Business Debt, Collections Statute of Limitations Idaho Statute 28

[army judge]

Two solid approaches, so far.
The computer hack, the police report, your passport (indicating you were away) and your wife's testimony.

Were you out of the country on an Army deployment?
If so, your DD214, orders, or other military proof would also be useful.

Have you disputed the debt with the credit bureaus?
Bring proof of the dispute with ALL three credit bureaus.
If you haven't done so, dispute the debt today, and bring whatever records you can obtain.


Yes, keep checking that site to ensure these guys haven't fixed their non-registration as a debt collector in Idaho.

On a side note, have you contacted this federal agency?
...
Consumer Financial Protection Bureau
...
They are very helpful to consumers, especially in situations such as yours, FRAUD.
FRAUD where the lender comes after an innocent, YOU.

 

[laurieed2002]

Hey Army Judge,

I wanted to give you an update and also ask a couple of questions.

I have the police report, I have all three credit reports.....and this debt is not on any of them?!?!? What are your thoughts on that one?

I will be organizing everything on Thursday, court is on Friday and I took both of those days off.

My biggest 'what if' is this:

Two scenarios have been running through my mind as far as the "Crown Asset Management LLC is not a licensed debt collector in Idaho"; The first scenario is that the plaintiff's counsel says, "well your honor, my client IS a licensed debt buyer and we intend, after winning this suit, to hire a licensed debt collector in the state of Idaho to collect this debt on our behalf", What do I say to this?

The other scenario is the one where the Judge says, "Well, Mr. Johnson, they aren't a licensed debt collector but they are a licensed debt buyer and they can bring suit against and then hire a licensed debt collector to collect on the debt" What would I say to this, or is this not even a likely scenario?

I am hoping that everything I provide, i.e. passport showing not even in country when supposed debt was started, police report showing our computer was hacked, all three credit bureau reports showing that this debt is not even on my credit reports AND a printout showing that CROWN ASSET MANAGEMENT LLC is not even a licensed debt collector (they are a licensed debt buyer, but not a licensed debt collector) will be enough evidence to sway the judge to find in my favor.

I appreciate your help Army Judge and look forward to hearing from you soon...

 

[laurieed2002]

One last question Army Judge, and maybe I'm getting ahead of myself, BUT what if the judge OR the plaintiff's counsel motions to dismiss WITHOUT prejudice? Do I just not say anything or do I object and basically say it's pointless to dismiss WITHOUT prejudice because plaintiff has clearly failed to show by a preponderance of the evidence that this debt is mine and allowing them to be able to bring the suit at a later date would be fruitless? Thanks in advance Army Judge...

 

[army judge]

My biggest 'what if' is this:

Two scenarios have been running through my mind as far as the "Crown Asset Management LLC is not a licensed debt collector in Idaho"; The first scenario is that the plaintiff's counsel says, "well your honor, my client IS a licensed debt buyer and we intend, after winning this suit, to hire a licensed debt collector in the state of Idaho to collect this debt on our behalf", What do I say to this?

You don't need to say anything.
The judge will address that issue.
If the judge asks you, for your thoughts, you say,
"The fact remains, the firm is NOT a licensed debt collector TODAY, your Honor.
It would be the same thing, your Honor, as if I were uninsured, but told the officer, I'm buying insurance tomorrow, IF you don't ticket me tonight.
Idaho law is clear.

The other scenario is the one where the Judge says, "Well, Mr. Johnson, they aren't a licensed debt collector but they are a licensed debt buyer and they can bring suit against and then hire a licensed debt collector to collect on the debt" What would I say to this, or is this not even a likely scenario?

LOL, judges don't assist either aprty with their defense or their pleadings.

I am hoping that everything I provide, i.e. passport showing not even in country when supposed debt was started, police report showing our computer was hacked, all three credit bureau reports showing that this debt is not even on my credit reports AND a printout showing that CROWN ASSET MANAGEMENT LLC is not even a licensed debt collector (they are a licensed debt buyer, but not a licensed debt collector) will be enough evidence to sway the judge to find in my favor.

I appreciate your help Army Judge and look forward to hearing from you soon...

In the end, you present your case, after the plaintiff present their case, the judge decides.

Its like the a rainstorm on the day you wanted to have a picnic.
Most things are well above our pay grade, mate.
All any of us can do is the best we can at whatever we decide to do.

 

[laurieed2002]

Ok, thanks Army Judge for your help. I will get everything together and then show up on Friday at 3pm and present what I have. I keep having all of these 'what if' scenarios going though my head. My wife says to just have faith, she says it's not my debt and be adamant about that when presenting my side, with evidence. I guess because I have this feeling, and have also read on some forums, that the 'supposed' debtor goes into these things 'guilty until proven innocent' I don't have much faith that it will go in my favor.

Ok, enough of me being paranoid and rambling. Thanks again Army Judge and I will let you know by Monday (the 29th) how it went....

 

[laurieed2002]

Hi Army Judge,

Well, we had a telephone conference yesterday at 3pm. The judge initiated it but then left the room for us to talk. I brought up to the plaintiffs attorney that they are in violation of idaho statute by not being a licensed debt collector and Mr Aylworth stated that they could do that because they are speaking on behalf of the plaintiff?!?

All their correspondence clearly states at the bottom ' this correspondence is from a debt collector '; is the attorney twisting the law around, or using a loophole?

The case is now set for pretrial on October 6 and trial 2 weeks after that. What's your thoughts...

 

[army judge]

Hi Army Judge,

Well, we had a telephone conference yesterday at 3pm. The judge initiated it but then left the room for us to talk. I brought up to the plaintiffs attorney that they are in violation of idaho statute by not being a licensed debt collector and Mr Aylworth stated that they could do that because they are speaking on behalf of the plaintiff?!?

All their correspondence clearly states at the bottom ' this correspondence is from a debt collector '; is the attorney twisting the law around, or using a loophole?

The case is now set for pretrial on October 6 and trial 2 weeks after that. What's your thoughts...

You might have tipped your hand far too early.

What you feared might now take place.

In a conference it's best to listen, not to talk.

In conferences all I do is smile and look confused.

 

[laurieed2002]

Hi Army Judge,

I have been away, doing some research and have one or two questions for you.

I have been reading about 'affirmative defenses' and some I have been able to debunk as 99.9% untrue (the only reason it isn't 100% is because in .1% of the cases I saw the affirmative defenses I debunked did have relevancy).

The first affirmative defense is: Defendent cites Failure of Consideration. "Whereas no exchange of money or goods occurred between the plaintiff and the defendant, therefore, defendant cites Failure of Consideration". Now I have read that because no contract was signed between me and the debt buyer/debt collector (nevermind the original creditor, for the moment), which boiled down, basically means, I'm assuming, is that because the debt buyer and myself never entered into an agreement they can't hold me to something that does not exist. Your thoughts on this one?

The next affirmative defense I found is: Defendant claims Lack of Privity as Defendent has never entered iinto any contractual or debtor/creditor arrangement with plaintiff.

This kind of sounds like the first affirmative defense I mentioned but would like your thoughts on this one as well.

The final affirmative defense I found is: Scienti et volenti non fit injuria - "an injury is not done to one who knows and wills it". I will not explain this (I didn't need to explain the others either because you know the laws, etc. but I mainly explained the first two so that you could see, and then correct or otherwise, my interpretation of them and know sort of where I was going with each one.)

Your thoughts on Scienti et volenti non fit injuria? To me this last one can either have a lot of weight or no weight at all depending on what and how the judge decides to interpret that. I feel it is very strong because it makes sense in the fact that it is true that, for example, I can't buy a used car from you, after you clearly tell me all the faults and tell me your selling it 'as is' and then turn around and sue you because it leaks oil all over my driveway. Anyway, would love to know your thoughts on this last defense as well.

Hope the start of your summer has been a good one, here in Idaho one day it's 98 and the next it's 61, so we don't know whether to wear shorts outside, or put on some pants with long underwear underneath! LOL

Thanks for your help, sir.....

 

[army judge]

You're in small claims court.
Judges in small claims dislike legalese.
You're seeking a magic chant, etc to prevail.
If the debt isn't yours, you simply prove it.
The debt is fraud, heck, you don't even know what the debt was about.
Someone used your identity to snooker the lender.
The plaintiff needs to prove you obtained the credit.
If you didn't, the plaintiff can't prove it.
It isn't complicated.
You're worried and complicating matters.
Why do you hesitate in claiming identity theft?

 

[laurieed2002]

You're in small claims court.
Judges in small claims dislike legalese.
You're seeking a magic chant, etc to prevail.
If the debt isn't yours, you simply prove it.
The debt is fraud, heck, you don't even know what the debt was about.
Someone used your identity to snooker the lender.
The plaintiff needs to prove you obtained the credit.
If you didn't, the plaintiff can't prove it.
It isn't complicated.
You're worried and complicating matters.
Why do you hesitate in claiming identity theft?

No we are in magistrate court, not small claims, even though the amount is less than $5000. I believe it's because attorneys aren't allowed in small claims court ( you can be advised outside of courtroom but can't bring one in) which would not allow the attorneys to come to court if need be.

 

[army judge]

No we are in magistrate court, not small claims, even though the amount is less than $5000. I believe it's because attorneys aren't allowed in small claims court ( you can be advised outside of courtroom but can't bring one in) which would not allow the attorneys to come to court if need be.

Have you checked to see if your scammer suddenly obtained a state debt collector license?

In the mediation conference, the best play is simply to listen.

You were sitting on a sure fire winner.

Your winner is in the barn, identity theft, and you never applied nor received credit.

If you need to do something, ask for the alleged creditor to show proof of a credit application, proof of any use of the credit, proof who used the credit, proof of signatures, proof of locations where money or services used, etc...

Have your drivers license, passport, other official documents with your signature affixed....

You're being accused of receiving credit for which you never applied or later used.

 

[laurieed2002]

Have you checked to see if your scammer suddenly obtained a state debt collector license?

In the mediation conference, the best play is simply to listen.

You were sitting on a sure fire winner.

Your winner is in the barn, identity theft, and you never applied nor received credit.

If you need to do something, ask for the alleged creditor to show proof of a credit application, proof of any use of the credit, proof who used the credit, proof of signatures, proof of locations where money or services used, etc...

Have your drivers license, passport, other official documents with your signature affixed....

You're being accused of receiving credit for which you never applied or later used.

DISMISSED WITH PREJUDICE! I got an attorney who took my case for no money out of my pocket. Just thought you might like to know. Thanks for your help, sir!

 

[army judge]

DISMISSED WITH PREJUDICE! I got an attorney who took my case for no money out of my pocket. Just thought you might like to know. Thanks for your help, sir!

Your good news pleases me.

I love it when scammers get spanked.

Keep your eyes open, and make sure you get the credit bureau reports updated.