[jlynn]

Originally Posted by zpcg05

JP=Justice of the Peace?

Sorry, yes.

You say corporations have to be.. but it seems like there are alot of JDB that seem to be attorneys or least have attorneys,,and there are some CA like in my case that that are representing themselves as a debt collector, so why so many people in the mix?

Just to drive consumers insane.

[zpcg05]

So with so many people in the mix whats the chance they all have proper paperwork? In the courts what proper documentation are they or will they have to provide? How much substanctial evidence do they have to have or prove?

[Enigma]

Originally Posted by zpcg05

JP=Justice of the Peace?

You say corporations have to be.. but it seems like there are alot of JDB that seem to be attorneys or least have attorneys,,and there are some CA like in my case that that are representing themselves as a debt collector, so why so many people in the mix?

In FL corps have to be represented by counsel.

In your case, NCO a very large corporation retained (hired) Borack & Associates to collect what it (NCO) claims is due them. Borack & Associates is generating a paper trail that will lessen their chances of losing or being sued for FDCPA violations.

[Enigma]

Originally Posted by zpcg05

So with so many people in the mix whats the chance they all have proper paperwork? In the courts what proper documentation are they or will they have to provide? How much substanctial evidence do they have to have or prove?

In my experience Capital One does retain some documents but not all.

Read the FLORIDA RULES OF CIVIL PROCEDURE see Rule 1.130.

You need to begin read the rules.

Did you send your DV letter?

[zpcg05]

What kind of paper trail can they generate? Are JDB and CA's being sued on a regular basis? If so why do they continue to violate FDCPA.

[zpcg05]

Yes i was able to send DV letter today CMRRR. Now i just have to sit and wait and read, read , read. What are some of the most common and normal violations that JDB, CA, or other low lifes violate.

[zpcg05]

[quote=Enigma;67321]In my experience Capital One does retain some documents but not all.

Read the FLORIDA RULES OF CIVIL PROCEDURE see Rule 1.130.

Okay so what you are saying they have to show physical proof. The burden of proof is on them , correct?

[Enigma]

[quote=zpcg05;67324]

Originally Posted by Enigma

In my experience Capital One does retain some documents but not all.

Read the FLORIDA RULES OF CIVIL PROCEDURE see Rule 1.130.

Okay so what you are saying they have to show physical proof. The burden of proof is on them , correct?

Correct.

[Enigma]

Originally Posted by zpcg05

Yes i was able to send DV letter today CMRRR. Now i just have to sit and wait and read, read , read. What are some of the most common and normal violations that JDB, CA, or other low lifes violate.

Continued collection, harassing phone calls, etc.

[zpcg05]

Enigma if im not mistaken isnt there somewhere in Florida law that states when a person leaves a message say on an answering machine that it is admissible in court because they are knowingly and voluntarly doing so.

[Enigma]

Originally Posted by zpcg05

What kind of paper trail can they generate? Are JDB and CA's being sued on a regular basis? If so why do they continue to violate FDCPA.

Borack was contacted by NCO. NCO basically said this guy owes us $xxxx.xx do what you need to do to collect it.

Borack calls you and at the same time sends you a dunning letter. If you fail to respond by disputing in writing, then Borack can add to the COA (cause of action), Account Stated.

But you responded by disputing NCO's allegations. Now Borack must contact NCO who in turn contacts the OC (original creditor), Capital One. Capital One "should" review their files, confirm to NCO on Capital One letterhead that yes, the amount you dunned for is correct. NCO then in turn sends that letter to Borack who forwards it to you.

At that point you either pay it, negotiate a settlement, or tell Borack to get bent. Anything short of some type a payment will more than likely result in a lawsuit.

Filing suit against you is a gamble. It all depends on how "judgment proof" you are.

Is this alleged debt yours or your spouse's?

Why do CA/JDB violate? It is a matter of economics. I don't remember the exact figure, I beleive it is around 85% or higher of all lawsuits filed by CA/JBD result in default judgments. You do the math. Sit on a judgment, debtor buys a house, car or obtains other seizable assets; then the CA/JDB move to seize or foreclose on the asset. It's all about the money.

[Enigma]

Originally Posted by zpcg05

Enigma if im not mistaken isnt there somewhere in Florida law that states when a person leaves a message say on an answering machine that it is admissible in court because they are knowingly and voluntarly doing so.

I am not sure I understand your question. Do you mean it is a violation of some kind?

[zpcg05]

Originally Posted by Enigma

I am not sure I understand your question. Do you mean it is a violation of some kind?

Yes you stated normal violations continue collecting, harrassing phone calls etc,,, > I have phone answering service through local provider so all is documented. Just wondering .

[zpcg05]

But you responded by disputing NCO's allegations. Now Borack must contact NCO who in turn contacts the OC (original creditor), Capital One. Capital One "should" review their files, confirm to NCO on Capital One letterhead that yes, the amount you dunned for is correct. NCO then in turn sends that letter to Borack who forwards it to you.

So a simple yes he owes us this amount from OC on there letterhead whether they have the physical proof or not an Attorney and JDB when continue to persue?


At that point you either pay it, negotiate a settlement, or tell Borack to get bent. Anything short of some type a payment will more than likely result in a lawsuit.

Filing suit against you is a gamble. It all depends on how "judgment proof" you are.
Judgement proof= how much physical docs they can produce?

Is this alleged debt yours or your spouse's?
Alleged mine

Why do CA/JDB violate? It is a matter of economics. I don't remember the exact figure, I beleive it is around 85% or higher of all lawsuits filed by CA/JBD result in default judgments. You do the math. Sit on a judgment, debtor buys a house, car or obtains other seizable assets; then the CA/JDB move to seize or foreclose on the asset. It's all about the money.[/quote]

So instead of JDB call them investors.

[Enigma]

Originally Posted by zpcg05

Yes you stated normal violations continue collecting, harrassing phone calls etc,,, > I have phone answering service through local provider so all is documented. Just wondering .

Until you DV them or send a cease and desist letter they can call and leave a message.