shillsuckingbloodcantsleep

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About shillsuckingbloodcantsleep

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  1. I am the defendant in a consumer credit case. I won't bore anyone with all the deets til now, but here's where I am currently at: I have been pro say in Suffolk County, NY, going on almost 2 years. I've had several compliance conferences. We have completed discovery, and both the attorney for plaintiff and I signed a stipulation of trial readiness and they were to have filed the NOI by today. They didn't file. My question is what to do. We have a pre-trial conference next month. So far, we have had 2 other stipulation agreements which were signed by both parties and filed with the clerk in the courtroom. Neither of these stipulations were upheld by the plaintiff's attorneys. I have still never seen the judge, and only saw (I don't even know his title, but he was the one running the show when those who wanted to see him got a chance to) that man once. It didn't phase him that neither stip had been followed, so it seems like they are arbitrary. In fact, he didn't have a copy of one of the stips, and neither did opposing counsel (because they send a new attorney every time who has no idea what is going on), so I provided it and he had it copied for the court and opposing counsel....Anyway, when I asked the clerk today when I called late in the aft to see if the NOI was filed, he said it was "theoretically" supposed to be filed, but they could say they were not done with discovery. I am very frustrated, as a pro se, who takes a lot of time to follow procedures, only to find out they are ethereal and no one must really abide by them. What can I do now? The date is the date, they signed off on being done with discovery. This particular law firm has sent (to date) FIVE attorneys to handle my case. Only one repeated 2 times. The last attorney, who seemed to have a heart (I am disabled and in process of filing bankruptcy, I have to wait another year to do so to have taxes that I can't pay discharged, and yes, I have to wait that long here in NY), this attorney of theirs advised me to get the case dismissed if they didn't abide by the NOI. But, knowing that their attorneys have lied to my face, lied to me over the phone, and failed to abide by either agreed to stip, I know they are going to try to pull some crap. Anyone in NY or familiar with NY Supreme Civil that could help me. I know CPLR 3216 seems to cover this, but like other things I have mentioned, it is very hard to navigate when you don't know what laws are followed and what laws are simply make-believe. Thanks in advance!
  2. check this out: http://www.pacode.com/secure/data/231/chapter400/s401.html
  3. I am not in PA, but considering your first correspondence/notice was from the court, that indicates to me that service was not properly executed. In NY, 3 attempts have to be made to reach you in person at your residence, and when that dictate cannot be met, they must affix the summons to your door and send you it in the mail. If you never got anything from P & P, make sure you look into the rules about how service must be effected in PA and raise that objection now or you will lose the option to later. They performed sewer service of me but I didn't realize I must raise that in a certain way, in a certain time, and I lost the chance to raise that objection.
  4. @BV80 good point...and in my case, it wasn't submitted at all (as far as I know), but merely given to me in the course of discovery.
  5. So they won a default judgment in 2012 or 2013? You are allowed to keep a car in most states, up to a certain value (in NY it is $4000). I don't think they'd take your car if you only owe them $2000 though. Cars are rarely taken in these instances, and if your car is worth more than the $2000 they are seeking to collect THEY will have to CUT YOU a check when they take it for fair market value above the $2000. I don't know if you are up for fighting the judgment, but a new decision (like 2 weeks new) specifically calling out the particular JDB in your case, is very much in your favor, having lost by default. I don't know the statutes (re. time to file), however, since you say you are just now getting information regarding the judgment, perhaps you could. What happened though--you never knew that they had bought your account--did you move? If you never received the complaint, you could argue that service was never properly executed. I'm attaching the article I mentioned. http://yournjattorneys.com/new-nj-appellate-case-vs-pressler-pressler/
  6. I don't think you can strike it unless it has been submitted--meaning submitted to the court. Just submitting it to you--I don't think you can. That is part of what I was asking to have validated earlier in this thread, no one has yet to chime in, but from what my research has shown it's necessary to at least have been submitted. @BV80 makes a good point though, about it being easier to strike when used in relation to an MSJ. I have no idea if you, for example, filed a motion to strike simply after it's been officially submitted to court, having that result in it not being stricken, would you later be able to have it stricken with regard to evidence in lieu of an MSJ? I don't know. Until someone else weighs in....I personally may want to save it in case an MSJ is filed, if one ever is. Then when one is not, use it in general, or in a motion prior to trial. Anyone else have a suggestion?
  7. This article is promising. NJ, from what I've seen on these boards, can be tough on defendants. Here, on March 5th the appellate court in NJ came down heavy on the side of defendants. The are cracking down on litigation that is started by JDBs who know they don't have the requisite proof to commence a suit, yet do it anyway. This is good news! Too many defaults which have been won without merit. Now the next move is to hit these shady JDBs with FINES--that is what will shut this unethical $ mill down! Read here for the deets: http://yournjattorneys.com/new-nj-appellate-case-vs-pressler-pressler/
  8. Also, find out the actual law that governs this in Oregon. Then you can use that as a search term (delineator), and find case law to back up the actual law.
  9. go to google, type in scholar. they will link it for you. then, you can go to where it says "select courts", and select the court you are in (in Oregon it appears there is only two courts, one supreme, i'm assuming you are in the supreme court.) use the delineators that apply. maybe switch up the delineators. in your case, examples would be "motion to strike", "affidavit", "hearsay", etc.
  10. I suggest you try using google scholar. Then, you can look up case law specific to Oregon. Also, you can do a plain google search for "motion to strike affidavit", and "Oregon". Have they sent you them yet though? From my understanding, they must be submitted into court I order for them to be objected to with a motion to strike.
  11. Well, seems like I've just done some pre-emptive work re. a strike. Motion to strike affidavit. However, it seems that since this affidavit was produced during discovery, and hasn't been filed with the court, that the time is not yet ripe to file a motion to strike.
  12. How would one go on record to say they take issue with the affidavit of an account where the person is the one designated by a JDB to say they affirm a debt is accurate? In general, from everything I've read so far, they are supposed to have "personal knowledge" of the debt. My rambling affidavit says the person has (not verbatim) "based on personal knowledge or review of the business records of VERYLARGEBANK". In other words, I am wondering how I Can go on record to essentially say :"wait a minute, is this from personal knowledge or from reviewing records", because if this is the person they would have go on stand, and it is not from personal knowledge (and I feel it safe for me to assume it is NOT from personal knowledge, but rather a review of records). BTW, this certification by the OC regards their agreement with DB#1, who actually only had my account for ONE MONTH before selling it to the JDB I am currently dealing with. Any info is greatly appreciated. Thanks!
  13. I may or may not have run into a little troll of a man today from a law firm that represents a JDB. Towards the end of our convo (shout out to you if you're reading this or your little office lackey found it and printed it for you), seeing that I had zero intention of resolving a case where they have failed at proving standing, the attorney said (not verbatim) "I know who you are....you're xxxxxx (an old account that I've since changed the name from)...on creditinfocenter.com....I know what you said about me (I did call him a lying scumbag, but let's be call a spade a spade, shall we?)....you know that's a public forum don't you? That's public information (gee, no I didn't I don't have a fancy law degree to tell me that the internet is a public forum, thanks for your elucidation)." He even had a print out of (I'm assuming as he trolled through his pile to find a printout of something) it. He sure looked pissed! Hey, once again, if you're reading this, I'm sure your parents are super happy their son became a lawyer! Sure, it's too bad you did so not to better society but to work for an unethical junk debt buyer whose only motivation is to line their pockets, regardless of whether what they are doing is ethical or even valid, but hey--mazel tov! Just thought I'd let folks know their writings here don't go unnoticed. Now, if only some of those lackeys he has trolling the net could have spent some time expediting paperwork that I requested over a year ago. Oh well!