I agree with the responses provided here, but I write to comment on the 12th District. The judges are good and will follow the law. And the law in Ohio is that you cannot introduce new evidence on appeal. If this evidence truly is new -- meaning that the lower court (the court you are appealing from) did not consider it, then it has no business before the appellate court. A motion to strike the exhibit would be appropriate. You need to be careful acting pro se on appael. I've seen many...
I agree with these responses. I write to stress that you should contact an attorney with experience in consumer credit litigation as soon as they file suit (if they do). Don't try to go this alone. You have defenses, and a claim under the Fair Debt Collection Practices Act. Don't compromise your position by trying to do this alone. Seek experienced help.
They could transfer the case to federal court. I assume that Chexsystem is the only defendant, correct? I think the risk of them seeking legal fees is low. Most likely, they would be happy to have the case dismissed, if that is your intent, and both sides walk away. Why do you think your case is weak? If you'd like to discuss in more detail, feel free to contact me. www.dfattorneys.com or 937-306-6402. I'd be happy to discuss your issue.
Dispute the debt in writing. Ask for all documents verifying the debt. If they persist, then consult an attorney. If they are stupid enough to file suit against you (and they might be), then definitely consult an attorney because you then have claims under the Fair Debt Collection Practices Act -- if you prove a violation, then you get your attorney's fees. Good luck, and go get 'em.
Mediation is not like a court proceeding -- there are no rules of evidence. Generally, prior to the mediation, you should submit a brief written description of the dispute, your position, and the relief you are seeking. At the mediation, everything you tell the mediator should be held in confidence, unless you specifically direct the mediator that he/she may disclose it to the other side. In addition, everything occuring at a mediation is usually confidential, so the mediator (or the other...
What do you mean the credit bureaus won't let you dispute? If it's on your credit report, you can dispute it. If you mean that the credit bureaus won't do anything about it, I am not surprised. You need to consult with an attorney who handles consumer credit litigation. Look for someone who will take the case on a contingency fee basis (meaning you pay nothing unless you win/settle). A lawsuit against the bureaus may be your best and quickest answer here.
Unfortunately, you have no privacy expectations in your employer's laptop. In fact, anything your employer owns is subject to search by the employer (it belongs to the company, after all). Avoid using your employer's equipment for any personal use. The law isn't likely to change in this area any time soon.
Don't go it alone. See a qulaified consumer credit litigation attorney. If you have any valid FCRA claims then the attorney should take the case on a contingency fee basis (meaning you pay nothing unless you win or settle). The Big 3 will be much more likely to deal with an attorney than with you, and the attorney will likely be able to achieve a much better result. Consult with someone soon.
I concur with the other respones suggesting that you consult with an attorney -- one with experience handling cases involving the Fair Debt Collection Practices Act. Because the FDCPA provides for attorney's fees if you prove a violation (as well as $1,000 statutory damages), the cost of the litigation may pay for itself. Please seek legal counsel immediately.
It's not a scheme. These debt collectors purchase these debts in bulk. They do a volume business so they don't keep track of them very well. Your first step should be to dispute the debt in writing. Chances are they will go away after that. If they do not, and if they actually file suit against you, then you may have claims under the Fair Debt Collection Practices Act. Seek out a good local attorney if that happens. Don't sit on your rights. Fight 'em.