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News:

TO DATE DEBTORBOARDS MEMBERS HAVE COLLECTED $449,646.12 FROM CREDITORS
AND HAVE BEATEN BACK SUITS ATTEMPTING TO COLLECT $387,659.55 FROM THEM.

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Author Topic: Defendant’s breach has damaged Plaintiff in the amount of...  (Read 534 times)

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plight

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How is this a valid filing when a JDB sues someone?  Is that not a completely untrue statement seeing that JDBs pay far less that what the debt is worth?   

Rottweiler

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Re: Defendant’s breach has damaged Plaintiff in the amount of...
« Reply #1 on: July 30, 2008 10:38:03 AM »
No, that statement, "Defendant’s breach has damaged Plaintiff in the amount of..." is NOT untrue on its face.  Here's why:

1.)  When a plaintiff makes a demand in damages, the prayer (request to the court) can be whatever figure they want it to be.  What the court will actually grant the plaintiff as damages IF they win is another matter entirely.

2.)  "Assumption of risk" notwithstanding, the law as it stands allows a successor in interest--the JDB here--the ability to collect the full amount of the alleged debt, no matter whether it was bought at a discount (for less than the face value of the debt) or not. 
“This is a court of law, young man, not a court of justice."
~ Olver Wendell Holmes

plight

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Re: Defendant’s breach has damaged Plaintiff in the amount of...
« Reply #2 on: July 30, 2008 01:17:52 PM »
Have there been any cases in which someone has used that defense and succeeded?

Rottweiler

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Re: Defendant’s breach has damaged Plaintiff in the amount of...
« Reply #3 on: July 30, 2008 02:59:36 PM »
None I know of pertains to debt collection actions.  Does not mean it does not exist, but if it does, I haven't found it.
“This is a court of law, young man, not a court of justice."
~ Olver Wendell Holmes
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