presentispeace

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About presentispeace

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  1. Thanks you both for the time a patience to explain your thoughts to me, really does make sense all that you say. Of course you do not know all the details but still it seems to me very good points you make. I would not go forward as a plaintiff unless I had a confident attorney working and believing in the case. Also wanted to add this Alabama case which I think is interesting. https://www.google.com/url?sa=t&rct=j&q=&esrc=s&source=web&cd=6&cad=rja&uact=8&ved=0ahUKEwjp95SGz4vLAhWhsIMKHWviAjMQFghJMAU&url=http%3A%2F%2Fwww.alabamaconsumer.com%2F2014%2F01%2Ffcra-lawsuit-discover-bank-equifax-experian-transunion-related-collection-lawsuit%2F&usg=AFQjCNGsQ63p6svY1bgz5R1hkRE4l4NWmA&sig2=8FSwUy3XtUi-ac9-gm73tg This in a way sums up a lot of what I went through minus the FCRA claims.
  2. Maybe it does and maybe it does not kill any case I think I have, The law is still the law, I simply added the cost sanctions to improve my case, not as a counter claim. If they are aware or not is up to them when they sue a consumer and try to separate this consumer from their funds using the legal system. If they are not aware and filed then that is bad practice or mal practice, any lawyer who does this should be sanctioned for costs to the person they sue for wasting resources and time. If they are aware of the law that they need to have supporting documents and know that they do not have them which is what most of these cases are - unsupported- we can only know how unsupported they are when we push them to task and place the burden of proof on them. Weather I had a Discover card or not is not the issue - they say i had a Discover card then prove it. If they come to court unprepared, then they should not have filed the complaint in the first place and should be sanction for costs to the defendant and wasting the courts time. There is no basic fact i was give credit. plus what about proving terms -- a plaintiff would need a contract to do that. many folk owe me money, i don't sue them, why because i do not have papers to prove it. He is a debt collector because it says so on his letter head and he is trying to collect a debt, I do not remember any dunning letter. lawyers who work to collect debts for original creditors are considered debt collectors under the FDCPA.
  3. Yes judge declined to award FDCPA and also local rules for sanctions. I purposely did not respond in my answer with a counter claim so that branch could be left to a legal expert as they can collect legal fees where I as a pro se can not and would be more likely to get a settlement. this is what i am looking to do now.
  4. contracts are required when that is the cause of action in the complaint, I motioned to preclude at trial or dismiss the complaint altogether which started the downfall of the lawsuit. Why should a defendant have to compel. Asking for discovery was enough, if plaintiff cant provide papers they claim they have in an unsigned complaint and expect to separate a consumer from life liberty and property they need to prove it. the affient from DPI swears to have knowledge of the document and says it is true, how can this be so when the index # of the case in incorrect, but I get what you are saying, it is a clerical error, but it is still important like they are suing for a balance of a debt, all the information and balance totals can not be off by any amount or the alligations are false. so by that theory everything on the document must be scrutinized and make sense, if it does not the case closed. might call a technicality. on this maybe not FDCPA violations but still violates local rules as demonstrated above. also falls under the act of frivolous which should be punished. overall you make great points and i get it. Glad to be tossing this around, although Discover Bank can be beat in court, against popular belief, when they are not they are winning against laws that are put in place and rarely challenged.
  5. Their claim of a signed contract without providing it is not a violation. Did you motion to compel the provision of a signed contract? here are the rules in new york, I did not motion to compel as I am the defendant and its up to plaintiff to prove his / her case I did however mention it on the record many times and the rule is that once the lawyer is put on notice he / she is supposed to amend Rules - N.Y. State Courts - Unified Court System https://www.google.com/url?sa=t&rct=j&q=&esrc=s&source=web&cd=1&cad=rja&uact=8&ved=0ahUKEwipjfTDj4fLAhWIFj4KHXtLAkAQFggcMAA&url=https%3A%2F%2Fwww.nycourts.gov%2Frules%2Fchiefadmin%2F130.shtml&usg=AFQjCNGlBl-Lh6-mV3AyEGSwK0MBcI19jw Affidavit: The wrong index number could be a clerical and is not a violation---- not if the 'litigation specialist' is 'aware of the case' Was the affidavit signed by a representative of Discover Bank? -- from Discover Products Inc which is an affiliate -- not the Bank itself Complaint: Are complaints required to be signed? Yes as can be seen by the rules, I think most courts require complaints be signed, is shows that the case was reviewed. What would be a "proper inquiry" and can you prove one was not made? ---proper inquiry would have the signed contract on hand to prove the case before action is brought, and the witness from the Discover bank, not DPI as Discover Bank is the plaintiff on the caption not DPI Letterhead: How would an expired debt collector's license number on a letterhead be an FDCPA violation? Not all false statements are actionable under the FDCPA. Which section of the FDCPA would you apply to any false statements? ---- *Deceptive*- I understand maybe is hard to convince a judge but deception is the reason for FDCPA as I understand it. I am far from an expert on this even though I learned a lot, that is why I seek the expert Thank you.
  6. Thanks Stick and everyone else. I have seen cases similar to mine where certain judges in my local area do pass money sanctions on debt collectors and that lawyers are eager to take on these cases because they are easy to win or settle and the lawyer will collect fees too. This is why I am throwing my case into the arena. I understand the pushback also.
  7. saying they had a signed contract to start the action which they never provided, saying I never denied the debt, which I am on record doing. robo signed affidavit with wrong index # unsigned complaint starting the action with out proper inquiry to support facts letterhead with expired debt collectors license
  8. Debt collection attorneys for original creditors are considered debt collectors under FDCPA plus maybe they bought the debt from Discover Bank, I tried to get answers on that but of course this lawyer was so evasive he never even answered my discovery. I won the case with a sanctions motion which struck the complaint but the robe denied compensation for rule and FDCPA violations. Many false statements in the lawsuit took place and a lot of deception is recorded this is part of the reason plus the lawsuit being frivolous by not having the proof needed before filing the action.
  9. Wow that looks like really good information that I have not seen yet, many thanks for that !! I have become exhausted from the fight and want a professional to join me on this quest now or take the reins on contingency. I think I have a very interesting case, how it was fought, the methods I used, and also noticed Discover Bank is not often challenged, hence their arrogance.
  10. Thank you for your reply CCRP626 I did contact just about every attorney in NACA in my local area to help me with this case whilst I was fighting Discover Bank sadly I was not impressed with any of the answers these attorneys gave me and their positions on my case and their fees. I also see that most of them advertise that they list violations such as abusive language and calling during wrong hours and such before a lawsuit is started. My case involves legal violations of rules of law and frivolous behavior during a long drawn out lawsuit which I reiterate was dismissed with prejudice finally. I will try NACA again though, also I will add that this site helped me a lot in my intense struggle which devoured precious time much, family relationships, and lost income. Many thanks.
  11. Hi, I recently had an almost 3 year battle with Discover Bank dismissed with prejudice, I am looking perhaps for an attorney to bring FDCPA and other actions as there were many violations. Thank you.