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Showing content with the highest reputation on 03/15/2016 in all areas

  1. 1 point
    @kev0487 Contact more than one attorney. It's the same as getting a medical opinion. You would want more than one opinion.
  2. 1 point
    Cap One will fight and it is extremely difficult to beat them because they are an original creditor. If you've already engaged in litigation in the courts (you mentioned a motion to dismiss), then it may be too late to try to do arbitration. From what I understand, arbitration is sometimes possible on Cap One if the account is older than 2010, but there are others here that know more about arbitration than I do. I'm currently defending a Cap One lawsuit for a client, but don't know yet how it will turn out. They just filed to have their witness appear telephonically at a jury trial, which I will object to. Meanwhile we have to attend court ordered mediation before trial as well. While most JDBs are generally willing to settle for even 50%, I am not sure that an original creditor will be. The fact that you don't work now may make it so they can't collect on a judgment right now, but judgments are around for a long time and with you being a student, they may bank on you having a decent job or at least a bank account to levy if they do get a judgment, unless you happen to support someone and pay 51% of their living expenses. Bankruptcy is another option but really a last resort, and would only recommend if you have other debts out there. Hiring an attorney may get them more eager to settle with you, but I don't think it will necessarily lower the amount they will take by much. I'm not saying it can't be fought, but it's just very difficult to beat original creditors because they can usually come up with the documents.
  3. 1 point
    This response is insufficient. Under the code, plaintiff must produce all responsive documents, not just those that are "available", whatever that means. CCP 2031.220. A statement that the party to whom a demand for inspection, copying, testing, or sampling has been directed will comply with the particular demand shall state that the production, inspection, copying, testing, or sampling, and related activity demanded, will be allowed either in whole or in part, and that all documents or things in the demanded category that are in the possession, custody, or control of that party and to which no objection is being made will be included in the production. There are many meet and confer letters floating around responding to responses such as these. Check Homelessincalifornia's thread. You must meet and confer with plaintiff and file a motion within 45 days. CCP 2031.310.
  4. 1 point
    YES. "Pocket Docket" means that the case doesn't exist or become valid with the court until the Defendant files their answer and pays their fees. I don't know what they are in ND but in MN where they have "pocket docket" it is VERY expensive and designed so that the Plaintiff gets and easy judgment. The reason is failure to answer by the Defendant is an automatic admission that their claim is valid. It is a VERY messed up way to do this but not going to change anytime soon.
  5. 1 point
    @marquez Well, if you're a Ph.D. candidate, you've got not only brains but determination. You can do this. There have been many pro se defendants who have successfully appealed their cases both in state and federal court. It's just a different skill set, that's all. You mentioned something about a manual from a Ky law school. Are you doing research in a Ky law school library? The same Univ where you are studying? Law libraries are great , and law librarians can be very helpful. Law librarians are both lawyers and librarians. They can't give legal advice, but they can provide legal information. If you finesse it right, (say your're doctoral student and doing a legal project that has to do with an appeal, etc), you may get some really good assistance. Law students (although they aren't supposed to do it) have also been known to give legal advice. Sometimes they will do even more. You don't need to "struggle to maintain your confidence." YOU CAN AND WILL DO THIS.
  6. 1 point
    Well, when you have more than 200 calls, recorded, when you've constantly been telling them that you revoked their consent to call and their response has always been, "we can call you anyways, we dont need your consent, and these calls will continue until you pay up, no matter what you think or say", I'm pushing for that judge's discretion. If it is supposed to be reserved for the most willful, intentional cases, well, then, I think that this one certainly qualifies. This JDB has no doubt been very deliberate in its choice to continue harassing me all this time, even though there is no debt for them to collect. And even when I have repeatedly said they do not have my permission or consent to continue this, they flaunt it in my face that they WILL continue regardless of what I think. If ever there was a case that was appropriate for $1500, I'd say this is it. Wheels up, Stick
  7. 1 point
    Yes, the statute allows up to $1500 for willful violations. That discretion is up to a judge and usually pretty rare. In a settlement, you realistically will get $250 - $350 per call. Companies are starting to fight back pretty hard on TCPA claims, so its not an easy automatic $500 per call anymore.
  8. 1 point
    to your list, add a complaint to the CFPB who will contact them about the calls (unless you want them to continue to rack up violations for your case). Sometime back AMEX was getting to be pretty bad with calls, even on Sunday mornings. Request after request for them to quit calling had no effect. Calls ceased within one day of the CFPB contacting them after a complaint was filed.
  9. 1 point
    @BV80 It's an appeal of the judge's denial of the MTC. All the order said was "per JDR 318" beside the section where he circled "denied." So, it seems the judge is citing his jurisdiction, and from what I can tell, the court does not have jurisdiction. So, hopefully the appeal will resolve this. I didn't expect the judge to deny it! @CCRP626 I meant to mention that I had checked out the legal forms on the Ky court site and had read through the clerk's manual and the appeals procedure manual (as well as one that was published by a Ky law school), but I was unable to figure out how to go about formatting and what to say, etc. I didn't even realize the notice of appeal was not the appeal, though it makes sense. I couldn't figure out what anything was supposed to be called and how to properly make a case, so I am eternally grateful for your willingness to share your knowledge. I would not have known how to wade through all the stuff in that manual. It's soooo frustrating for me. I'm a PhD candidate and writing my dissertation now, so I do research of all kinds every day. I fancied myself smart before I tried researching how to respond to these lawsuits. I cannot believe how hard this has been. It's a little embarrassing. Humbling, for sure! You guys are the best people in the world!
  10. 1 point
    Feels great to be part of this thread. I won my case because of all the help I got from this forum. You all know who you are. Thanks again, and hopefully I'll post again here soon. Lol.