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Everything posted by Lostboy38

  1. I have a feeling this debt is personal with the lawyer that sent the letter. She won a default judgment against my spouse 3 years ago. My spouse is judgment proof, has no job, no income of any kind, no prospect for work and owns nothing of value, this lawyer has been trying to take money from my Checking & Savings accounts, put a lean on my home and has tried for the last two yeas to take our state tax money. I recently wrote the lawyer a letter making a settlement offer. She responded with this notice of debt. I'm kind of taking it personal myself too. Thanks for the guidance. I will change my response accordingly. (Which, by the looks of it will be very simple to do.)
  2. I actually got the letter from a program called Turbo Score, lol. You put in the pertinent information and it processes a letter for you, Guess I better start over. "I dispute the alleged debt and demand validation." is simple and to the point. Sometimes simple is better.
  3. Yes the judge dismissed it but without prejudice unfortunately. Do I have to specifically have to say I'm not paying it or can I just state that it's not my debt? I send everything CRRR. (Even letters to my mom. lol)
  4. I just received a letter here in MI again. This time it's from a Lawyer in Novi. Along with every new letter comes dozens of new questions. I was thinking I had a handle on this JDBing thing but there I go thinking again. (When will I ever learn?) The letter states that SYNCHRONY BANK owns the debt now. Here's my confusion, GE Capital owned it (OC), someone else owned it from TX, PRA owned it, btw:PRA took me to court and lost, now I get a letter saying that Synchrony Bank owns it. Well, needless to say, I'm confused. The letter was sent by a Lawyer, this is not a summon & complaint from the courts, just a letter telling me I owe them money. And just a letter too. OC is noted - Amount is noted - New owner is noted. All the pertinent information has been included. I've written a letter back requesting validation, proof of license to do business in MI and Proper Chain of Title. I'm hoping the strongly worded response letter shows them that I'm a fighter when it comes to JDBs. Maybe I can scare them off. If anyone has any other recommendations for me, let me know, I will be sending the letter out Monday the 21st.
  5. I have looked up the Hearsay stuff and what they have is completely hearsay. I have requested in my rogs how the plaintiff calculated the SOL has or has not been pasted. I am going to resubmit my response to the Summons & Complaint, dropping the lost earnings but I would like to include something about the Sanctions that the court could impose on the plaintiff for a frivolous suit. Any suggestions on how I should proceed with that? I would love to be able to get the Judge to stick it to the Attorney and the JDB by imposing some sort of "massive" sanction on them. Someone needs to send a message to the JDBs and the Outhouse Lawyers that enough is enough. Had they even research a little they would have found out this particular suit they filed is on an Zombie Debt, that the debt is actually from ID theft and they have already had to withdraw a suit against me before for these reasons. I'm tired of this happening to good people, the poor 70+yo woman that they scared into agreeing with them Wed made me want to puke.
  6. BTW: I'm mailing out all my requests today, the pre-trial was yesterday and I want all the time I can get to Compel discovery and make them spend more money trying to collect this Zombie debt.
  7. That would make me happy, is there any special way to request the courts to sanction them, a motion or something?
  8. I've spent hours trying to find the Ruling about Business Records as Hearsay ruling but can't find it. I know I read someplace that the courts ruled that business records from one place can't be admitted without someone to testify about them. I just can't find the case law on it. Please help someone.
  9. I know that but what if they fail to show up for trial, can it be awarded in that case? If I didn't show up, they would win everything, so it goes to reason that if they didn't show, shouldn't I win? Or is this another instance of "They can but I can't"?
  10. Ok, I guess I'll let that one slide. I'm looking for some good Interrogatories to ask and admissions too. I'm finding a few but could use some suggestions, if available.
  11. On another note at the Pre-trial, the Attorney was there for another case against a 70 yo woman that didn't have a clue what was going on. She had 2 daughters with her that they didn't let go into the judge's chamber with her. The sleazoid atty made some sort of under the table deal with her even though she probably didn't owe the debt. I couldn't get to her before she went in. This crap really pisses me off.
  12. Pre-trial went as expected. I have 21 days to modify my response, 60 days for rogs, docs and admits. The "stand-in" lawyer remembered me from before and even he is wondering what is going on with this lawsuit. Counter suit is still alive. I don't know if it will go anywhere but I'll be trying. I'm going to amend the counter suit to include the $700 I lost today by having to refuse work in order to be at this Pre-trial. With respects to the phone call received by the Attorney's Collection department last night, is this the FDCPA section I should quote when filing my complaint? And yes a Cease & Desist letter was mailed in Jan 2014 in regards to this debt. § 805. Communication in connection with debt collection [15 USC 1692c] © CEASING COMMUNICATION. If a consumer notifies a debt collector in writing that the consumer refuses to pay a debt or that the consumer wishes the debt collector to cease further communication with the consumer, the debt collector shall not communicate further with the consumer with respect to such debt, except -- Can I somehow include this in my counter-claim?
  13. I am off to my Pre-trial, the Attorney's collection agency called my wife yesterday afternoon, why? I have no idea. I returned their call as they did not leave a message with her. I reminded them they had a C&D letter that they signed for. My wife suggested that they were only fishing to find out if I planned on being at the Pre-trial today. I probably should not have called them back. I plan on bringing up the SOL, their Lack of Standing and the fact they have produced no evidence in regards to this alleged account. I'll report back later what the out come is. Thank you all for your suggestions and support.
  14. I think these lawyers don't communicate with one another, it's an office of more than 12 asses, in the last case I received letters from different asses each time, when the case was dismissed, I received 6 letters from 6 different asses telling me that the case had been dismissed. asses = associates. I do not believe any of them know that the other is doing at any time. This is why I am losing patience with them. I have been reviewing court dockets across the state and have found that Midland Funding, LVNV, Portfolio Recovery and a few other JDBs have filed and default won over 3 million dollars in suits across the state. This is wrong and someone should put a stop to it. I don't just want to win this case, I want to be able to go after them somehow. The FCDPA was a good start but $1000 is peanuts to these people. $10,000 per item, not individual cases, should be awarded to teach these JDBs some sort of a lesson.
  15. I guess I knew that but you can't blame a guy for dreaming. I'm just getting so tired of this Lawyer being a pain in the butt. He knows it's ID theft, he found that out the last time is tried to sue me. I'm sure the Judge knows what's going on too. This Outhouse Lawyer is just trying to get a default judgment. The pre-trial is set for the middle of July. Do I get to voice my opinion at this pre-trial or do I just get to listen to the Judge about the instructions?
  16. I want to have everything ready for the Pre-trial, I want to be able to get instructions from the Judge and then hand the Discoveries, Interrogatories and Admissions over to the Plaintiff's Lawyer while we're sitting at the Judge's desk.
  17. We're not even to that point yet. We're just scheduled for the Pre-Trial. Can/Should I send a Discovery request?
  18. My pre-trial date is the 16th, should I create a MSD because all they sent me was a single monthly statement from may 2011? That is all that was attached to the Summons and complaint.
  19. OMG!!! As I'm typing here looking for assistance, I get a credit alert that something is going on with my credit report. I have to call them and stop whatever is being attempted.
  20. I have attempted to file the police report several times but because the age of the ID theft is so old the police can't/won't make time to take the report, saying it's a waste of time. Excellent suggestion, I will certainly include this in my request.
  21. I filed a counterclaim mostly to open the eyes of the lawyer filing the suit, I have won against them before (with the help of this great web site), I want them to know they are not going to get a default judgment. A judge advised I counterclaim for my losses including wages.
  22. According to my last credit report (before it was deleted) the HD claims a payment was made in 09/10, I am l searching through my bank records trying to locate any proof of these payments. Unfortunately, this is a daunting task because of the age of this alleged account. Up until last year I would "purge" my files every 3 years. Now I know better, I'm keeping this crap for 10 years.
  23. It was recommended by a lawyer, he suggested that I keep the amount open and adjustable for future costs. I am actually issuing a counter claim for lost wages and defense costs. "I" never used the account again, someone else used the account without my knowledge. Yes the statements are from HD. Did I mention that I put a fraud alert on my credit report and initiated an investigation into 7 items that I knew nothing about recorded on it. 4 of the 7 were quickly removed, 1 I had to request further verification and the other 2 are still under investigation. One of the ones quickly removed was the HD account. I have filed the counterclaim with my response. My counterclaim is only for my losses caused by the filing of this suit, as far as the FDCPA violations go, I will leave that to an attorney. I should be able to turn this over to an attorney after the pre-trial and trial, correct? Or should I be doing that asap?