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Showing content with the highest reputation on 01/29/2018 in all areas

  1. Dismissed w/o prejudice today against Portfolio. I could have had dismissed with prejudice... but I would have had to sign a mutual release of claims, and I plan to at least get my fees and costs back so I declined. Filed an opposition to the request for dismissal, but the major case that I relied on had been depublished and I hadn't noticed that. Judge took the time in court to go through the underlying reasoning with me, though, and he stated both before and after the proceedings that he'd found my depth of research and knowledge, as well as the quality of my legal writing, to be
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  2. Thanks! I guess I should probably do that right now, actually!
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  3. AWESOME JOB!!!! you did great! make sure to post on the winners threat!
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  4. Important thing to not give plaintiff a chance to claim you waived arbitration by participating in litigation. It's one of their classic weasel arguments.
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  5. Your wife could have opened the account in both your names. Settling it would take care of all borrowers listed on the contract. They are not required to send it. They are only reporting which is not defined as collection activity in some Federal circuits. If they are not calling or mailing you collection notices then they do not have to send a copy of the contract. AGAIN, they only have to verify/validate if you dispute within the first 30 days if their INITIAL contact with you. If you send a DV letter now they can ignore it. Even if you do send a DV letter and request a
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  6. In Dekalb? It would be unlikely, but they can seem very creditor unfriendly because they don't want to spend a bunch of time listening to bad arguments that have no merit that most people try to use from bad sources on the internet.
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  7. Welp, just got home from court. I always knew that the opposition to the dismissal was a long shot, and in the end I didn't get what I wanted out of it, mostly because the main case that I was using was depublished, as it turns out. But, the judge and I had a solid 5-8 minute discussion on the underlying precedent and the differentiation between those cases and this one, and it was pretty good. And the case is, of course, still dismissed. At both the beginning and at the end he complimented the depth of my research, the quality of my writing, and my level of knowledge, describing my
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  8. Yes, that remark about the "settlement case" also has me concerned. I suspect this may be a court that plays fast and loose with the rules. The judge is probably used to seeing two types of cases there: default judgments and settlements. Filing a MTC Arb is going to throw them for a loop. They probably have never seen one before. So I think the OP needs to file a formal answer (with lack of jurisdiction due to arbitration as an affirmative defense) and the MTC Arb. If the plaintiff does send any discovery, object to it on the grounds that arbitration has been elected, and the scope
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  9. No, because the judge did the Plaintiff all kinds of silent favors. You notice that OP said after mentioning he filed a MTD 30 days ago, the judge simply looked at the attorney and said "I'm not going to do anything since this is a settlement case". Even though OP never once indicated he is willing to settle, the judge has essentially decided that is what will happen and he gave the other side a lot of time to make that happen. I would file the MTC and on the next court date I would state very clearly and directly to the judge that I have no intent to settle at this time and that this c
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  10. If you have the money to hire one of those attorneys, I would do it. Usually they charge half the amount you are sued for, so it can save you money (as opposed to paying Cap1 $2k+ to settle). I would believe that they can get a dismissal because for $2k most banks are not going to fight it out in magistrate court. The other option is to use the ID theft defense on your own and potentially file counter claims against Cap1. IN Magistrate court, attorneys do not like to fight against counter claims because of the unpredictable nature of those courts. If you can file a good counter claim
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  11. Okay, good. I just wanted to make clear that the portions that I'm leaning on the hardest on are the ones that won't expire, and which tie a specific practice to a specific piece of law. That said, I'm not really relying on even those, though. And they definitely blew off 98 here, for sure. As well as the 1271 exceptions: they made not even the slightest pretense at showing any of it wasn't hearsay. I know that I'm going to get it dismissed, at a minimum, if only because Plaintiff has already filed a request for dismissal without prejudice. Thing is, I don't want it dismis
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  12. ... re: settlement v. law, maybe. I don't have time to argue the whole thing right now, nor do I want to air that particular bit of laundry before Monday, on the off chance that this does turn out to be a trial. Regardless of the nature of a thing being truly a violation of the FDCPA or not, though, when there's an order that says "Don't ever again do this specific, exact, thing" and then the subject of that order goes and does that specific, exact, thing... it's hard to argue that PRA didn't violate the order, if nothing else. Even if the court declines to enforce it. I mean, in my case
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  13. I'm not relying on the consent order. I have plenty of other things to go on as well. I do, however, want the judge to see it, and--ideally--to note that they are violating it, whether or not he can enforce anything. That will make the net stages easier, when I go to the CFPB.
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