Trapezius

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Everything posted by Trapezius

  1. Smells like an FDCPA violation to me. Talk to a consumer protection attorney
  2. Just my 2 cents: This is in district court. If you decide to fight it out in district court and lose you can appeal de-novo to the circuit court(meaning, the case basically starts over, however, the appealing party has to pay the $165 filling fee). At which point you could then file a mtc arbitration. From my experience, very few, if any, JDB appeal their loses in district court. Also considering that their attorney appears to reside out of state, I don't see how she would plan to appear at hearings or for the trial.
  3. Given that the amount is $4k, it may be worth it to them to go through arbitration. In Courts you have the rules of evidence on your side which would prohibit hearsay(such as account statements, account agreement) from being admitted since those are documents from other companies. In arbitration, whether evidence is "admitted" is solely up to the arbitrator. Also since this is in district court, you get a do-over, since Arkansas provides for a de-novo appeal from the district court to circuit court. I would also advise to remove your cr.
  4. From what I have seen, its not uncommon(at least in AR) to "ask" for attorney fees in every motion or response. It's pointless considering attorney fees are only allowed by statute or court rule. Basically, you can't get attorney fees just for beating any motion.
  5. 1. Good job with the MTD. I would request a hearing on that ASAP. PRA is right they can amended it, but as it stands right now they are in violation of Rule 10. If they cant get the documentation by the hearing date, then they would be out of luck. 2. As @Clydesmom pointed out, technically what you are doing could be considered the unauthorized practice of law. I would make sure you friend is actually familiar with the arguments he presents to the Court.
  6. Does your state not allow service by newspaper(taking out an ad in a newspaper and providing the court with proof that it was published)?
  7. Your first step would be to file a motion to vacate the judgment under Rule 60. You would need to attach the affidavit of your uncle to that motion. I would also recommend contacting an attorney. If what you are saying is true there is possibly an FDCPA,AFDCPA, and ADTPA violation.
  8. 100% sure this will get reduced.But atleast PRA will have to go through the trouble of an appeal.
  9. Even if they provided every document requested, all of it is still hearsay, they wouldn't be able to use it for a MSJ or at trial, it wouldn't prove their case. Normally, I would recommend sending discovery so that you could show the court that they have nothing but unauthenticated, and hearsay evidence and no document purporting to show the sale of the individual alleged account making the case ripe for your own MSJ or MJOP. With a trial date being set, the point of discovery at this point is so that you aren't ambushed at trial with evidence you never knew about. You would request a list of all documents, and other evidence that they plan to use at trial, and a list of all witnesses they intend to call at trial. Could be different in your state, but generally they wouldn't be allowed to call witnesses not disclosed during discovery, nor use the documents that you specifically asked for. This would just be for good measure so you are not caught off guard, most, if not all of their evidence would be inadmissible anyways. Last word of advice, at trial, be sure your objections to their evidence are loud and clear. If they try to introduce documents from chase, object that it is unauthenticated hearsay, same goes for charge slips or credit card statements.
  10. Good job! From what you have described the judge was sympathetic to them, given that all they had to do was provide one document. If they didn't provide it then, chances are they simply don't have it. Me personally, I wouldn't entertain anything form them other than a flat out dismissal. Have you sent Midland any interrogatories or request for admissions?
  11. No worries. I'll send you one. also the Arkansas Rules of Civil Procedure can be found at: https://courts.arkansas.gov/rules-and-administrative-orders/rules-of-civil-procedure
  12. Regarding your answer: Typically, You would admit 1-3. I don't see those being up for debate.4 and 5, I would deny, as they mostly call for legal conclusions.The below would be more appropriate, if you are denying those:Defendant is without sufficient knowledge or information to form a belief as to the truth of the allegations contained in paragraph N of the Complaint, and, therefore denies the allegations. PRA is one of the most sloppy JDB here in Arkansas.Chances are they have violated the FDCPA somewhere. Just from glancing at the complaint, they are asking for attorney fees, and costs, which would not be provided by the alleged original agreement. If you are interested, I can recommend and attorney here in AR. Send me a pm. In the meantime, make sure your answer is filed on time.
  13. In my opinion, the original agreement is irrelevant from the alleged debtor's viewpoint..There isn't any point in having an in-depth analysis on how to get the agreements. If the JDB doesnt want to prove its assignment, then I would be happy to let them maintain that strategy. The burden of proof is upon the Plaintiff. Sticking strictly to the rules of evidence a Defendant would win every time: 1.) These agreements, from my experience, never reference an actual account # or the ss# of the alleged debtor. Even if the JDB was somehow able to get their agreement in the record as admissible, they have no proof they actually purchased your account. 2.) If the JDB is not the first assignee(ie a sale from JDB1 to JDB2), there needs to be a witness from JDB1 to authenticate the document and sale. Notwithstanding the fact that, again, the agreement never references a specific account #.
  14. I could be wrong, please feel free to correct me if so. Isn't the appropriate procedure for collecting against a debtors bank account(s), a writ of garnishment?
  15. A reply is the "Answer", which is filed with the clerk of the court.
  16. At all costs, make sure that you respond to the complaint. Otherwise the Plaintiff can get a default judgment against you.
  17. @JoshS Congrats! Generally, the Plaintiff has the absolute right to dismiss a case without prejudice anytime before trial. I believe that would be a Rule 41 dismissal. Since that right is absolute, there is not a way to get it dismissed without prejudice since a trial has not occurred. Whether they decide to refile is hard to predict. If the amount is not very significant I doubt they would though. I could be wrong, but in order for this to appear as a judgment(or negative) on your credit report, that would need a judgment from the court.
  18. @JoshS You should have a good shot at your MTC, keep your argument on that point simple and concise: The Plaintiff has alleged that it purchased the account You requested a copy of the bill of sale The Plaintiff provided an irrelevant document, that does not mention you, your social security #,or the account number.
  19. I know it won't help your current set of discovery, see below for example interrogatories.
  20. If the final order contains incorrect language, the proper procedure would be to file a "Motion to Amend Order" with the court, I believe that would fall under Rule 60 as you stated Just point out the following: 1. Defendant Raziel, did not sign, or agree to any Consent Judgment 2. Defendant Raziel, moves this court to amends its order To make things as easy as possible for the judge, I would also attach a revised order with your motion. If they actually try to enforce the judgment against you, that would certainly be an FDCPA violation.
  21. Since the JDB has their money(or a judgment to collect) I doubt they will do anything further. Does the docket reflect a final order?
  22.    Worked out good for you. Your ex must have a terrible lawyer though. At the very least her lawyer could have simply copied the pleadings and discovery motions that you had filed. Make sure the dismissal is WITH PREJUDICE.