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There's another one about how to fight these types of loans in court, I can't seem to find it now though.

by vxNsr 9y ago

eagletusk 9y ago
Could it be Ralph Nader on Small Claims Court? I successfully, based on this video took Verizon to court over an overcharge of just $12 and I won. https://www.youtube.com/watch?v=YjH4Us0n0QY https://www.youtube.com/watch?v=YjH4Us0n0QY
- vxNsr 9y ago
  Wasn't that, but that's pretty informative as well. The gist was that some of these lenders will try to garnish your wages by filing a lawsuit alleging that you owe them the money. About 60% of the time the defendants don't show up to court and so there's a default judgment in favor of garnishment. Even if the defendant does show, they'll usually ask to settle out of court or try to claim it wasn't them. The one thing most people don't know is that if you just say "show me the proof" the case will be dismissed by the prosecution because they don't have any proof. You then quickly counter sue for them to remove it from your credit file and/or lost wages if you think you can prove they were filing frivolously.
klenwell 9y ago
I suspect you're thinking of this This American Life episode: https://www.thisamericanlife.org/radio-archives/episode/532/transcript https://www.thisamericanlife.org/radio-archives/episode/532/...
- vxNsr 9y ago
  Yes thank you! The other NPR show I listen to religiously!
- Redoubts 9y ago
  The money shot: Show me the evidence. In other words, show me where you got this number $3,762.20. The Georgia Legal Services lawyer told Jake that if you're standing before a judge, and you say, OK, I don't recognize this amount that you say I owe and I want to see some documentation, I want to see account statements or whatever, because I have no way to know with certainty that this debt is really mine, the judge will usually turn to the other side and ask for the evidence. And, in all likelihood, they'll have no documentation and they'll drop the case.
  - FireBeyond 9y ago
    And as in the radio episode on NPR and this article, a lot of times, that "proof" is nothing more than a list of names, addresses and amounts in an Excel spreadsheet, and the original statement is long gone, or 5 steps removed. Used to be that judges would take such Excel spreadsheets as gospel, but a lot more often, especially recently, not so much so, often due to the shenanigans we see here.

There's another one about how to fight these types of loans in court, I can't seem to find it now though.

by vxNsr 9y ago

There's another one about how to fight these types of loans in court, I can't seem to find it now though.

Could it be Ralph Nader on Small Claims Court? I successfully, based on this video took Verizon to court over an overcharge of just $12 and I won. https://www.youtube.com/watch?v=YjH4Us0n0QY https://www.youtube.com/watch?v=YjH4Us0n0QY

vxNsr 9y ago
Wasn't that, but that's pretty informative as well. The gist was that some of these lenders will try to garnish your wages by filing a lawsuit alleging that you owe them the money. About 60% of the time the defendants don't show up to court and so there's a default judgment in favor of garnishment. Even if the defendant does show, they'll usually ask to settle out of court or try to claim it wasn't them. The one thing most people don't know is that if you just say "show me the proof" the case will be dismissed by the prosecution because they don't have any proof. You then quickly counter sue for them to remove it from your credit file and/or lost wages if you think you can prove they were filing frivolously.

klenwell 9y ago

I suspect you're thinking of this This American Life episode: https://www.thisamericanlife.org/radio-archives/episode/532/transcript https://www.thisamericanlife.org/radio-archives/episode/532/...

vxNsr 9y ago
Yes thank you! The other NPR show I listen to religiously!
Redoubts 9y ago
The money shot: Show me the evidence. In other words, show me where you got this number $3,762.20. The Georgia Legal Services lawyer told Jake that if you're standing before a judge, and you say, OK, I don't recognize this amount that you say I owe and I want to see some documentation, I want to see account statements or whatever, because I have no way to know with certainty that this debt is really mine, the judge will usually turn to the other side and ask for the evidence. And, in all likelihood, they'll have no documentation and they'll drop the case.
- FireBeyond 9y ago
  And as in the radio episode on NPR and this article, a lot of times, that "proof" is nothing more than a list of names, addresses and amounts in an Excel spreadsheet, and the original statement is long gone, or 5 steps removed. Used to be that judges would take such Excel spreadsheets as gospel, but a lot more often, especially recently, not so much so, often due to the shenanigans we see here.