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Showing content with the highest reputation on 04/05/2013 in all areas

  1. Back in February my daughter wanted to order Proactiv. I went ahead call the company and order it. It did have a subscription to refill in 30 days unless you cancel, that I did. I recorded all phone communications to make sure they didn't screw me later on. So 30 days later bang, they charge my credit card, oh well ... so I call the cc and disputed the charge, the rep called proactive and the guy of proactive just plain lie about me canceling the day before and not 30 days before. All right I said then I gonna file a FTC complaint and an AG complaint with the recorded calls. I then went with C
    2 points
  2. Johnson v Law Offices of Farrell & Seldin et al in the US District Court, District of New Mexico. "The Defendants have filed their motions to dismiss without bothering to set out the factual allegations in the Amended Complaint that relate to each claim for which they seek dismissal. As the moving party asserting an affirmative defense, the Defendants bear the initial burden of demonstrating that they are entitled to dismissal because “the specific allegations in the complaint [do not] plausibly support a legal claim for relief.” Alvarado v. KOB-TV, L.L.C., 493 F.3d 1210, 1215 n. 2 (10t
    1 point
  3. You'd have to read the original contracts to be certain...there may be some language covering this...but technically, if the loans were in default when boa and pnc bought them, that makes them junk debt buyers...not CAs.
    1 point
  4. While we are on the subject I found this article Today. It involved two accounts where Midland sued for less than the amount sought in their letters. Both were dismissed. The dismissal was not based on what Midland did, but because the plaintiff's attorney didn't know how to properly state a claim. The first link was written by an attorney that represents JDBs/CAs in FDCPA cases. http://www.burrconsumerfinancelitigationblog.com/?p=172 https://docs.google.com/gview?url=http://docs.justia.com/cases/federal/district-courts/illinois/ilndce/1:2011cv05111/258260/105/0.pdf?ts%3D1364471153&
    1 point
  5. No. You can attempt to serve a summons and COMPLAINT on a corporation that actually does business in California but has not appointed an agent for service of process here such as CT corporation. But here, we want to serve a WITNESS. THe witness must be served personally. And the witness must be served in California. JDBs know this. And that is why a CCP 98 declaration from an out of state witness is so bogus. Of course, if the witness shows up voluntarily, all bets are off.
    1 point
  6. Resurgence Financial v. Chambers http://scholar.google.com/scholar_case?case=10121350625093322993&q=Resurgence+Financial,+LLC+v.+Chambers&hl=en&as_sdt=2,41
    1 point
  7. Or they can come over here and we will educate them for free including full case precedent cites, links to the cases where we have destroyed them when they did not think the law applied to them, and will generally provide one hundred times better information and all for free. It's just what we do and we do it for free.
    1 point
  8. Not being sent anything is pretty lucky. Without evidence, they have no case.
    1 point
  9. Hi unconventional, that is why you will need to scrutinize every piece of doc you received. The jdb in my case tried to submit a chase manhattan card agreement for one of their Chase evidence against me. When I did research on this I found thst Chase Manhattan merged with Chase sometime around 2002 or 2005, can't remember but it was around that time. So it didn't match what I knew about this alleged acct.
    1 point
  10. Several years ago, when I told a lawyer acquaintance that I wanted to go to law school so I could practice consumer law, he said, "why would you do that, you already know none of your clients have any money. How do you expect to get paid?" The truth of the matter is, there are plenty of ways to get paid as a consumer attorney. The real problem is that consumers tend to think, because someone is a "consumer attorney," that they should work for free. I would submit that most complaints about disinterested consumer law attorneys come from those who need one to defend them, and simply cannot af
    1 point
  11. You are right about not having to go to a courtroom. The atty I used told me on the phone he could pre-litigate my case with a demand letter and get a settlement, and that;s exactly what happened. As for Mr Watts, I will PM you.
    1 point
  12. These few words say it all about this guy. He heard 540. and thought "I can't make any money here". Even if a good attorney turned you down they would need to know the details of your case. A good FDCPA attorney will not worry about your money. If they think you have a good case they will take it and let the other side pay their fees. In an average FDCPA case the attorney will get at least a couple thousand and that is one that settles fairly easy. On the rare occasion that the case lingers on they can make many times that if they win.
    1 point
  13. I'm being sued by one of the Big Boys. I've only been to court twice in my life. Once 30 years ago for a divorce and a couple of years ago with my husband (of now 29 years) when he was taken to court in the matter of an abandoned pet. We consulted with an animal law attorney before the hearing. He told us there was no way we could possibly win. Our only hope was to limit the damages. Everyone else said it as well. We did our homework and got expert testimony and Affidavits. On the court date, we decided to do the exact opposite of what the attorney had advised us to do. Also, at the last m
    1 point
  14. 1 point