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  2. Perhaps your case is a little different. Many times, JDB attorneys dismiss before filing a motion for summary judgment. They will dismiss within just a few months after a defendant files an answer or sends discovery requests simply because they were looking for the easy default judgment. Others just won’t show up at trial. And they won’t even bother to offer a settlement.
  3. No, it doesn't mean that any more than you having car insurance means you could be planning to get into a car accident. Of course, but this issue has been discussed at length, and there is actually a court ruling from the last 2-3 years that found that the "no guarantee of accuracy" disclaimer doesn't undermine the otherwise trustworthiness of the business records.
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  5. I have read many post here and many lawsuits online(in my area) and it doesn't seem standard that plaintiffs are eager or willing to take 66% off of lawsuit right away. As far as MSJ the plaintiff s attorney stated in front of Judge/Magistrate? who sat in for this pretrial conference that that was off the table. He seemed eager to make a deal for far less and was not interested in trial. Of course, what do I know? I only would say to people reading this. Put up a fight. Don't just lay down. This board has been a tremendous amount of help and a couple of people in particular.
  6. pkh6965

    Is it a scam?

    I pretty much thought so. I got another message from him this morning just saying that he was going to deliver these certified documents to my residence this afternoon and if I wasn't there he was going to come to my place of employment where I'll need a signature from a supervisor and security on stand by. And it gives a contact number. Just his name a Joseph Crowley but no other information or identity information. Makes it sound important and I can see where some people fall for this because they make it sound scary.
  7. When you assert an affirmative defense, the burden of proof is on you to prove those defenses are real. Unless you are currently in possession of tangible evidence that the debt agreement is unconscionable, that they waited an unreasonable amount of time to try to collect the debt and that relief cannot be granted on any of the claims in their complaint, I wouldn't bother responding to the Motion to Strike. You didn't really provide much info in the way of the underlying debt, but since it's an original creditor suing you, the one thing I can tell you is that the lion's share of these kinds of lawsuits end with judgment in favor of the bank. Your best bet is to try to negotiate a settlement agreement while you still can. A judgment against you will include the full amount of the debt, attorneys' fees, court costs and post-judgment interest that will continue to accrue until the debt is paid in full.
  8. I got a message yesterday on my phone from a Joseph, and he just said he had been contracted to deliver documents to me today between 3 and 5 and if i was not there he would come to my place of employment with security and my supervisor. I would have to have a photo id to sign etc. It also said there was a filing party and gave a number but it didn't say who the filing party was. Pretty sure it's a scare tactic. Also think it's in some violation of the Federal debt act.
  9. @fisthardcheese Can I answer the Interrogatories with ( objection due to court being an improper venue ) or do i need to explain these? And also the Request For Production Of Documents. Should I do anything with this now or also just use the same objection? Since its not going to be in this court hopefully i shouldn't have to provide anything correct?!?
  10. That’s actually a common practice. It’s not done because they think they might lose. They offer it simply to try to settle a lawsuit as quickly as possible. You once cited American Express Centurion Bank v. Head. Here’s another quote from that ruling. “We do not suggest that defendants who default on their credit card payments can defeat a summary judgment motion simply by denying that they have incurred those charges. We merely conclude that the plaintiff creditor needs to substantiate its claims with sufficient evidence at the summary judgment stage. Having failed to negate the existence of a genuine issue of material fact, the plaintiff did not meet its burden of establishing that as a matter of law, summary judgment should have been rendered in its favor.” It’s going to depend upon what your court considers to be “sufficient evidence”.
  11. I used general denial, unconscionability, laches, the compliant fails to state a claim upon which relief can be granted and I put the defendant has a right to amend and or add additional answers ...they did the request for interrogatories. Any help is greatly appreciated!
  12. I understand that. It also means that it may be wrong. I have seen quite a few cases where they mention the amounts are accurate to the best of their knowledge. I realize there is more than one way to look at this. Why not scratch and claw? What's the worst that can happen? The burden of proof is still on the plaintiff. Stating "Sold As is and no guarantees of accuracy" has to mean something. Doesn't mean it's not but, Doesn't mean it is. They may own my account, they may not. The amount owed with principle may be correct or maybe not. This statement they apply is there for their protection so, in case there is a y discrepancy (like proof of ownership and amount owed) Just small details. Bottom line, they were willing to slash their suit by 66%.
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  14. We do not recommend “credit repair” companies. With some research and patience, consumers can “repair” their own credit for free instead of paying people who, in most cases, have very little knowledge of the FCRA and cannot do anything more than consumers can do themselves. If we were to ever recommend “credit repair” companies, we would never knowingly recommend those that engage in schemes that are deceptive, dishonest, and frowned upon by the Federal Trade Commission.
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  16. "No guarantee of accuracy" is not a de facto showing of untrustworthiness. All it is saying is that BoA won't be liable to the purchaser if there are any errors in accuracy.
  17. Most likely. See what your appellate rules of procedure have to say. I'm not sure what you mean. If they don't follow proper procedure, the appellate court can reject their appeal. As long as they follow proper procedure, they have a right to an appeal, the same as you would have. Here's how it usually works. They have to pay whatever appeal fees and post whatever applicable bonds. After that, the lower court will notify the appellate court of the appeal, and the appellate court will make a request that the lower court transmit the entire lower court record to the appellate court. At that point, the appellate court will send out a notice to the parties that the apellant's (plaintiff, in your case) opening brief is due. Once the appellant files their opening brief, the appellate court will send out a notice that the appellee's (you, in your case) reply beief is due. That is your only opportunity to respond to any/all issues raised by the appellant on appeal. Unless there is some really good reason that is almost never present in a debt collection appeal, the court will rule on the appeal without a hearing. Again, you need to know your appellate rules procedure because the timing of these things matters, and you may also have specific rights, like the right to request an appeal hearing. Yeah, it's not common for them to spend the extra money on an appeal, so they must be pretty certain they have a winning case. It could also be that your rules require you to pay a fee and they are hoping you don't want to spend the money to file a reply brief so they win by default. There's a lot of nuance in appeals, and a reason appeals are a specialized area of law in which practicing lawyers usually charge a premium. I can't stress it enough that you need to get really familiar with your appellate rules. The question you're asking here about timing could be as simple as it seems, or it could be complicated by things like weekends and holidays don't count, so they actually get 40 calendar days. Or it could be that the website isn't showing the entry date of the judgment, which occurred a week after it seems to show on the website. The first thing you need to do is find out exactly what the "30 days" requirement entails per the rules, and then find out if their actions conform to that requirement. You're operating at a completely different level now. It's not beyond your ability to see this through, but it's a much more formal arena where you will be expected to follow all of the rules, and 'harmless' procedural mistakes aren't usually overlooked the same way that they are in the lower civil courts.
  18. So for now, I just wait? Are they ever denied their appeal? What happens after this? I can't find any examples of the jdb doing this, every one I've found here is the defendant filing an appeal not vice versa... The docket states Judgement for Defendant three days after my court date. Does that mean it still wasn't technically entered? Do you have to call the courthouse to find the exact date?
  19. At this point I think I'd sit and wait. By law (FDCPA § 807.5), if they tell you they're going to sue you, they have to follow through or be be subject to a lawsuit from you. So they will most likely sue you in the near future. Don't stress, as I mentioned before, CA laws are very good for you in these cases. If you haven't already, take a look at that thread I linked previously. They'll likely have a process server come find you to serve the complaint, or will leave it with an adult at your house. Don't worry, just accept it and mark your calendar with the due date on the answer (which you can make on a simple form you can download from the state).
  20. That's just letting you know they filled a notice of appeal. The appellate court still has to accept it. As far as the 30-day timing is concerned, when was the judgment entered by the clerk? It's almost never the same day as when the court issues the judgment order, and the appeal rules are usually based on entry of the judgment, and not the date of the order. Spend some time getting familiar with your appellate court rules of procedure. If they really did miss the 30-day notice window, you can probably file an objection with the appellate court as soon as you get a notice that the appellate court has received the case documents.
  21. BB&t is suing me. I filed my answer mostly no knowledge and therefore deny and included affirmative defenses. Now they have filed a motion to strike my affirmative defenses as well as interrogatories, request to produce, certificate of completion, request for admissions. I have no idea what to do now. I don’t want to loose and incur more legal fees?
  22. I answered a compliant and summons against lawyer representing BB&t. I denied or said lack knowledge and therefore deny on all pint and I used 4 affirmative defenses. They have filed a motion to strike my affirmative defenses, and request to answer interrogatories. Also a request for admissions and request to produce as well as certificate of completion. I’m in over my head now but does anyone have any suggestions? I have never seen any contract that I signed in my paperwork. Only a statement with the account number blacked out.
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