Hall of fame lawsuit winners....

[VLDCA]

I am so happy to be posting on this thread again!!

Round 1 won Against Midland Funding WITH Prejudice!

Round 2 won Against Portfolio Recovery WITH Prejudice!

YAY! Thanks to everyone on this forum & special thanks to Seadragon & Calawyer! You guys ROCK!!

[Rivertime]

Great News, a big CONGRATULATIONS!!!!!

rt

[bmc100]

I beat Chase Bank USA, NA as an original creditor this year..Dismissed with Prejudice. It was a legit debt for $25k..It is off of all three of my credit reports..Yes, you can beat an OC.

I also in the last 6 months sued 5 collection agencies. Asset Acceptance, Nations Recovery, United Collections, Enhanced Recovery Company and Portfolio Recovery for FDCPA violations...I have received $3,000 so far and should be getting another $2,000 here in the next month!!!

[freddiemac]

good news there is light at the end of the tunnel.......sometimes!

[PC1978]

Thank you for all of the great knowledge being provided. Discovered this site last spring when my wife was sued for the first time. Was able to use the information to sue Portfolio Recovery Pro Se and they settled for $2000 and deletion of the $1000 debt (with no 1099-c). Sunrise Credit Services settled for $1000 after an ITS letter (included a copy of the complaint I intended to file), even overnighted me the check.

[First Timer]

I WON!!!! Supposed to go to Trial tomorrow. I faxed my trial brief to the plaintiff's attorney for Equable Asset Financial and also to the court early this afternoon. At 4:00 I get a call from the clerk's office telling me that the case was dismissed - WITH PREJUDICE!


THEY QUIT!!!!!!!

Take THAT YOU SUMBITCHES!!!!!! bURN IN HELL YOU LIFE LEACHES!

[Seadragon]

Just sayin' dude

[DaFish]

FedX just showed up with my check from Midland Funding!! Woo! Hoo!! Fight 'em! You can win!!

[chiquita55]

Don't think I ever posted my win against an original creditor, Capital One, here yet. At least I call it a win. They dismissed my case the eve of trial in December after filing a motion in limine and a trial brief. I was thrilled I didn't have to go to trial!

[Rev]

Hey everyone, we won in court today and won big! I thought the judge was going to come unglued with the plaintiff's attorney.
So here is what happened in a nutshell. My ex-wife forged my signature to the enrollment and guarantee form! Yes you heard it right!
Here are the details:
We sat down and went through our standard greetings. But because the other attorney had a motion to switch attorney's, we had to deal with that first off. I objected in writing on bias because he was a board member at the school, and if he were to say he obtained any copies of any agreements, or were handed and affidavits I would have to motion to strike on "hearsay" and his statements regarding how he obtained his copies would be inadmissible as he would then be an affiant himself, how can an affiant be an advocate in person and an attorney at the same time? He had no answer other than to say he would not make any statements. So he was bound up on to ask questions and give no answers.
The judge then went to my motion of personal and subject matter jurisdiction: His under attorney filed in the wrong county court so the judge said she could dismiss on that but he could refile in the wright court, I waved it because I had him discombobulated as it was and I figured I could take him.
Then we went to my motion to dismiss for failure to file against me. He pulled out the letter stating who his under attorney used to serve my ex-wife, but in the following paragraph, she also stated that she would let the court know who they were going to use to serve me. I ask the judge, where is the receipt of service because I was never served. He started say his under attorney said she had, and I objected motion to strike as hearsay! The judge sustained and the attorney turned white as a sheet. His client, started to shake her head.
Then we went to the complaint, He read the complaint, and I objected because the complaint said defendants not each defendant individually. I said we were not married at the time, and our divorce is public record that states clearly I can not be held liable for debts incurred by my ex-wife, and that she is suppose to indemnify and defend me for wrongful prosecution, and suits as a result of her actions, and I at this time would like to make a motion for a separate trial as being appropriate because the plaintiff has not offered any proof that I am attached to this debt, nor has he validated this debt. The judge ask the plaintiff's attorney if he had a contract. He said he did with my signature on it. It was a copy. I said where is the original, he said it was in the folder, I said so why am I seeing a copy and who made the copy? He said his under attorney, I said "your honor I object to the copy of the contract being represented being used since he just testified that he receive from someone else and I motion to strike the attorney's testimony that He received it from someone else, and has no personal knowledge of this representation". The judge sustained, and him to put his witness on the stand so he could introduce the original into evidence. The witness was the "bookeeper". He introduce the contract, and the account statement. Then he asked if she had witness the signing. She said no, it was done by mail, then I crossed. I asked for the document and look at and found my signature to it...but it wasn't mine. I smiled and again asked her, "just to be clear, it is your testimony that you never saw me or my ex sign this document? She said that was her testimony. I asked her, if she ever had any conversation with me about my daughters account at any time? She said no, it was always with my ex. I pulled out my driver's license's for the last 14 years, and show them to her. I ask her to verify the address, and she said that was the one she had. I then asked her to verify the signatures on the drivers license's to the one on the contract and she said they are totally different. I said I was good. The attorney said "WHAT?" I grabbed the contract and my 3 licenses and gave them to the attorney, and sat down. The judge was shaking her head.
The attorney then called me to the stand. He asked me if I had signed this contract, I said no and this was the first time I had seen it. He said, "So under oath and the penalty of purgery that this was not your signature?". I said no, and your witness said it didn't look like it either". He was mad! So then he asked if I thought that the school was medically necessary for my daughter. I said from the beginning that I could not afford to put her there, in fact I had her registered in a public school with services, and I could have her home everyday. I even went so far as to sue the school district to get them to pay for the tuition but they felt they had the services both educationally and medically to care for her needs...and then I hand over the final decree that I had underlined what I just said. But if my ex-wife was going to pay for it sure I wanted her there. He excused me and said he rested. In the final arguments he tried to miss state my testimony and say that I had said under oath that I felt his school was medically necessary and therefore underneath Virginia's Doctrine of Necessities, that I should be made to pay anyway. The judge was quick to say, "Counselor that not what he said and you know that, The Doctrine of Necessities does not apply here, especially since he has a final judgment from here in Virginia that states the public school could service her medical and educational needs better!" She then said to the attorney, "Counselor, I have many Motions to Dismiss all for different reasons and they all apply to this case!". The she says this,"for an attorney of your stature, I expect you to have had your ducks in a row, when you received any of these motions you should have verified instead of making Mr. Fuller ride 21 hours in a bus to get here and 21 hours he'll have to ride back". Mr Fuller has done the best Lawyering job I've seen in a long time and I think you need to offer him a job litigating your cases! Case is dismissed against Mr. Fuller, and the full judgment is issued against Mrs. Fuller plus attorney fee's and interest until debt is fully paid....as we walked out, he said he has been practicing law for since 1975, is registered in the supreme court and court of appeals and never have I been looked so bad...what a surprise to all of us! He looked shell shocked...Deer in the headlights! He then said, "so do you want a job?" In Virginia, you can read law for with an attorney for 3 years and then take the bar exam. Maybe 20 years ago, but not at my age. Thanks be to everyone of you who gave me advice! This is a win for all of us!

[Seadragon]

Originally Posted by Rev

Hey everyone, we won in court today and won big! I thought the judge was going to come unglued with the plaintiff's attorney.
So here is what happened in a nutshell. My ex-wife forged my signature to the enrollment and guarantee form! Yes you heard it right!
Here are the details:
We sat down and went through our standard greetings. But because the other attorney had a motion to switch attorney's, we had to deal with that first off. I objected in writing on bias because he was a board member at the school, and if he were to say he obtained any copies of any agreements, or were handed and affidavits I would have to motion to strike on "hearsay" and his statements regarding how he obtained his copies would be inadmissible as he would then be an affiant himself, how can an affiant be an advocate in person and an attorney at the same time? He had no answer other than to say he would not make any statements. So he was bound up on to ask questions and give no answers.
The judge then went to my motion of personal and subject matter jurisdiction: His under attorney filed in the wrong county court so the judge said she could dismiss on that but he could refile in the wright court, I waved it because I had him discombobulated as it was and I figured I could take him.
Then we went to my motion to dismiss for failure to file against me. He pulled out the letter stating who his under attorney used to serve my ex-wife, but in the following paragraph, she also stated that she would let the court know who they were going to use to serve me. I ask the judge, where is the receipt of service because I was never served. He started say his under attorney said she had, and I objected motion to strike as hearsay! The judge sustained and the attorney turned white as a sheet. His client, started to shake her head.
Then we went to the complaint, He read the complaint, and I objected because the complaint said defendants not each defendant individually. I said we were not married at the time, and our divorce is public record that states clearly I can not be held liable for debts incurred by my ex-wife, and that she is suppose to indemnify and defend me for wrongful prosecution, and suits as a result of her actions, and I at this time would like to make a motion for a separate trial as being appropriate because the plaintiff has not offered any proof that I am attached to this debt, nor has he validated this debt. The judge ask the plaintiff's attorney if he had a contract. He said he did with my signature on it. It was a copy. I said where is the original, he said it was in the folder, I said so why am I seeing a copy and who made the copy? He said his under attorney, I said "your honor I object to the copy of the contract being represented being used since he just testified that he receive from someone else and I motion to strike the attorney's testimony that He received it from someone else, and has no personal knowledge of this representation". The judge sustained, and him to put his witness on the stand so he could introduce the original into evidence. The witness was the "bookeeper". He introduce the contract, and the account statement. Then he asked if she had witness the signing. She said no, it was done by mail, then I crossed. I asked for the document and look at and found my signature to it...but it wasn't mine. I smiled and again asked her, "just to be clear, it is your testimony that you never saw me or my ex sign this document? She said that was her testimony. I asked her, if she ever had any conversation with me about my daughters account at any time? She said no, it was always with my ex. I pulled out my driver's license's for the last 14 years, and show them to her. I ask her to verify the address, and she said that was the one she had. I then asked her to verify the signatures on the drivers license's to the one on the contract and she said they are totally different. I said I was good. The attorney said "WHAT?" I grabbed the contract and my 3 licenses and gave them to the attorney, and sat down. The judge was shaking her head.
The attorney then called me to the stand. He asked me if I had signed this contract, I said no and this was the first time I had seen it. He said, "So under oath and the penalty of purgery that this was not your signature?". I said no, and your witness said it didn't look like it either". He was mad! So then he asked if I thought that the school was medically necessary for my daughter. I said from the beginning that I could not afford to put her there, in fact I had her registered in a public school with services, and I could have her home everyday. I even went so far as to sue the school district to get them to pay for the tuition but they felt they had the services both educationally and medically to care for her needs...and then I hand over the final decree that I had underlined what I just said. But if my ex-wife was going to pay for it sure I wanted her there. He excused me and said he rested. In the final arguments he tried to miss state my testimony and say that I had said under oath that I felt his school was medically necessary and therefore underneath Virginia's Doctrine of Necessities, that I should be made to pay anyway. The judge was quick to say, "Counselor that not what he said and you know that, The Doctrine of Necessities does not apply here, especially since he has a final judgment from here in Virginia that states the public school could service her medical and educational needs better!" She then said to the attorney, "Counselor, I have many Motions to Dismiss all for different reasons and they all apply to this case!". The she says this,"for an attorney of your stature, I expect you to have had your ducks in a row, when you received any of these motions you should have verified instead of making Mr. Fuller ride 21 hours in a bus to get here and 21 hours he'll have to ride back". Mr Fuller has done the best Lawyering job I've seen in a long time and I think you need to offer him a job litigating your cases! Case is dismissed against Mr. Fuller, and the full judgment is issued against Mrs. Fuller plus attorney fee's and interest until debt is fully paid....as we walked out, he said he has been practicing law for since 1975, is registered in the supreme court and court of appeals and never have I been looked so bad...what a surprise to all of us! He looked shell shocked...Deer in the headlights! He then said, "so do you want a job?" In Virginia, you can read law for with an attorney for 3 years and then take the bar exam. Maybe 20 years ago, but not at my age. Thanks be to everyone of you who gave me advice! This is a win for all of us!

You had a very short timeline an pulled off the epic smackdown. So how is the counter attack going to go? Ex-wife in jail for forgery and malicious prosecution, IIED and a return to the divorce court for sanctions and full custody of your daughter? I think that the second part of the battle will be even more epic. 100% chance the school will settle, and the prosecutor will come right away. (excellent leverage for what you have to do)

And good call on submitting to jurisdiction when they were weak, and totally gutting the varsity.

I love it when CIC members crack the heads of"Legal Professionals"(not disparaging any of the fine members of the bar on this board).

[usagi555]

Originally Posted by Seadragon

You had a very short timeline an pulled off the epic smackdown. So how is the counter attack going to go? Ex-wife in jail for forgery and malicious prosecution, IIED and a return to the divorce court for sanctions and full custody of your daughter? I think that the second part of the battle will be even more epic. 100% chance the school will settle, and the prosecutor will come right away. (excellent leverage for what you have to do)

And good call on submitting to jurisdiction when they were weak, and totally gutting the varsity.

I love it when CIC members crack the heads of"Legal Professionals"(not disparaging any of the fine members of the bar on this board).

"Epic smackdown" is an understatement.

[cal328]

Originally Posted by orakle

I've had a sheriff go out to a collection agency with a writ of execution on a judgment the CA refused to pay. He walked out with a check.

Nice

[Cady]

Plaintiff: Persolve LLC dba Account Resolution associates

Defendent: Me, An individual

It is hereby ordered that judgement be entered as follows:

Plaintiff to take nothing by virtue of the complaint

[credit911]

Wow. Amazing. I hope my judgment will be vacated after I settle with the judgment creditor.

[Image Group]

I think I won...My trial with Midland LLC was scheduled this morning and I showed up to find that they had dismissed without prejudice. Can I petition them to remove all derogatory credit ratings now? Not sure what to do now.

[DownNotOut]

Congratulations!

[StardusterToo]

Good News!!!

I got my sister’s case dismissed with prejudice! You’re all the best group of people ever!!!

Long ago, my case didn’t go so well, but lurking around here for a time really helped us against Midland. Since it was the same law firm that hauled me in for a Cap1 issue, it was personal!

During discovery, they gave me the worthless bill of sale, the affidavit for the bill of sale, a poor (and altered) copy of a cardmember agreement and 24 prior card statements.

Right then, I filed the cardmember agreement, the 24 statements and a record of incorporation for Midland in Delaware as exhibits. The plaintiff started to claim that those weren’t accurate card statements and that they never provided the correct cardmember agreement. Lol!!!

It was a battle, but I got the court to accept the governing law of Delaware and the 3 year statute of limitations.

So, to pitch in some help for others, here are a few things that worked in Utah.

....
Choice of law / Governing Law

Jacket v. Los Angeles Dep’t of Water & Power, 771 P.2d 1074, 1075-76 (Utah App.1989)” The United States Supreme Court has ruled that while the full faith and credit clause does not require it to do so, a forum state may extend sovereign immunity to a sister state as a matter of comity.

Utah Code §70A-5-116 (1), allows for a choice of law within a contract.

Using Delaware’s statute of limitations

Nevada v. Hall, 440 U.S. 410, 420-27 (1979). "It may be wise policy, as a matter of harmonious interstate relations, for states to accord each other immunity or to respect any established limits on liability. They are free to do so."

Using Delaware’s 3 year statute of limitations for a breach of contract.
§ 8106;  Wedderien v. Collins (Del.2007) 937 A.2d 140.

The last purchase date establishes the time for the statute of limitations.
Snavely v. AUTO. INS. CO. OF HARTFORD, CONN., 438 A. 2d 1229 – Del: Superior Court 1981; Jones v. Massey, 1 Del.Cas. 63 (1795); Moore v. Moore, Del.Super., 41 A. 889, 890 (1898); Brown v. Consolidated Fisheries, D.Del., 165 F.Supp. 421, 423 (1955); Levin v. Diamond State Poultry Company, D.Del., 175 F.Supp. 851, 854 (1959).

They changed the Utah Rules of Civil Procedure on Nov. 1, 2011. So, it’s a real pain to get “extraordinary discovery” for interrogatories. As a plus, it makes it really hard for the plaintiff as well.


Thanks so very much. I don’t think I could have done it without everyone’s help.

edit: The Court set aside the dismissal. The motion to dismiss must wait until after discovery. So, it's no real victory at all.

[MissDismissed]

Won last week at trial against Midland Funding after fighting them since September 2011!!!



I just wanted to thank everyone on this site for all of their help and valuable information!! I could not have done this without you all!!

A special thanks goes out to Seadragon, Calawyer, Legaleagle, and SingleDadJames - Your posts really helped me to make sense of everything and not freak out throughout this process!

To all those still fighting JDBs - Keep your head up, keep studying and keep fighting!!!! You can do this!!


I will be posting the details and templates from my case soon!

Thanks again!!!

Take that Midland Funding!!!

[Savoir]

Your first post on the board and you're posting a win?

Gotta love it !!!