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Showing content with the highest reputation on 02/08/2013 in all areas

  1. 3 points
    Went in yesterday for my "Readiness Calender" hearing and guess what? The folks from Prober & Raphael decided not to show! Judge called me back in today and again, no show, WTF?? I was armed and ready for them! And they NO SHOWED?? So this is what I got: PREDISPOSITION HEARING HELD ON COURTS MOTION, CASE ORDERED DISMISSED WITHOUT PREJUDICE AS TO ENTIRE ACTION. REASON: PLAINTIFFS FAILURE TO APPEAR & PROCEED. STAGE AT DISPOSITION: COURT ORDERED DISMISSAL - OTHER BEFORE TRIAL (CIV) DISMISSED! WOO HOO!! Thank you Calawyer, Seadragon, VLDCA, Mommamia, BV80, Coltfan, etc, etc for the ammo to take these guys on. YOU ROCK!!
  2. 1 point
    Something that the JDBs do not know and can bite them hard in Utah is that unless they come up with an interest rate on the written contract, the only interest rate they can charge is 10%. Midland will never be able to come up with something that has is admissible AND has an interest rate on it.
  3. 1 point
    ASTMedic, I don't know that. I will say, if they want to go rounds with me again, BRING IT! I am prepared, thanks to the kind folks on this website!
  4. 1 point
    P954, the Consent Decree says in response to DV (I haven't read through all the posts to see if you did DV, or if they even mailed) they have to do an investigation within 30 days to determine the appropriate facts; if they didn't do that they can't list a trade line and can't go forward with collection activity; if they afterward have trouble with information relating to the account(s) it means they didn't do the appropriate investigation as required and are in violation of the CD. There may be multiple violations of the CD here.
  5. 1 point
    How long a continuance? Did he say? You did not lose today. You have lived to fight. If the judge feels the server is credible, that is good. The attorney is stalling. You definitely still have the upper hand. I wish things went better but I'm glad they didn't go worse. Hang in there!
  6. 1 point
  7. 1 point
  8. 1 point
    Nice going. I am very proud of you.
  9. 1 point
  10. 1 point
    Their MSJ is only 2-3 pages long. It basically says, the Defendant did not submit a counter-affidavit or denied the amount owed. The Plaintiff's affidavit serves as Prima Facie evidence and the amount claimed should be awarded. I had to address the two rules they filed the MSJ on MCR 2/116©(8)(9). (8) is a failure to state a failed defense (9) is based upon the complaint, the Plaintiff is entitled to judgment. Then they had 3 causes of action 1) Breach 2) Account Stated (3) Unjust Enrichment. I had to plead an opposition on the account stated claim, They abandoned the breach of contract and unjust enrichment. I had to still address the two abandoned claims as a just in case the judge denies their account stated claim and the attorney tries to plead one of the other causes of action. I raised three defenses (1) Lack of Standing (2) Statute of Limitations (3) Failure to State a Claim. The Opposition ended up being 10 pages. Luckily for the most part, I did not have to write out the case law. It was already saved in another document. I took similiar arguments from other oppositions and customized it to Peanuts opposition. for the most part, all of the complaints and MSJs regardless of the attorneys representing these JDBs are all the same. The Plaintiff's attorney did not cite any caselaw in their MSJ to back their argument. For the amount they are claiming, the attorneys are probably not going to make that much money on it. Why would a JDB spend more in attorneys fees than the account is worth. That is why I think the attorney just threw a quick MSJ together. Hoping the Defendant did not know how to respond. Peanut still has to put together an affidavit denying the main claims in their MSJ.
  11. 1 point
    Suggestion: INTERROGATORY NO. 4: State whether, and if so why, you contend that you are not required to perform under the Agreement. DENY: Objection - Calls for speculation as to the term "agreement" as no agreement has been submitted by the plaintiff. And definitely don't use "Objection - Defendant, not being a lawyer or trained in legal matters, cannot determine whether or not this is true." You are defending yourself in court and will be expected to know as much of the law as is required to defend yourself. You can't pull the "I'm not a lawyer" card. On the contrary, try to be more professional than the JDB attorney. JMO
  12. 1 point
    Unfortunately, you are at the end of my knowledge regarding the process. You might have to read the rules of Civil Procedure for Minnesota yourself and figure out what the answers are. This is a learning process and once you do this once or twice, it will come automatically. Remember this though, they cannot use discovery to find out asset information or get into your life. They can only use it to get evidence of the current case. As long as you are reasonable with your answers and objections, this is not going to court and if they do not like your answers, tell them in the meet and confer that they can talk to the judge.
  13. 1 point
    So ........ no prima facie case ....... and the SOL has expired ......... peanuts is golden given an educated judge.
  14. 1 point
    I emailed the finished Opposition this evening. There is a Statute of Limitations argument. HSBC sold the accout to ARROW in February 2005. LVNV did not acquire the account under September 2011. THe complaint was not filed until August 2012, 7 1/2 years after HSBC wrote the account off. The account statements from HSBC were dated in 2006 and 2007. Why would HSBC generate an account statement with a payment made, when they no longer have ownership of the account? Here is the good thing, the entire MSJ was based upon the affidavit from LVNV ad the Menards statements. They did not plead a breach of contract claim or unjust enrichment claim or even an account stated claim in the MSJ. They based their account stated claim on that affidavit. The complaint was filed with the court on August 20..The court will issue a summons on the same day. The affidavit is dated on August 2nd..that 10 days lapsed and the Prima Facie case the Plaintiff's idiot attorneys thought they had, does not exist.
  15. 1 point
    bmc100 ............. you should be a shoe - in for humanitarian of the year decade.
  16. 1 point
    Thank You...well we thought so tooo...Hoping that when we walk in they will dismiss...Calawyer beleives they won't show but we're playing Devil's advocate and preparing as if they will show....
  17. 1 point
    QUESTION. is it 30 or 45 days Calendar days ? or working days ? Elky1969
  18. 1 point
    This is legal opinion, published in the Journal of Business and Technology Law in 2011, Robo-signing And the Lack of Proof in Debt Buyer Cases Excellent citations and case law and conclusions for third-party business records, bills of sale, chain of possession, affidavits of keepers of records and robo-signing. I would quote here, but there is simply too much good stuff in here. This needs to be pinned! From the University of Maryland School of Law by Peter Horton: http://www.civiljusticenetwork.org/LinkClick.aspx?fileticket=97md-8krQFQ%3D&tabid=68
  19. 1 point
    Also note what the agreement of the OP says in this instance - "The arbitrator shall be empowered to grant whatever relief would be available in court under law or in equity. At the conclusion of the arbitration, the arbitrator may allocate arbitration fees in accordance with applicable law, provided that such fees do not exceed the filing fees that would have been incurred if the Claim had been brought in a state or federal court with jurisdiction over the Claim. Where authorized by applicable law, the arbitrator’s award may also include attorney fees, witness fees and similar expenses" Note the part I underlined and bolded above. This agreement states that even "if" the arbitrator allocates fees, they will not exceed the filing fees that would have been incurred in your state or federal court.
  20. 1 point
    Congratulations! Now get ready to pound them!
  21. 1 point
    annualcreditreport.com - Free Credit Karma (you'll see your Transunion report) - Free If you have to pay, myfico.com is the way to go.
  22. 1 point
    I hope you clean their clock. You have authority on your side make sure you don't let the judge and plaintiff shut you out of the conversation. Tell the court there is abundant authority in the opposition and that argueably the plaintiff has attempted a trial by inadmissible affidavit and now cannot really get a second bite at the apple this is not a dress rehersal for trial this is a matter in which they failed to prove their case.
  23. 1 point
    Oh I'm loving this !!! This is great !!!! You're still high on aderenline after a fresh a$$ kicking and now they are sending in more sheep to the slaughter.
  24. 1 point
    uuuuUUUHHH Let's Get Ready TO RUMBLLEEEEEEEE!!!
  25. 1 point
    A couple of questions first. 1. Is the address of the Attorney's office greater than 150 miles from the place of trial? 2. In the declaration in leiu have a statment similar to the following: ‘I certify (or declare) under penalty of perjury under the laws of the State of California that the foregoing is true and correct’: