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volenti non fit injuria



Sub: volenti non fit injuria
Tue, 13/05/2008 07:19

Latin for "to a willing person, no injury is done." This doctrine holds that a person who knowingly and willingly puts himself in a dangerous situation cannot sue for any resulting injuries.

Anyone ever try to use this as a defense against a debt collector? What about comparative negligence and unjust enrichment:

A legal doctrine stating that if a person receives money or other property through no effort of his own, at the expense of another, the recipient should return the property to the rightful owner, even if the property was not obtained illegally. Most courts will order that the property be returned if the party who has suffered the loss brings a lawsuit.


I was messing around and found these. Maby I will give it a try.



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Sub: #2 Would that be a third party standing? From what I have seen, somTue, 05/13/2008 - 07:19



Would that be a third party standing? From what I have seen, someone like LVNV funding cannot raise the claims of a third party, example John doe credit card because john doe credit card is not before the court. I think that would go for the "debt collector attorney" also because LVNV Funding would not be before the court.

Am I right?


cajunbulldog
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Sub: #3 If they are not holding the proper license for your state,why noTue, 05/13/2008 - 06:06



If they are not holding the proper license for your state,why not alert the Attorney General of this fact as well as dismissing complaint for lack of standing.

Cajunbulldog
Keeping an eye out for consumers.
http://www.ftc.gov/os/statutes/fdcpa/fdcpact.htm#809
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Sub: #4 volenti non fit injuria is what I am going to use. The collectioTue, 05/13/2008 - 06:03



volenti non fit injuria is what I am going to use. The collection agency is not licensed to collect debt in my state so it is their fault if they lost the .05-.08 cents on the dollar they spent.

Also I will use comparative negligence to back it up as if they spent say $100 to purchase the debt, then they shouldn't be able to recover say for instance the $3,000 they are claiming.


Shazzers
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Sub: #5 I've used the unjust enrichments argument. Now I get to explain Mon, 05/12/2008 - 15:49



I've used the unjust enrichments argument. Now I get to explain exactly what I meant by it, to the court. And that would be, this CA is charging interest and hasn't even gotten a judgment against me yet, nor have they produced documentation proving they are entitled to charge it.

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