.

The other big advantage to establishing an account as account stated is that the cause of action is the account stated aspect of the contract itself. If the Plaintiff is basing their claim on a contract, many times you can get the case thrown out because no cause of action was stated. If their case is based on account stated, the cause of action is built in."

Now there are defenses that could be used to fight "account stated" I tried and was unsuccessful. FL seems to be very creditor friendly. I was sued by 3 different OCs. All for "Account Stated" and "Open Account". No contracts or proof was required by either. I requested the documents but the judge (in 2 cases) dismissed it and handed me the judgments anyway. The
3rd case withdrew their claim b/c at mediation they couldn't prove why the summons amount and actual account balance was off by $1000s. So that case is closed until they decide they want to try and sue me again by then I will have filed Ch 7 so.....

[DYLAN150]

Freddy03: Hey, thanks for posting that, but here is a question. If they can't produce the contract, then if something inflated their income on the application that wouldn't be an issue correct? Or am I wrong here?

[Freddy03]

Freddy03: Hey, thanks for posting that, but here is a question. If they can't produce the contract, then if something inflated their income on the application that wouldn't be an issue correct? Or am I wrong here?

I'm not undertanding your question. It would depend on what the suit is for. If they are suing for breach of contract then I would bet they have the contracts. In my cases both judges asked if I made payments, received statements and if I dissagreed with the total amount being sued for. I answered yes to all 3 questions and got the judgments.

[DYLAN150]

Freddy03: sorry... sometimes I think faster than I can type. Anyhow you answered my question.

[Freddy03]

Freddy03: sorry... sometimes I think faster than I can type. Anyhow you answered my question.

[IamOld]

IamOld: Ask away please: I took my money out of my accounts. My social security now goes to the Mastercard express card. My other checks are hardcopy to my home. I know the law says that social security, veterans benefits, and military retirement are exempt funds, I am not taking any chances with them. So there is no pay check to garnish. I never leave much in a bank account for them to take or try to levy. However, I have not been sued yet but know it will happen sooner or later. So what are they going to take? I visited a collection attorney here in town and asked him what one of these companies could do and he said pretty much said nothing but call me 24/7, sue me and file a lien on my no equity house. Car is a lease.
Washington state has a homestead act which protects up to 125k of equity in case the home market ever rebounds.

THANKS so much...it looks like being retired pays!!! I wish you all the very very best and thanks a million for replying.

unfortunately, my job(s) required direct deposit...AH but I have meeting with bankruptcy atty on Monday (again) hopefully we'll be filing something!

Dylan, I think it's wonderful that they can't touch you...!!!!!!!

Oh one more question - Mastercard express card - is that like a "Rush card" an account on a card only?

[DYLAN150]

IamOld: I copied this (below) from their site:

What is Direct Express®?
The Direct Express® card is a debit card you can use to access your benefits. And you don't need a bank account.

With the Direct Express® card program, we deposit your federal benefit payment directly into your card account. Your monthly benefits will be available on your payment day—on time, every time. You can use the card to make purchases, pay bills or get cash at thousands of locations.

And most transactions are free.

The Direct Express® card is both safer and more convenient than paper checks. Anyone receiving Social Security or Supplemental Security Income payments can enroll. No more waiting for the mail or worrying about lost or stolen checks

[IamOld]

IamOld: I copied this (below) from their site:

What is Direct Express®?
The Direct Express® card is a debit card you can use to access your benefits. And you don't need a bank account.

With the Direct Express® card program, we deposit your federal benefit payment directly into your card account. Your monthly benefits will be available on your payment day—on time, every time. You can use the card to make purchases, pay bills or get cash at thousands of locations.

And most transactions are free.

The Direct Express® card is both safer and more convenient than paper checks. Anyone receiving Social Security or Supplemental Security Income payments can enroll. No more waiting for the mail or worrying about lost or stolen checks

AH! THen you don't even really need a bank account - you essentially have a government bank account!!!!!!!