Business Debt, Collections Statute of Limitations Idaho Statute 28

[army judge]

Okay, L, is this YOUR case?
...
...
CV01-17-02084 | Crown Asset Management, LLC Plaintiff, vs. XXXXXXXXXXXXXXXXX
...
...
Did YOU pay these scammers $139 on March 17th?
3/17/2017 Transaction Assessment $139.00
3/17/2017 Case Payment Receipt # 27719-2017-R01 Jxxxxx, Exxxxx X. ($139.00)

SCAMMERS often make small payments on behalf of their prey to keep the case active.

Tami, Eleanor I. is allegedly their attorney, licensed in Idaho.
But, attorneys are barred from appearing before small claims magistrates in Idaho.
...
...
I.R.S.C.A. 8. Appearances, Attorneys, and Witnesses | Supreme Court
...
...
I.R.S.C.A. 8. Appearances, Attorneys, and Witnesses

Idaho Rules for Small Claims Actions Rule 8. Appearances, Attorneys, and Witnesses.



(a) Appearances. Any party may appear in person or by an authorized non-attorney employee.


(b) Attorneys. No attorney may appear with or for a party in any hearing. However, after entry of a judgment, an attorney may appear in a proceeding relating to the execution of the judgment, including any proceeding for the examination of the judgment debtor in aid of execution of the judgment. An attorney may also appear as a party to a proceeding, except when the attorney obtained the claim by assignment.


(c) Witnesses. Witnesses may be sworn and testify at hearing. Any party may subpoena and serve witnesses to a hearing as provided by the Idaho Rules of Civil Procedure. However, the party issuing and serving the subpoena must pay all of the witness and service costs. These costs may not be considered as costs awarded to the prevailing party.

 

[laurieed2002]

Army Judge....YOUR AWESOME! I will need a little time to digest the information you have provided...but I am going to use the information you provided to add ammunition to my fight.

 

[army judge]

Army Judge....YOUR AWESOME! I will need a little time to digest the information you have provided...but I am going to use the information you provided to add ammunition to my fight.

Don't fail me, mate.
I have never lost a case.
You will be representing me by proxy.
Please don't fail me. LOL

Seriously, see a couple Idaho licensed attorneys.
There appear to have been violations to the FDCPA.
That COULD mean money for you!
...
The Fair Debt Collection Practices Act (FDCPA) is a federal law that limits the behavior and actions of third-party debt collectors who are attempting to collect debts on behalf of another person or entity.
...
Fair Debt Collection Practices Act | Federal Trade Commission
...
The Fair Debt Collection Practices Act (FDCPA) protects debtors from harassment by debt collectors. If a colletor has violated the FDCPA, you can sue the collector in court. The FDCPA provides a range of damages for successful FDCPA lawsuits, including monetary damages, attorneys fees, and more.

...
Yes, the scammer will also be required to pay your lawyer's fees, too.

 

[laurieed2002]

Army Judge,

Quick question: So what is the most popular defense for a person in my shoes when dealing with a 'debt buyer' not a 'debt collector'?

 

[army judge]

Army Judge,

Quick question: So what is the most popular defense for a person in my shoes when dealing with a 'debt buyer' not a 'debt collector'?

These guys are DEBT COLLECTORS masquerading their status by claiming to be DEBT BUYERS.

This is too big for you, friend.
I suggest you start by looking for attorneys in Boise that handle these types of case = FDCPA violations, or start beating the pavement and blowing up your internet and phone to find the right man or woman to get justice for you.

 

[army judge]

Army Judge,

Quick question: So what is the most popular defense for a person in my shoes when dealing with a 'debt buyer' not a 'debt collector'?

Your defenses are plenty, to be sure.
First of all, these guys are running a ruse on the judge.
Lawyers can't appear in small claims court, the scammer lied to you about sending a lawyer to court in small claims, their crimes are many.

Find a lawyer to do this for you.

 

[army judge]

These people claim to work with victims of FDCPA violations.
Please do YOUR due diligence, as their names do not imply my endorsement:
...
Boise FDCPA Attorneys - Idaho Lawyers, Hyslip & Taylor, LLC
...
Creditor Harassment
...
Idaho FDCPA Violations Attorneys, ID Fair Debt Collection Practices Act Lawyers
...
Creditor Harassment | Idaho Bankruptcy Attorney
...
Find the best Debt Collection lawyer in Boise, ID - Avvo

 

[laurieed2002]

Thanks Army Judge!

 

[adjusterjack]

Lawyers aren't ALLOWED to appear in small claims court in Idaho.

That is true but Magistrate judges have jurisdiction to hear civil cases in which the amount of money in dispute does not exceed $10,000. The small claims limit is $5000. It is possible that this lawsuit was filed as a regular civil matter (which would allow attorney representation) and not as a small claim.

But we don't know that yet.

 

[army judge]

That is true but Magistrate judges have jurisdiction to hear civil cases in which the amount of money in dispute does not exceed $10,000. The small claims limit is $5000. It is possible that this lawsuit was filed as a regular civil matter (which would allow attorney representation) and not as a small claim.

But we don't know that yet.

I have never met a lawyer that will pursue a $4,500 lawsuit for free, or a few hundred bucks, and travel the distance from OR to ID to do so.

Judge or something else, once the OP gets a REAL lawyer involved who can get paid by the scammer for his/her work, I bet the scammer begs to settle this fraudulent matter.


Therefore, I conclude these shysters to also be debt scammers because they intimidate, bully, and lie to scare money to be paid to them by a frightened human being.

Scammers don't want court battles.

 

[adjusterjack]

I don't disagree.

But this is still a REAL lawsuit that has been filed and served and has to be treated as a REAL lawsuit.

 

[army judge]

I don't disagree.

But this is still a REAL lawsuit that has been filed and served and has to be treated as a REAL lawsuit.

Which is WHY I suggested the poster seek advice and counsel from REAL, LICENSED attorneys in HER state.

Otherwise, she could risk default, which is what the scamming vultures desire.

I will never understand why people rush to physicians or dentists when they have health needs, and attempt to do it themselves when they have legal needs?

That's just one of many things this dummy fails to comprehend.

 

[adjusterjack]

Army Judge,

Quick question: So what is the most popular defense for a person in my shoes when dealing with a 'debt buyer' not a 'debt collector'?

How do you expect anybody to answer that when we still have no idea what the allegations are that you have to defend against?

 

[laurieed2002]

Sorry to not have answered your question adjusterjack, I have not scanned documents in because I currently work two jobs to pay my wifes medical bills.

Army Judge "That's just one of many things this dummy fails to comprehend."

I don't appreciate being called a dummy, I have merely been asking for advice, and I realize that you are trying to help, and maybe are getting frustrated because I am not answering the questions you have posed in a timely manner, but I'm trying my best given my circumstances (two jobs, caring for my wife in my off time, and then dealing with a vulture debt buyer). Debt Buyers seem to know when to strike, when you are at your weakest...

Anyway, still working on getting scanned copies input on here when I get a free moment...

 

[army judge]

Army Judge "That's just one of many things this dummy fails to comprehend."


.

Read my post again.

I was referring to myself.

You were never mentioned.

I had no reason to demean or disparage you.

You took the information shared with you seriously and were considering how you could respond or react.

Too many posters do otherwise, mate.

I'm the DUMMY who fails to understand why so many people try to fix a legal matter that is of great gravity, and could cause momentous damages to their lives?

I see it everyday.

People are reluctant to even talk to a couple attorneys for free to verify what they think, or how they should proceed.

Going to court to protest a traffic citation for a lane change violation isn't as harmful as trying to defend a foreclosure.

Yet, people persist in thinking they can fix massive legal matters.

I'm the dummy, and I still don't get it!!!

 

[laurieed2002]

Hey Army Judge,

I apologize for taking it the wrong way. I'm under a lot of stress (you are not a dummy either) so unfortunately I snap to conclusions too quickly. Anyway, please forgive me if I came across wrong...I DO appreciate the time and effort you and adjusterjack are putting forth to try and help me, it's greatly appreciated!

 

[army judge]

Hey Army Judge,

I apologize for taking it the wrong way. I'm under a lot of stress (you are not a dummy either) so unfortunately I snap to conclusions too quickly. Anyway, please forgive me if I came across wrong...I DO appreciate the time and effort you and adjusterjack are putting forth to try and help me, it's greatly appreciated!

No worries, I often use self deprecating humor to make my point.
I did it for 30 years in the US Army, because I found it often helpful in letting people around me lighten up.
I retired as an O7, and knew the day would come when people wouldn't stand up because I walked into a room.
When sitting on the bench, the only time people must stand to show respect is when the jury arrives and exits their jury box.

I'm just a poor East Texas boy who made his mom and pop proud.

Take care of your wife, been there, too, mate.

God bless and good luck with the scammer buzzards.

 

[laurieed2002]

Hey Army Judge,

Sorry for the slow reply. Thank you for your service. I was in the Army for 6 years, got out as an E-5. I was stationed at Ft. Rucker, Ft. Clayton (Panama) and Ft. Hood. You have my respect and admiration and I must say you Texans are hard workers(I know there are a lot of other states with hard workers too, for those of you NOT from Texas reading this forum).

I am in the finishing stages of my defense and have taken the day off before Telephonic hearing and the day of the Telephonic hearing off to fine tune and get everything organized. I have my dress shirt, tie, pants, etc. etc ready to go and I guess the rest will be up to the Judge. Unfortunately it appears that most defendants are considered guilty until proven innocent when it comes to debt collect cases. I am hoping to provide enough of my own evidence to cast doubt not only in the judges eyes but also in the Plaintiff's attorney's eyes so that either the judge dismisses the case or the plaintiff's counsel moves for dismissal.

Just for your information, I am planning on using the defense that Crown Asset Management LLC is NOT a licensed debt collector in the state of Idaho. They are a licensed Debt Buyer but they don't have a license to collect debt. I am not sure what they Judge will say to this, but either he will take if from there or toss it back to me and say, "they aren't licensed to collect the debt but they can always hire a debt collector who IS licensed in Idaho to collect the debt from you Mr. Defendant, what say you to this?"

Let me know your thoughts on that one, if you don't mind.....

 

[army judge]

Just for your information, I am planning on using the defense that Crown Asset Management LLC is NOT a licensed debt collector in the state of Idaho. They are a licensed Debt Buyer but they don't have a license to collect debt. I am not sure what they Judge will say to this, but either he will take if from there or toss it back to me and say, "they aren't licensed to collect the debt but they can always hire a debt collector who IS licensed in Idaho to collect the debt from you Mr. Defendant, what say you to this?"

Let me know your thoughts on that one, if you don't mind..

Thank you for your service, too.
I own a home near Killeen/Ft. Hood, and have a working cattle ranch northwest of Lampasas.
I'm a Texan by accident of birth, but happy for it. LOL

It appears to be a reasonable argument, the unregistered debt collector angle.
I also suggest you file a complaint with your State Finance Department which issues debt collector licenses.
Bring proof of that filing with you to court, to further buttress your defense.

I always submit PROOF when I make any allegations, or offer any affirmative defenses.

Proof would be print out (as well as citing the link) of the license check to your state's finance agency.

What is an Affirmative Defense?
Affirmative defenses are reasons given by the defendant for why a plaintiff in a case should not win. An affirmative defense can help you win the lawsuit, even if what the plaintiff says is true. In Texas, most affirmative defenses must be asserted by the defendant or they might be given up for good.

Just to make it clear for me, how did you come to allegedly acquire this debt?
But for any defenses, is it a debt that legally belongs to you?

 

[laurieed2002]

Hi Army Judge,

"Just to make it clear for me, how did you come to allegedly acquire this debt?
But for any defenses, is it a debt that legally belongs to you?" --I have no knowledge of the debt. Now to elaborate on that. When I was overseas (I have my passport that I am bringing with me to court) my wife emailed and said that one day she was sitting at the computer and the computer just started accessing files on it's own, like someone had taken it over. She did the right thing and called the Ada County Sheriff's office and they sent someone from the Internet Crimes Division to take her statement. As for this debt belonging to me, I don't know because I have read where people have had their identity stolen and they are still on the hook for any debt incurred, or at least it's a very long arduous clime to prove otherwise.

I have sent a records request to the Ada County Sheriff's Office to obtain the original police report (hopefully they have it), to show to the judge that we (my wife and I) have done our due diligence, or at least what was in our power at the time, to take care of the situation.

So my defense is going to be, A) I have no knowledge of this debt, other than when I was sent a collections letter by Crown Asset Management stating that I owed a debt (I sent the debt validation letter and they never sent anything back, they just 6 months later served me with a summons); and B) Crown Asset Management is not licensed in the state of Idaho as a Debt Collector.

In reference to A) above, I am bringing passport to show I was not even in the U.S. when this was supposedly started as well as, hopefully, the police report my wife filed showing that we had someone hack our computer and steal our identity (she did not password protect our wifi, a mistake she corrected after this occurred, kind of like closing the barn door after the horses are gone, but at least now there is a password so no more attempts can be made to hack our computer that way).

In reference to B) I plan on (the day of, just to make sure they didn't pay for a license at the last minute) bringing the link of the page from the Idaho government site that shows who is licensed to collect debt to show that Crown Asset Management is NOT licensed to collect debt only licensed to buy debt.

Thanks thus far Army Judge for your input, it is greatly appreciated.