bluewraith

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About bluewraith

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    Indiana
  1. @BV80 @Anon Amos Just got back from the MSJ hearing. I lost. The judge accepted the cach affidavit and didn't consider any of my objections. Once he accepted their first affidavit I knew I was sunk. Oh well, at least it's all over. The judge did ask if I had any legal training though, because he sees a lot of Pro Se and said my filings were some of the best he had seen. Gotta feel good about that The rentalawyer they sent was pretty nervous when he was giving responses until the judge said the affidavit was fine. He seemed pretty intimidated by the questions I had raised in my opposition.
  2. @hot in az Well, a bit late to fix that. Oh well. It's already set for a hearing on the 1st. The only thing I know of witnesses is they are not going to be getting one from the OC.
  3. @BV80 @Anon Amos Here is the affidavit I'll be filing as well. I figured this would be a good point to take care of the discovery issue they presented. In the end, with the evidence and discovery attached, this will be 36 pages or so. "Active litigant" indeed! lol REDACTED OMSJ Affidavit.pdf
  4. @BV80 Heres the latest draft, and what I will more than likely be filing. I feel like there is something that I'm missing though.. I've read that I should file an affidavit with this, but I'm not fully sure on just what to include in that affidavit. REDACTED Opposition to MSJ.pdf
  5. @BV80 She mentions nothing specific, just "books and records of Plaintiff". I don't know what she would be trying to attach. Same with the OC affidavit. They only reference "the books and records" but never explain what those books and records are, nor directly mention a bill of sale, a schedule 1, nor billing statements.
  6. @BV80 @Anon Amos Ok I here is the latest draft. I'm hoping to have this finished and filed by Friday, but the sooner the better I would imagine. I think I have most of the issues covered in here, but I still need some help with the OC affidavit. I'm not sure how to bring up the issue that it was created after the lawsuit started, long after the sale that it is referring to. REDACTED Opposition to MSJ.pdf
  7. @BV80 @Anon Amos Heres what I have so far.. I've not made much progress past this point at all unfortunately. I'm starting to hit mental roadblocks on this stuff.
  8. @Robespierre From what I can tell on Doxpop, it sat around for a while before being tossed under TR41(E) in January. Midland filed a Motion to Dismiss with Predjudice. @BV80 @Anon Amos I spoke with a CA this week but he was no longer interested in the FDCPA case since they can claim Bonafide error even with a CoS and signed CMRR. Basically, he just wanted copies of the Discovery questions that I sent to CACH for his own use. He was also surprised that I got the SJ set aside. Hey, at least I got a free bottle of water out of the deal.. lol Still working on my OMSJ, and looking to other attorneys who are a bit more local to me.
  9. @BV80 @Anon Amos Filed my Motion to Vacate SJ this morning. Sometime this afternoon, the judge signed off on it set aside and set a hearing on the MSJ in a few weeks. They reserved 30 minutes on the schedule. Time to get busy!
  10. @BV80 Both Orders were signed at the same time, (Order on TR41E and MSJ), so that is what leads me to believe it. I don't blame him for trying to clear his calendar, but that's pretty shady considering I have been active in the case. They never filed a MTC, but their Statement of Undisputed Facts does state things that were either denied in Discovery, or objected to. Huh.. thats weird. The Summary Judgment and TR41E papers don't have a Filed stamp.. Not the copy I got from the court myself, nor the copy that they mailed to me. Both are signed and dated though
  11. No. They say nothing about discovery in it at all.
  12. No response again today, so I sent my lawyer an email to see if he was still interested in taking the FDCPA suit on contingency. He is, so hopefully I'll have an appointment with him this week sometime. This might be the start of a long friendship with him, ya never know. As for the Summary Judgment, @BV80 @Anon Amos What do you two think about my Motion to Vacate SJ posted above? It really seems like it needs to be longer, but then again its a pretty cut and dry issue. http://www.creditinfocenter.com/community/topic/323302-cach-vs-me-in-indiana/?p=1321798 If and when the courts vacate or set aside the SJ, will CACH have to refile the MSJ or should I still file my Opposition to MSJ along with the Motion to Vacate? I'd hate to give them all my ammo only for it to be turned around when they file a new MSJ.
  13. @BV80 No response from them today. I did receive copies of the Summary Judgment as well as the Order to keep the case on the docket (Re: the TR41E last week). If nothing changes Monday by close of business I'll be checking in with the CA and see what he thinks on the FDCPA suit. The attorneys themselves *are* debt collectors, so I don't think there will be any issue with getting a misrepresentation charge, especially since they didn't attempt to fix the violation. It also looks like I may be able to file a grievance with the Indiana Supreme Courts Disciplinary Commission over this as well. I bet that would give him the warm and fuzzies. lol http://www.in.gov/judiciary/discipline/2373.htm
  14. @BV80 I will be sure to bring up those points next time I speak to the consumer attorney. No matter what they do about the motion to set aside, they are still liable for the violation. Judicial Notice has been filed and serviced, and the letter has been faxed. Tomorrow should be interesting.