Leaderboard

Popular Content

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

  1. It's what I did with a BofA case against me ......... they have been silent since.
    2 points
  2. They offered me WITH prejudice. I would request it... I believe Plaintiff can dismiss the case at any time ....with or without you. But if you sign a stipulation, then you are in agreement with the terms of that stipulation and surrender your rights to bring legal action against them for any violations they may have made... So, I agree with bmc, ask an attorney's opinion, BEFORE you sign the stipulation. But then again, if you don't care...just want it over, and don't plan on going after them for violations... I would sign the darn thing ~ ! (is what I did) and I'm very glad it is over
    2 points
  3. Well that's another win!! Not a home run but still a dismissal without prejudice and at cost to the plaintiff. We got in front of the judge and the plaintiff flat out told him that they "couldn't find" the information the defendant requested in his discovery and they wanted a dismissal without prejudice. At the very least if they refile or another company does I know how to fight them. Thank you everyone for all of your help and encouragement!! I am forever greatful!!
    2 points
  4. DISMISSED!!!!!!!!!!!!!!!!!! Calvary and Schindler law firm strike out!! This forum is awesome, we could have never done it with out all the help from everyone here! Thank you Thank you Thank you. So today was our trial date, I thought I had another week but, anyway this is how it went down. Schindler had sent us a letter stating that they would have one witness appear that could prove title. We prepared to tear down that witness creditabilty and had our cross exam ready, thanks to all of you we walked into court nervous but prepared. Besides court staff there were only three other people in
    2 points
  5. They can report on it until the debt reaches 7.5 years from the date of default. They can continue to collect on it until you tell them to stop. Send them a certified letter. Keep a copy for yourself. Say I refuse to pay this debt ever, and revoke all permission expressed or implied to contact me in any form. Signed scooter1 After that they can contact you 1 more time to tell you their intentions. After that you can sue them for an fdcpa violation. They can continue and will report to the credit agencies for 7.5 years after the date of default, then they must stop.
    1 point
  6. Given that your goal is to improve your credit score, I would say that even if you paid the debt in full, you will not accomplish that result. Let's face it - the damage is already done - the account has been charged off and sold to a Junk Debt Buyer - I am certain that can be deduced from what is on your credit report, has been placed there by Cap1 and/or HSBC and paying URS isn't going to put them in a forgiving mood. So.... I don't see how paying URS anything will help you accomplish your goal.
    1 point
  7. @taste1 When was your date of last payment? Chase cards are governed by the laws of Delaware which has a 3 year SOL. If your payment was more than 3 years ago, it's possible that you could claim the DE SOL. Read the following case from the NY Court of Appeals: http://scholar.google.com/scholar_case?case=8626368307996834885&q=%22Portfolio+Recovery+v.+King%22+AND+Delaware&hl=en&as_sdt=4,33
    1 point
  8. You should look into appealing this decision. You only have 14 days to submit a petition to a higher court, double check the rules.
    1 point
  9. you could write them back and say this isn't my debt, I would be willing to settle for a mutual dismissal with prejudice.
    1 point
  10. Your court reporter all lined up for Monday? You have no idea how much I am pulling for you!
    1 point
  11. @RyanEX Will do. Thank you
    1 point
  12. I got a little legal advice, from a lawyer, who said I could at least send in my amended answer and counterclaims to the arbitrator, along with the request to take leave of the court to amend the answer and add counterclaims. The only reason I started to pursue this is that their original complaint is in violation of Oregon collections statutes (see above) and it seems that it would give me leverage to be granted leave to amend my answer.
    1 point
  13. I would have to research this, but it seems to me when we studied the UCC in law school somewhere in it was verbiage that a creditor cannot impose terms that make it difficult or impossible for a person to pay what they owe, and then have that cause the person to incur extra charges.
    1 point
  14. Doesn't the rule have to do with evidence being provided 20 days prior? it's not evidence. It was just their objection. I've brought it up to them. They know I know they filed something on one day but mailed it another. I'm going to leave it at that. I'll let them marinate with what I said. I didn't threaten or nything. I put it in a way that I was just asking a question. I think the fact that I told them I file head of household is more important anyway. I'm sure they don't get paid if I don't pay CACH so they knowing I'm not paying them anything win or lose might have some kind of effect. At
    1 point
  15. @admin http://occ.gov/news-issuances/congressional-testimony/2013/pub-test-2013-116-oral.pdf
    1 point
  16. It's hard to figure out what's going on procedurally here. You said there was a trial on May 13. Are you sure that wasn't some scheduling or status conference? Type out for us exactly what all future dates in this case, and their description by any court orders, are. Their motion does seem to make sense to me. If they haven't submitted affidavits as part of a trial or motion proceeding, any motion to strike affidavits by you are of no consequence. It's only when they try and submit affidavits into evidence, to the judge directly, that it is timely for you to move to strike, or to object. Don't
    1 point
  17. @FSUgirl07 If you want to bring up the date with the attorney, you don't have to appear threatening. For instance: "I noticed in your email (or whatever it was) to the court that you said documents were mailed to me on the 11th. Did you know that they weren't mailed on the 11th?" If he wants to know why you're bringing it up, you could say that you were wondering about the discrepancy. You're not threatening him, but you're letting him know that you're aware of the discrepancy. How he would choose to handle it is up to him. Or you can be tougher, as Flyer suggested. I would defi
    1 point
  18. The worst is how a case makes you feel and how it robs your time & stresses you (you've already gone thru most of that). Beating them is a far better feeling than the opposite of this. We established a while ago that you can get around paying them (if that times comes there is help here for that; so it's not going to be a problem). You can be more confident by knowing the rules of evidence & authentication and striking their evidence with MIL's. Maybe STUDY the rules and those (alleged) cc statements again and see if you really do believe they can not be deemed inadmissible. It's har
    1 point
  19. My court did (discontinue use). The judge said "if you feel that is something you need then you can arrange and pay for it yourself".
    1 point
  20. I'm not trying to be rude, I'm really not, but I don't understand how many times you need it explained to you. Yes, it's hearsay. Any document, paper, bill, statement, ect.. is hearsay. If you print this post and show it to somebody, your showing them hearsay (assuming you offer it as fact). It's hearsay and nobody will dispute that. As I've posted over and over in your threads, the other side will 100% agree it's hearsay. It's slam dunk, 100%, no questions asked, no dispute by anybody, hearsay. Here is the definition of hearsay from the federal rules of evidence. A "statement, other
    1 point