debt_warrior

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Everything posted by debt_warrior

  1. Hello Anon Amos, I do have to thank you especially and that other masked Man, calawyer, for all of the valuable guidance in defeating these scumbags, but I am not looking for revenge at this point. I feel rather pumped up that I took them down and won the battle and the war too. Right now I am wanting to get my court costs paid back and I understand that there needs to be a notice of entry of dismissal entered before that can happen, so I am still collating information and we are not quite finished as yet. If a notice is not filed in the next few days, I am proceeding with the MC. [Minut
  2. Won my case against Midland Funding and waiting for the notice of entry of dismissal. Meanwhile I wanted to get feedback from this group on legal declarations. One of Midland ' legal Specialist sent Declaration in Lieu of Testimony averring [falsely and fraudulently] personal knowledge of the acts and events contained therein. Attorneys are listed on the cover page, however, only the legal Specialist signed the un-notarized document. Some wags have interpreted the legal specialists preparing the Declarations as an unlawful practice of law. I would be interested in getting the opinion from th
  3. Square Two Financial organizational and ownership structure. This org chart is from Securities and Exchange Commission filings. It is 2010 filing so it may be outdated. SQ2 has about 15-16 shells that they utilize, only recognize CACH and CACV as JDBs. This is FYI only. SquareTwo-Financial-Corporation-Organizational-Structure-12-31-2010.pdf
  4. It is a MINOR flaw, if any at all. And if you give it enough thought, there is recourse to a removal to Federal court. Read on for a real life experience, not just a textbook exposition... Small claims court is a special court where disputes are resolved quickly and inexpensively. In small claims court, the rules are simplified and the hearing is informal. Attorneys are generally not allowed. [check with your local court.] If your court, does not allow attorneys, then a suing plaintiff, gains an advantage when you debt collector or JDB defendant can not send in their hired gun attorneys.
  5. I agree 100% with the judge and this sentiment, however, the judge's primary responsibility is to the court and the canons of the law, not necessarily to justice. As Oliver Wendell Holmes, Jr., is famously quoted as saying, "This is a court of law, young man, not a court of justice." Who looks for justice, not the plaintiff, not the judge and certainly not the pro se defendant. And the bare fact is that there are not enough pro bono lawyers, non-profits or defense lawyers that would be able to outweigh in the long run the "impartial" judges and the plaintiff's bar. The defense bar is hardly
  6. Great point on the billing statements. Typically, you will see one or two monthly statements. It would be rare that you see, say, 9 months or 10, 11, 12 months of statements. And more often than not it is only one month, along with the electronic data printout. If you can dismantle the affidavit supporting the statement(s), then it follows they are inadmissible. One case I have seen (and I think they may be others on this board) where only the front of page 1 is offered as evidence and in 6-point print it reads, "See Reverse Side for Important Information." Based on the exemplars that I
  7. @debtzapper @BV80 @Anon Amos @browniebrownie141 @credit2011 @GinnyCoonrod It would be most helpful to have an outline of the proof issues encountered by the plaintiff in account stated causes of action and the strongest defenses that can be mobilized against the "proofs." My strategy is focused on (A) ownership of the debt and chain of title as a proxy for standing or real party in interest, and ( countering the faux affidavits and Affidavit in Lieu of Testimony (CCP 98 subpoena argument) as a two-pronged attack on the JDB case. My attention is also devoted to account stated, however, if
  8. You also have the right to sue a collector in a state or federal court within one year from the date the law was violated (some state laws allow more time). Many states have their own debt collection laws that are different from the federal Fair Debt Collection Practices Act. The FDCPA 15 U.S.C. § 1692k(a)(2) explicitly gives you the right to sue a debt collector, or to be precise, to sue a debt collection agency that violates provisions of the FDCPA. For each and every violation of FDCPA. Using an attorney is hassle free for you, but you can also sue in Small Claims court with a simpl
  9. You also have the right to sue a collector in a state or federal court within one year from the date the law was violated (some state laws allow more time). Many states have their own debt collection laws that are different from the federal Fair Debt Collection Practices Act. The FDCPA 15 U.S.C. § 1692k(a)(2) explicitly gives you the right to sue a debt collector, or to be precise, to sue a debt collection agency that violates provisions of the FDCPA. For each and every violation of FDCPA. The attached file has a list of Small Claims Court limits for the 50 States. (Check your state's webs
  10. It does not appear likely that a motion to vacate would be sustainable ? What State is this action filed in ? Please complete the Case Profile below. If you are inquiring about a lawsuit in which you are the defendant (ie you are being sued), you need to answer the following questions (as much as possible): 1. Who is the named plaintiff in the suit? 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) 3. How much are you being sued for? 4. Who is the original creditor? (if not the Plaintiff) 5. How do you know you are being sued? (Yo
  11. Note - This bill was introduced in the US Senate. Not sure if there is a companion bill in the House of Representatives as yet. It is a commendable effort, but at the rate both are approaching the infinity of dysfunction, no action to pass the bill is contemplated before the END of the century. If we are reading the bill correctly, it provides injunctive relief to plaintiffs as well as ATTORNEYS FEES!!! If someone could give me a quick sanity check [text of the bill is below], that would be much appreciated. Amendment to Fair Credit Reporting Act to Impact Debt Collection Bill focuses on
  12. @debtzapper @willingtocope Thanks for all the great info on lawyers, lawyering, law schools, etc., but I think we may be encroaching on the Midland thread. Perhaps we can ask the admin to move this to a separate thread. Willingtocope: Hon, can you move this law school conversation to a separate thread. I was already yelled at for asking a question! Best Regards.
  13. G-Your strategy and hard work is definitely paying off as demonstrated by the positive results you are experiencing. Midland's litigation strategy and that of other JDBs is predicated on account stated as it is the lowest standard of proof and, in many juristictions, trial court judges simply assume judgment in favor of the plaintiff. In other instances, defendants do not aggressively assert and argue their cases. Overall, the number of cases at the appellate level is very scarce so your strategy of utilizing the opinions at the appellate level makes eminent good sense. We applaud
  14. @BV80 In that regard, Pennsylvania is moving in the right direction. Theory of account stated for consumer credit card transations/accounts is a completely outmoded concept. This merchant-to-merchant theory may continue to apply to shopkeepers, merchants, businesses, etc. as in the days of the Medicis, Fuggers, Rothchilds, but it has no place in modern-day consumer credit transactions. Insofar as it is not one of the "big" issues of the day, of the century...it has yet to find an ABA proponent. California should do likewise.
  15. @ Anon Amos Can you elaborate on your point that it is "harder (meaning more difficult) for them (OC or JDB?) to prove account stated" in California than many people may think .... There is scant case law on account stated and the vast majority of it is inapposite in that the lawsuits are merchant-to-merchant vs merchant-to-consumer actions. You can go thru several years of law school and never encounter this theory of account stated. If you have time or interest, can you expand on your thoughts or cite some cases or references. See my comments below regarding Pennsylvania.
  16. I would also like to see your arguments and motions, as well as how your strategy played out. Everytime one of these JDBs go down in flames, it helps! Good job !
  17. Here's a reference to the Senate bill... Latest Action:05/13/2014 Read twice and referred to the Committee on Banking, Housing, and Urban Affairs. Bill Latest Title Relationships to H.R.2892 Relationships Identified by Latest Action S.2328 Fair Debt Collection Practices Technical Clarification Act of 2014 Related bill CRS 05/13/2014 Read twice and referred to the Committee on Banking, Housing, and Urban Affairs.
  18. This bill was introduced in the US House of Representatives and referred to committee. It looks like it is DOA for now, however, in all likelihood, someone will see fit to re-introduce it. There is also a similar bill introduced in the US Senate. Long story short, the debt collection bar wants legal immunity. Summary Fair Debt Collection Practices Technical Clarification Act of 2013 - Amends the Fair Debt Collection Practices Act to exclude from the definition of "debt collector" any law firm or licensed attorney: (1) serving, filing, or conveying formal legal pleadings, discovery reques
  19. Somehow I think you are very confused. I simply asked for a copy of a document. It is a simple yes or no request. I am not inserting any issues to the thread. Your comments are a complete distortion of my request. So, we should both get off the owner's thread with these non-germane comments, and let others focus on the case at hand.
  20. would it be possible for Midland to assert an "identity of interests" for Bureau’s Investment Group III and Bureau’s Investment Group Portfolio No 15 LLC ?
  21. @Clydesmom...If I am not mistaken GinnyCoonRod started this thread. And I am NOT hijacking it. I am here for the same reason as others...to learn, SHARE, seek advice, research and direction. As well, if I am not mistaken, this is a California case, so it may not totally relevant for a Michigander. Best Regards.