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CountryLady last won the day on May 9 2014

CountryLady had the most liked content!

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  1. I have received quite a few messages from people asking for an update to my updated update. LOL As part of the settlement I can not discuss it other than to say it has been settled. So sorry, all. On a different topic....I will offer to everyone some advice. Please, please, please stand tall whenever you truly feel you are in the right. In everything you do. Don't quit. Just don't quit. Even when you are told what you are doing is stupid or you will fail. I think of the end of a wonderful poem...it is how I live my life... "The race doesn't always go to the stronger or faster man. Sooner or later, the man who wins, is the man who thinks he can." I wish you all the very best.
  2. I do not confirm or deny anything. I just tell the truth. I suppose hypothetically, of course, the contact could be asking a specific question or offering friendly advice. Again, no accusations....just wondering if that might be a violation. Being a non-legal type, I would think better safe than sorry. File with any other violations and see where it goes. Just my two cents.
  3. Let's say the JDC is under a no contact order and he is on... say... this board watching the person they are trying to sue for an alleged debt. You know he has been watching and really, who cares? But say this lawyer responds to a post you made. Innocent enough? Pffffft. And you figure out who he is. This would seem to me to be a federal violation. Would his response have to be preceded with the standard "this is an attempt to collect a debt blah blah aren't I stupid" kinda thing? And not identifying himself as the attorney that has been told not to make contact....is that not another violation? Just curious. Thoughts??
  4. Thanks so much. Our counter goes to them today or tomorrow. I'm in no rush. All my filings are/were timely. It feels kinda good to be in the driver's seat. Thanks everyone for all your help.
  5. Which is why I am so vocal now. If I sign, posts will stop. I will just do one last post that says "settled". Til then, my attorney says yes indeed I can talk about all of it. I just hope my experience has helped at least one person in some way.
  6. UPDATE First off, wow, yáll are great to pipe in and add so much opinion and fact. Thank you. I have learned so much reading all the comments. My wanting to consider Class Action was to hurt them. But it seems I can do that anyway. They are in violation of Federal law... the FDCPA (did I get the initials right? I rarely do...it's a mental block). Regardless, they violated the court order to do this, not do that, etc. So class action isn't needed. They are red-flagged. I won't get anything, but I don't care. They need to be held accountable. Now, on to what has happened on my end. My attorney is fantastic! I am blown away. Monday I paid my deposit. Yesterday we met and she loves the case. Finds it "so interesting". She knows my financial situation and has taken it from hourly to contingent. They tried another game. And lost. They filed for dismissal and told the Judge we'd settled out of court. Pffft. I got my copy on Saturday. On Tuesday, I received another motion and a letter stating...oops, sorry, wrong letter. Said we didn't settle and filed for motion to dismiss for lack of me filing a counter-claim within the SOL. Thing is...I DID file one....with JAMS. I am the Plaintiff, they are the Defendants. So, Pam filed papers today objecting to the motion, providing a copy of the counter-suit, and a few other things. She faxed the paperwork to Johnson Mark. She said within 10 minutes their attorney was on the phone to speak with her. His opening statement/question.... "What do we need to do to make this go away? Yay, me! Tomorrow or Monday she will present our settlement demands; which includes them paying me for pain and suffering. If they want the confidential clause in there, it'll cost em a few thousand. Based on their conversations, it appears Asset is going to sign to make ME go away. Holy cow...know how good that feels? All this time, I just wanted them to go away and leave me alone. Nope. They wouldn't do it. Now they want ME to go away and leave them alone. Ain't Karma grand? I'll keep yáll posted.
  7. Thanks for the encouragement, Wins the Battle. You are right. And that's pretty much what she said. I'm so bull-headed and so passionate about hurting them I lose sight of everything except to not stop. And now that I think on it, maybe that's why she said it was okay to do the post here and tasked me with it....LOL...to keep me busy? I appreciate the responses, but it looks like it's another tree I had to bark up to get me to calm down a bit. Just so... frustrating. You know what's funny....initially, I just wanted them to stop it...to go away and leave me alone. Somewhere along the road I just got mad. Now I have to deal with wanting to make them pay til it hurts. Like someone said up above....money won't hurt them...they have too much. It's time for me to just relax and let her fix what she can and see how it all turns out. You know though...if everyone just got mad and attacked...refused to back down...(I know, I know...in a perfect world)... everyone working together COULD hurt them.... make them stop this insanity. (We can dream...) Thanks, everyone!
  8. Posting skills, interpreting skills...think everyone needs to work on those. I thank you for taking your time to respond. I believe we both know where this is NOT going. Enjoy what's left of the weekend! It's been a cold one here.....
  9. "I said it was highly unusual because reputable attorneys do not ask their clients to troll for other clients"" That was sorta not very nice. You don't even know my attorney.
  10. Hello everyone. Again, I want to thank everyone for all of the good advice and comments and support while I have been going through my fight with Asset Acceptance, LLC and Johnson Mark, LLC. I did go see an attorney and I am getting some help. Thanks again.
  11. Yet another update. I met with and hired an attorney today. And yes, it is confirmed...it is time-barred. All the violations I had listed are valid. She is sending them the letter acknowledging she is representing me and will be making demands and I guess you would call it a threat. She is in contact with the Feds and is starting the process of reporting/suing them. I'm so relieved to have it off my shoulders. It's gotten to be too much. They are playing games with thick files and verbose, unnecessary statements; purposely confusing me. She grinned reading their ridiculous so-called settlement. I will let everyone know what is happening. She seems to be very smart woman.
  12. *takes a deep Yes, it was determined the SOL in California is indeed 2 years. Yes, the judge agreed. JM argued that I now live in Oregon so Oregon law applies. Then he said Texas law applied. Then he said Utah law applied. Oregon has a borrowing law. The purchase was made in California, under California law, all bills were sent to California. Everytime I brought up the borrowing law/statute, whatever it is called, it was IGNORED. No comments by either the court-appointed arbitrator or the Judge. They just ignored my comment. I said it everytime. I kept bringing it up. The Judge requested JM present something that would enable him to determine SOL (this was done in court). The JM attorney said he would provide it. 5 days later I get a copy of a letter he sent to the Judge arguing that the SOL did not apply in this case and that it was under Texas law. I immediately went to the court and presented what I had to the clerk. She took it and placed it on the Judge's desk. It was simple fact. The clerk placed with it her research wherein she discovered the same thing. SOL in California was 2 years. She also presented whatever it was in California law that defined a written agreement. It was highlighted that there had to be a signature on the agreement for it to be a legal, binding contract. There was none because none was ever signed. This was NOT a credit card. This was NOT an open line of credit. There was a single phone call. I said what I wanted, it was sent to me. No confirmation, no contract to sign, no open-ended anything. This was a saving grace for me. Everything else I purchased for the computer was paid separately. I had a balance that I believe to date, I paid I was gifted a wonderful book by one of you on here (thank you so very much) about another individual that went up against AA and won. I followed that book....did what she did, didn't care what anyone said was legal or what they said the Judge may think or do. I just did it. I truly don't think luck had much to do with it. It has taken me a year of pain, sweat, tears, no-sleep, research, research, research, letters, phone calls, and a determination that I would not give up. Even if they win, I won't pay them a dime. They know this. I am disabled. I work part-time and can barely even buy food. And that is no exaggeration. I have given this my heart and soul. It just angers me to see what these people do to those that do not understand this stupid game they play. Asset Acceptance is nothing but a blood-sucking corporation that can't prove a dang thing on anyone. There are no records regarding my account. They have my name and 4 numbers that they say are the last 4 of my account number. Well, surprise...they are not accurate. Every notice the JM attorney sent me had a different amount due. Interest was different each time, lower, higher, amount of original debt changed with each letter they sent. The JM attorney said he was with the firm Johnson Mark LLC. Well, flippin' liar. He misrepresented himself. I called one day and he did not answer the phone, the JM receptionist did. She was ill, coughing, didn't feel well, so when I told her I needed to speak with this attorney, she was taking a bit too long. She finally apologized, said she sometimes had trouble finding the attorneys. I laughed and said something like, a big law firm - you have to expect that. She laughed and said she could not concentrate because she didn't feel well, but this jerk (my word, not hers) was not an employee of Johnson Mark, but worked for a collection firm in Oregon. I asked where she was, she said Utah. She said she had to go through the list to find who he was. Then she said, oh there he is..then said he was out of Oregon and if we were disconnected to call whatever the collection company was. I just about passed out. On all his forms he signs them as an attorney of JM. As well, I dug deeper and realized everything I got from JM had the same signature on it. Every dang one matched. This included letters for a secretary, a legal assistant and a paralegal. ALL of them were signed by this same attorney. In my paperwork to JAMS, they received all of it....every complaint I had. Every seemingly silly piece of evidence I could find. Every bit of research. I listed the process server as having lied under oath, as well. Her affidavit of service says she is now and has always been a resident of the State of Oregon. She was born and raised in California. And still lives there. She manages their California office. But seems somehow on the day she served me to have been able to serve me at 3:30 in the afternoon and reach the location of the Notary some 5 1/2 hours away before they closed their office at 5:00 pm to notarize that she had served me that day and time. The notary is her relative. He runs the Oregon office. And she forgot to scratch out the "State of California" on her affidavit (I can't spell that word worth anything). So I got curious. Who was this employee that said he knew about the business of AA and how did he know about my case specifically? So I called AA corporate. 30 minutes later it was confirmed the person did not exist nor had he/she ever been an employee of AA. Confirmed by HR. I have done my homework. I knew if I could push it into JAMS they would request settlement. They say I owe $1,100. They want $4,500 which they say includes attorneys fees, interest dating back to April 2010, and their miscellaneous expenses. But when the court-appointed arbitrator told them to write up the award so he could sign it, they had only stated in the arbitration that their expenses were something like $350 to date. Now they are faced with all the fees for the case but they still want me to pay what I have paid out of pocket...amounts the agreement the Judge said is valid states they must pay. Wow, I have written way too much. I won't be offended if you don't read it all. It's a lot. And quite frankly, it gives me a headache everytime I go through it again...the court-appointed arbitrator said it gave him a headache it was so complicated. The Judge said it was a hornet's nest. I think that's why he finally pushed it to JAMS. JAMS seems to want to help. They have been so nice in answering questions. It's all back to this that I have to do today...make my changes on their settlement request and see what happens. And I guess now that I have aired all this, does the confidentiality portion really matter? For settlement, I could probably just say "we settled". I'm not asking for money. I just want this dang thing over and I don't want them to be able to keep doing this to others. Maybe I should become an advocate....now there's a thought. Thank you so much for all the questions you've been asking. I need to see them. Even over this past week of response, I have learned so much again, in having to research to figure it all out. Headache and all, I would still love to hear your comments. And I thank you for them!!!!
  13. It was looked up. Your mention of the statute # is the first time I have seen the number. The definition was looked up by one of the clerks at the federal court. The definition she presented to the judge does indeed say that for a contract to be binding it MUST be signed. The judge agreed that the SOL for calif was/is 2 years. My #1 argument was that AA never has denied the account was time-barred.Their argument is that I now live in Oregon so it nullifies the Ca SOL...even tho it became time-barred while I was a full time resident of Calif. AA also tried to get it put under Utah law and Texas law. The judge said no to them as well. Oregon has a borrowing law. So Calif SOL applies anyway. It's all a moot point as they are ready to settle now anyway with prejudice. It's just a matter of what I will or will not sign and the FTC complaints I will file.
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