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Showing content with the highest reputation on 12/30/2014 in all areas

  1. Thank you. Just felt it would be more helpful to people on a different thread devoted to winning and losing. @goody. You did misinterpret what the judge meant. He said it MAY have made a difference. You also heard me state in his own minute entry instructions there was to be no more delays in this case. No continuances. Would he have granted it if they had had it in earlier. I think not. He scheduled my case as one of his last for the year. Why let it drag on as, with my defeat of their MSJ, and arb ruling I had pretty much already shot them down. Maybe they proceeded to trial to show Midland they still had something left. I don't know , or care. It is over and done with. I worked my "bass" off to do everything right and I prevailed. One more note, people may want to look up the judge in their case. In Az, they have preferences and instructions as to how they like things done. Each judge (superior court) has a profile. I think this is important to know , as well as ANON said ,"try to sit in at as many trials as you can. It helps to know how it will go. Think of it as a high stakes poker game.
    2 points
  2. For anyone reading this thread, Just because you fight an OC or JDB does not mean you will win. Even atty's will tell you that if they take your case. There are NO guarantee,s. BUT, If you want to have a chance you have come to the right place. It will take a lot of reading , and filing of motions, and you can have a chance to win. Or a least get advice if you decide to settle. We are here to help make it easier for you to find what you need to get the ball rolling, to encourage,, and help you find what you need. But for most , the journey takes a year to two years.
    2 points
  3. I will play devil's advocate on my thread here. In a few years here, I have observed and posted on most AZ's threads. A few have won (usually with some error on the other atty's side). Most have left without posting what happened. I could guess either settlement or BK , as winners usually come back happy. And they are far and few in between. And judging from my hours a week on other states posts, it seems to be the same story. Most of the cases seem to be around the same time 2009ish. It does not seem like there are more and more recent cases to me. My opinion. I don't think the atty's have any more media now that they were ever given. Just have figured out better ways to intimidate and lie about dates, and occasionally even bring a witness. The justice court's decisions are a huge cash cow for the appeal system. I have decided I would have done things a lot differently had I not thought I could do it all myself. At least consulting with an atty . And as Anon says I would have elected for a jury trial. Other than arbitration, this is the only thing that costs them money and TIME. I was really lucky I could take time off to fight this suit. Most people can't , or have kids, or have to read this late at night. This is the trajesty of the JDB system, that destroys family's trying to get by. All the mounds of paperwork, court visits , etc.... Most people give up. I often wonder how many guests in here , think they can't do it. Unlike Goody, I don't think we are giving false hope to people. I tell it like it is. It will be hard work, and long hours and it will cost you a fortune in printing and parking meter fees. But if you believe in yourself and file everything on time, and go to all the pretrial conferences, and ask for help, you can do it. Will you have to appeal ?? It all depends, like Harry said on the judges personal decision. Can you win in appeal. Yes!!! To A Happy 2015 Piano Lady Out
    2 points
  4. The reason the rule that way most of the time, especially in Justice Court is the Judges most of the time are not members of the Bar but have been elected to try cases in which they lack the expertise to recognize inadmissible evidence and the rights of a defendant. Unfortunately, the Tuscan law gang is the one telling the judges it is ok. More generally, we do the best we can with what we got. Evidence foundation is the weak point of any JDB's case. The reality on the ground is that the Justice Courts are making loopholes for the debt collectors that probate and divorce litigants are denied. I see that what I have said about this has struck peoples nerves. I will continue to help all I can. I think the Parker case can be overcome you just have to tie the courts hands sufficiently early. You do this by first conducting targeted discovery then you oppose the telephonic witness, most definitely get evidence stricken or get admissions against them. Something, anything by all means necessary and then you can win. The reason it is tougher now in Maricopa county is because nobody has held the justice court judges to the fire. I personally think the Arizona Justice Courts logo should be a kangaroo with money falling out of it's pouch. Parker can be overcome and has already. How many fight in Justice Court? The very fact you have wins and dismissals validate that it is possible. You have to put in some fight to win, but you can show that they adopted garbage and it should be stricken because their evidence is prejudicial. And why not call for a jury trial? If the justice court is the problem then have a jury decide the matter. A jury trial does take the discretion away.
    2 points
  5. You don't have to worry about going to jail for fraud. Debts are civil matters. If you did a BK and the trustee questions recently-incurred debt, the most likely result is the BK is disallowed. You are better off waiting to do the BK, so the FL residency kicks in and the $9K dental work is more distant history. And, if it is possible you will get some cash assets, either through inheritance or winning a lawsuit, hold off on the BK. You can use that money to settle the debts and probably avoid BK. What I would do, is keep paying the minimums, and in the meantime do a lot of research on what is called "informal bankruptcy." What this means is you stop paying creditors, but don't file an actual bankruptcy. Research asset protection and becoming judgment-proof (actually collection-proof). Learn your rights under consumer laws such as the FDCPA. Also look on Debtorboards.com, as there is a lot of good info there as well as on this site. If you are willing to learn how to defend yourself in court, you may be able to defeat creditors that sue you. You may be able to make enough money from FDCPA lawsuits against collection agencies to settle the debts. FL is a good state for debtors in terms of asset protection. In most states, the BK exemptions are also the exemptions from a judgment. Meaning, if you could lose an asset in a judgment, you WILL lose it in a BK. It sounds like you are judgment-proof, at this time. That would change if you received a lot of cash, such as from the lawsuit or inheritance. Also, consider doing a selective default. Some creditors are more aggressive about suing than others (AMEX and Citibank are aggressive). Some may have good arbitration clauses, which means you can use the arbitration strategy: http://www.creditinfocenter.com/community/forum/199-arbitration/ So, you could default on the ones that are less likely to sue and for which you can use arbitration. And keep paying the aggressive creditors. Seven years ago, I was in your position with even more debt. I did not do a BK, as I could not without losing my house. I have only been sued three times. I beat two of the lawsuits and have very favorable payment terms on the third. I have made more money from FDCPA lawsuits than I have paid to any creditor since default. As a result of suing CAs, I am undoubtedly on WebRecon, the list you want to be on, as the CAs won't touch you with a 10-foot pole. Except for the stupid ones, which are likely to violate. Also, check your credit reports. If they show previous employment, be sure to ask the reporting bureaus to update that to disabled, not working. The creditors look at credit reports, and IMO, if they show employment, meaning wages to garnish, they are more likely to sue. Don't be scared. You can beat this. But, be aware it will take a lot of work and study and thinking outside the box. And, for any debt settlement, learn to do it yourself and never hire a debt settlement company. Most of them are rip-offs.
    2 points
  6. Now we're getting somewhere. So if the full contract was provided there would be less argument? I agree that seeing the purchase price would be nice, but is that required by law disputes over ownership? Using the car analogy, it seems all of information is provided: VIN = account number Make = Citibank Model = Radio Shack Year = dates of account open, last default and charge off Mileage = Account balance As for signatures, I've been provided bills-of-sale signed by both parties. As for the price paid, yes they argue that is privileged and irrelevant as the account in question is a small part of a larger portfolio. In my cases (and others who have copped to the debt) everything was accurate to the penny, so the JDB got it right somehow. When we call the OC (as we do as a first step in all of these cases) the answer is always "we sold your account to <insert whoever is suing us>." As Harry pointed out, the burden of proof is 51%. The judge has to use common sense and, without the debtor showing compelling evidence of error or fraud, does he really need to see the entire purchase contract to find the exact same information that the plaintiff provides (in summary form) in discovery?
    1 point
  7. Tonight I will compile a list of losers and winners from Justice Court appeals over the last year. Without even looking, I will predict right now that the ratio will be 10:1 losses to wins. If we want to break it down even further, I predict there will be zero wins where Parker becomes a part of the appellate court's analysis. This means the "wins" will be isolated to technical errors and have nothing to do with arguing admissibility of properly authenticated evidence. But we'll see how my predictions shake out when I get time to do the research this evening.
    1 point
  8. I want to add, that had I not seen the post about the USPS scam and virus, I probably would have opened it. I got it sent to my e-mail 2 days after I read that admin post. I also warned my friends and family. I will now work on repairing my credit with a lot of good info on here. I think the people that come to this forum benefit from the info on credit repair, BK, mortgages and other things good. I am going to bump up Beergoggles thread If Things dont work out for you. Maybe we can take this discussion back over to that thread??
    1 point
  9. Really? Is this such a huge problem? People here have lost their jobs, the economy has tanked (although it's coming back), people have divorced over the added stress, the debt collectors have stressed some people to the point of health issues, our government has recognized that there is considerable abuse in the collection industry, etc. etc., and this is the HUGE problem? Also, suppose you are a new member and latch on to what you say is our "we almost always win rhetoric", so what. Would you not have the intelligence to learn your state and local rules, rules of evidence, civil procedure, case law etc, as well as learning how to do discovery and fight the case etc? And even if you were the least sophisticated consumer in the world, you would be informed on this and taught how to research this for yourself. I don't know how you consider this a rhetoric. If you guys want to settle then just do so. You keep suggesting that I prove up my theory that most people who FIGHT win; but where's your #'s showing that most people who fight lose? A lot of people are willing and able to take the risk and invest the time to learn. We empower them, we don't give them false hope. And contrary to what you want to spread on this type of a forum (where 95% of the people are fighting a lawsuit) people do win. Also, we do a lot more than just say people win. There is a lot of work put into this site by CA members (as well as other states) and no one from Cali is damaging any new member or any member here by giving them some hope (as well as continued help).
    1 point
  10. As a whole, we are providing the only hope. I wouldn't have won my cases without forums like this turning me on to NACA, or delving into the finer points of FCRA. But a huge problem remains. If I was a new member, I would hitch my wagon to the "we almost always win" rhetoric from our California friends. The OP alluded to something in her previous post that should be the sum-total of this thread: "usually with some error on the other atty's side." For those lost in the length of this case, MSJ was defeated and an arbitrator found in the OP's favor, yet the case still went to trial. Unless I misunderstood the judge, the simple act of timely filings could have resulted rescheduling for a live witness and/or the self-authentication of the plaintiff's documents. This may be the very reason that Midland moved their business to Blatt, et al.
    1 point
  11. Is the affadavit enough to verify this account?? Keep picking on that. Do they have to have an actual witness in your state??/
    1 point
  12. @pampamk Considering that one of your reasons for the appeal is the court's misinterpretation of the saving statute, I might go into further detail as to how the statute was misinterpreted.
    1 point
  13. I think in very few ways if any it is wrong. You didn't owe the bottom feeder. You didn't agree to pay them (as in a true account stated). Their damages are really not damages, they bought the debt to attempt to profit from it, and not for the amount they claimed in their damages. Also, if they have "unclean hands" in the litigation then they have given up their right to any relief from the court.
    1 point
  14. Ok, based on what you've said so far, as I read it, you are outside of SOL. You have two options, either file an affirmative defensive stating they are suing on an account that is time-barred & file a counter suit for damages under the FDCPA since it's illegal to sue on a time-barred debt. or easier route: Consult with a consumer attorney and he'll file your defense & countersuit with his attorney fees included in the suit so you pay nothing and get a nice $1k check for damages. In either case, you're on the clock & the holidays don't make it any easier.
    1 point
  15. Hi Everyone! I just wanted to let you know how much I appreciate all of your help. I officially won!!! I just got the notice in the mail and I was terrified to open it. I won under it being time barred in Utah under the four years. I was pretty worried after the plaintiff's last answer. Thanks again for all of your help with this.
    1 point
  16. @Chixago If you want a specific recommendation, call or email Curtis Warner. He's a well-known consumer lawyer, licensed in IL and several surrounding states, and has won quite a number of cases. Experience - Warner Law Firm, LLCwww.warnerlawllc.com/Experience.html 155 N. Michigan Ave., Suite 9005, Chicago, Illinois 60601, (312) 238-9820 ... Curtis Warner is the firm's Principal and is an experienced litigator having ..
    1 point
  17. E. For those that offer the help, don't put more energy into the case than the people being helped. (Thanks for this reminder, @antiquedave) Thanks for the bump, @Az Piano Lady 14 This was a good read again. It's a good reminder to everyone (those asking for help as well as those helping) that there is only so much we have control over, and when a case is "lost", it doesn't mean anyone did anything wrong, or that it could have even been prevented.
    1 point
  18. Don't send a second BOP, you just allow them more time to object. It's not usually worth filing a MTC BOP because they are almost always lost and the judge says the reason is that you can get the information thru discovery. I would send them 1 meet and confer letter and then discovery; Request for production of documents, and then a meet and confer regarding that. Then file the MTC for discovery, as that is a motion that is usually won.
    1 point
  19. Yes. Getting feedback helps everyone, and it's just simple courtesy as well.
    1 point
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