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Re: [tips_and_tricks] Re: TIME is RUNNING OUT Being sued for an account I have never had...HELP Please

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  • Jack Issa
    If they are a third party debt collector, you can probably sue them under the FDCPA. 15 USC 1692, Ecombs is a consumer law firm in Chicago, I would e-mail them
    Message 1 of 4 , Jul 31, 2009
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      If they are a third party debt collector, you can probably sue them under the FDCPA.
      15 USC 1692, Ecombs is a consumer law firm in Chicago, I would e-mail them and see
      if they are inetersted, there are alot of FDCPA attorneys in Chicago as well. Their case sounds like it is frivolous in fact and law, and if it was filed in federal court , they federal judiciary make take sanctions against a professional attorney for filing such a case.
      If what you say is true you should be abe to counter sue them . Another thing Illinois has
      very tough consumer proection laws as well. Get in touch with the Attonrey General's office.  
                                                                                                                     Regards
                                                                                                                      Jack

      --- On Fri, 7/31/09, mn_chicago <mn_chicago@...> wrote:

      From: mn_chicago <mn_chicago@...>
      Subject: [tips_and_tricks] Re: TIME is RUNNING OUT Being sued for an account I have never had...HELP Please
      To: tips_and_tricks@yahoogroups.com
      Date: Friday, July 31, 2009, 2:41 PM

       
      --- In tips_and_tricks@ yahoogroups. com, "itsauntsally" <itsauntsally@ ...> wrote:
      >
      > March 2008 I received an arbitration letter stating that my accountxxxx7649 had been sent to arbitration for settlement. I did not have such an account so I ignored it.

      >I have to file my appeal by 8/1 to Federal court. I am appealing based on no contract to have arbitrated on. ANY suggestions, I have looked for case law to cite but have not come up with any, Can anyone help with suggestions? PLEASE
      > Aunt Sally

      Challenge proper party in interest and demand proof on contract
      between the parties. Keep the burden of proof on plaintiff. There
      is case law on "Account Stated," as one theory some plaintiff's file, but there has to be an existing agreement.

      With no agreement, no contract, how can plaintiff be a holder in
      due course with an interest in the outcome? Challenge the contractual
      obligation, which plaintff does not have, based on what you say.


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