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About RandomHero

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  1. So one update. I called their attorney about their settlement offer a couple weeks ago. After reviewing all the evidence they sent and with them saying they didn't have any more evidence to submit, I decided I was going to roll the dice and go through with the trial. When I called the attorney she had no idea who I was, and needed me to give her the case number to look it up (understandable since I'm sure she sends dozens of settlement letters a day). She finally pulled it up and asked if I agreed to the settlement and told me she'd send me papers to sign. I then told her it was just a courtes
  2. Hi everyone! Back for a fun update. So trial is officially set for the 29th. I haven't received anything as far as a new name for the witness they claimed they would bring. Do they need to give me a specific name before trial? All they've said this far is it could be this guy, then this girl, or this other guy. More interesting. I got a letter from their lawyer saying their client has agreed to offer a settlement amount of about half what they're suing for, and allow monthly payments of that amount. It says to call to agree or to counter offer. What should I do with this? Is
  3. @CCRP626 This all sounds right. The motion to dismiss awhile back mentioned lack of evidence and was denied because of improper procedure and because they at least had a viable complaint. According to everything, this debt defaulted in 07. The only thing saying otherwise is a paper on cavalry letterhead saying it defaulted in 2010 and that a partial payment was made in 2010. However asking for proof of all this whether through letters or through actual discovery was met with silence and in discovery met with objections. At the discovery hearing the lawyer said they got confused and hande
  4. Got through pretrial. My verbal motion to dismiss was denied because the opposing lawyer said that was something that needed to be left for trial. They did however say that they have no further evidence that cavalry was willing to submit, so further discovery would be useless. I made sure to have that noted that no more witnesses or evidence will be allowed. Looks like it's going to trial. I mentioned it being time barred and I don't think the judge really cared if it was until it goes to trial. But maybe I should write another MSJ based on the statute of limitations alone like you've sa
  5. Also is there an explanation on why they're changing lawyers? Same firm. Just different lawyers. Oh and it's a new judge this time around too. So maybe a MTD will stick?
  6. @CCRP626 there was no order. She just said it and said they had until the 10th. If I disagreed with their discovery to write them a letter saying why. And that a new pre-trial date would be set up. There was no written order. :/ Do I need to write up a motion to dismiss for the pre-trial or can I do it verbally tomorrow?
  7. Also. Is it possible at this point to still push that I want their evidence thrown out because it's incomplete? Or is that something I wait for trial to ask?
  8. @CCRP626 @BV80 hello again! Sorry for the lack of updates. It's been a busy couple of months. The 10th has come and gone with no further response from cavalry. I sent the good faith letter as requested by the judge that they answer my discovery and why I objected to their objections. My letter basically stated that every one of their answers was an objection based on it being burdensome or asking for documents that weren't within their possession. And why these were valid requests to build my defense. In their full discovery response (where everything was objected to) they listed a new p
  9. @CCRP626 when we left the judge had said they needed to get me my discovery by the 10th. Though I'm not sure it was an order to compel or just a request type of thing. The lawyer played dumb and went for sympathy. Then handed me the part of discovery that was 100% objected. Then she said there would be another pre-trial hearing? Maybe because we postponed the trial? @BV80 So they may not require it at first unless I stress my objection to it? Is it possible to object to it now or should I wait until trial? Their objection to my date of last payment said it was burdensome and not within t
  10. @kraftykrab I think in that one I asked for a full payment history on the account. Including that mystery payment no one made in 2013. I also asked for an affidavit from someone from the OC, and for the full transfer agreements showing the account in question. It was literally all objections. Every last one. One of their objections said they couldn't provide some evidence because it wasn't in their possession. The only documents they actually produced are ones I've already seen I know they don't have to show literally everything. But don't they at least need to produce the full tr
  11. @BV80 @CCRP626 So update from today. Got in front of the judge and she was basically just going through everyone as fast as possible. We got up there and the opposing attorney said his clients got 'confused' with the mix of discovery and my motions to dismiss. So he said they're working on the interrogatories but they had the production of documents. He gave me a copy of them and said the originals would arrive soon (since he mailed them yesterday. Conveniently the day before trial.) The judge then told him he had until the 10th of June to finish. And if I had any objections to let him and the
  12. @BV80 @CCRP626 I think first Marblehead is the company that owned Union federal. Or owned them after Union federal went under. I think I'm overthinking tomorrow. It's not a trial, just a hearing about discovery and to set a new trial date. I'm also worried that if I put too many cards on the table that they'll realize they need to find the attached accounts and will include them. What can I do to prevent that? Also, the date is absolutely whited out. As far as signatures go too you should've seen the original affidavit signature. Just circles. Haha. How do I ask for the best eviden
  13. @CCRP626 that's the document that also has the specific case about another private student loan from Union federal. In their case it showed that not having the entire transfer agreement made it inadmissible. Which is what I'm going for. For the broken chain. In the transfer agreements I uploaded, where do you see the break? I've looked at them hundreds of times now and I thought I saw it go from Union federal, to usfb-spv, to citi, then to cavalry. All mentioning accounts that were never listed. But you said you saw a break in the chain. Where is that? I must be reading it wrong because
  14. I worded it wrong. The header says American education services skip tracing due diligence report. It mentions usfb private loan as the loan owner.
  15. @BV80 So what about the transfer from ufsb to usfb-spv? Is that considered a transfer or not really because it's within the same company? the account statement looks like it's from usfb. Although they're only listed as the loan originator, not in the header. No mention of citi anywhere on them. Would the delinquency date on those be my sol date?