What Should I File to Win a Case Against a Fraudulent Debt Collector?

Question from Jim, What Should I File to Win a Case Against a Fraudulent Debt Collector?

Answer from AI:

If you are dealing with a fraudulent debt collector and have already filed a Motion for Entry of Default Final Judgment, there are several steps you can take to strengthen your case. Here’s a general guide on what you might need to do:

1. Understand the Legal Grounds

You mentioned that the debt collector’s conduct involved “Subornation of Perjury, Defamation of Character, False Claims, Misrepresentation, Negligence,” and violations of the Fair Debt Collection Practices Act (FDCPA). Here’s a brief overview of these terms:

• Subornation of Perjury: Inducing someone to commit perjury, which is lying under oath.
• Defamation of Character: Making false statements that harm someone’s reputation.
• False Claims: Making fraudulent claims, often for financial gain.
• Misrepresentation: Providing false or misleading information.
• Negligence: Failing to exercise reasonable care, resulting in harm to another person.
• FDCPA Violations: The Fair Debt Collection Practices Act prohibits abusive, unfair, or deceptive practices by debt collectors.

2. Gather Evidence

To support your claims, you will need to gather and present evidence. This may include:

1. Settlement Agreement: The agreement between Mr. Long and the original debt collector, which shows the debt was forgiven.
2. Communication Records: Emails, letters, or phone call recordings between you and the debt collector.
3. Credit Reports: Documentation showing the debt was removed or should have been removed from your credit report.
4. Witness Statements: Testimonies from individuals who can corroborate your claims.

3. File a Motion for Default Judgment

Since MB&W did not respond to your Motion for Entry of Default Final Judgment, you may be able to file a Motion for Default Judgment. This motion requests the court to rule in your favor due to the other party’s failure to respond.

4. Legal Representation

While you can represent yourself, it is often beneficial to consult with a legal professional, especially in complex cases involving multiple legal claims. An attorney can help you:

• Ensure all necessary documents are filed correctly.
• Present your evidence effectively in court.
• Navigate any legal complexities that arise.

5. Relevant Laws and Resources

Here are some resources that might be helpful:

• Fair Debt Collection Practices Act (FDCPA)
• Consumer Financial Protection Bureau (CFPB) on FDCPA

6. Court Procedures

Familiarize yourself with the court procedures in your jurisdiction. This includes understanding how to file motions, what deadlines you need to meet, and how to present your case in court.

When to Seek Legal Advice

If you are unsure about any part of the process or if the case becomes too complex, it is crucial to seek legal advice. A legal professional can provide personalized guidance based on the specifics of your case.

Remember, this information is intended to provide a general understanding and should not be taken as specific legal advice. Always consult with a qualified attorney for advice tailored to your situation.