RandomHero

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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 courtesy call to let her know I had no interest in settlement since they refused to give me any of the discovery and documents I asked for as proof they had standing to sue on this. Then she said she was authorized to offer a $5000 settlement amount again to be paid at $200 a month. Although tempting since this would've been only a quarter of the debt, I politely responded again that there was no settlement to be made as Cavalry has failed time and time again to show me that they legally own my debt. She thanked me for calling to let her know and we hung up. A week ago I received a call from her again saying they would be willing to settle for a lump sum of $2,000 to recoup expenses spent on preparing for the trial. The trial she said that I had dragged out over the past year. Now, $2000 would be 10% of what they wanted and very very appealing to have it all be over. But for her to effectively blame me that I dragged something out pissed me off to be honest. I wasn't trying to drag anything out, I was trying to fight it and it was an inconvenience to them for something they wanted me to default on. So again I apologized and told her that I had zero interest in settling or in helping Cavalry 'recoup' the cost they spent on their 'resources,' and pointed out that Cavalry's cost in this was not my burden to bear,similar to how the proof of them owning this debt wasn't mine to bear. That I've asked for the full bill of sale, the original contract, and proof of that mystery partial payment and they've failed to produce anything of any value for me to even consider a settlement to a debt collection agency. And that it's clearly an issue that a judge needs to decide on at this point. I feel more confident than ever going into trial now. I feel like there's no way they're going to have a witness at this point and that they have no 'smoking gun' they can show at trial as they've already told the judge they have no further evidence. So trial is set we'all see how it goes and hopefully I didn't piss them off too much to make them really fight. But I think them wanting to settle so badly shows their cards in a way that they don't think they'll win this I'll keep everyone posted. But seriously, thank you to everyone who's continued to help me with this even though I was essentially asking for the same advice/reassurance over and over again. You guys are all awesome
  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 this a sign of weakness on their end, or just a good faith effort? If I could get them to settle for even less, it may be tempting just to avoid trial. But do they maybe think they don't have a strong enough case to win so now they're extending the olive branch? They've offered no form of settlement up until this. Also, if I call the lawyer and counter offer, is that me essentially accepting responsibility for this debt and will ruin my chances of winning? Thanks everyone! Hope you've been well! @CCRP626 @fisthardcheese @BV80 @kraftykrab
  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 handed me discovery then. When I pointed out to the judge right there saying it was all objections saying it was burdensome or wouldn't lead to admissible evidence and that those objections per the rules are counted as failure to answer, the judge told me to write them a letter of good faith explaining why I needed these answers. My letter was never answered. So they've yet to show me a union federal default date. And union federal is no where to be found in my bank records or my credit report. That said, the judge today didn't seem to care they hadn't answered. The lawyer said what I had was all the evidence cavalry was willing to give. How is that fair that I have nothing to build a defense with though? She made mention that there was no 26g motion filed from me. To which I told her the previous judge told me to only send them a letter of good faith to get my answers and if I didn't we'd cover it at pretrial. Should my MTD be based on rule 37 then? Or sol? The attorney today said evidence needed to be gone over at trial and dismissing now wouldn't be proper procedure. Which I get. But dismissing based on time barred or rule 37 should still be an option. I've played by all the rules, they're the lawyers and keep getting away with it because they're 'confused' and cavalry is 'confused'. But yes. You've got the base of it correct. So, another MSJ or MTD based on rule 37 and SOL? Send them more discovery? Or just wait for my court date and hope the witness doesn't show? Would the witness be damning? One silver lining is that they said cavalry has no further evidence. Which means they're going to court with the incomplete, whited out transfer agreements with none of my info on them. And case law you guys have given me should be enough that if I cite them at trial, the judge should have to agree they don't have enough evidence?
  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 said. One last try. Another pretrial before me was also for cavalry and cavalry had withdrawn the suit. No such luck with mine though. They said they needed a 30 day notice to fly in cavalry's witness. What are the odds of them actually doing that?
  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 person as a witness that wasn't the same person they put in their evidence and witness list. My letter gave them an additional week to respond and I got nothing. I did get a notice from the court that another pre-trial hearing is scheduled for tomorrow. So I'm trying to take the time to update you all. I got a letter from cavalry's attorney over the weekend saying the original attorney has withdrawn and a new attorney is now representing the case. Why would they switch attorneys? The former one has other pre-trials in the same room tomorrow, so it's not like he won't be there. So im going to pre-trial tomorrow asking to dismiss again based on lack of evidence and lack of willingness on their end to answer discovery. All they keep doing is stalling, switching witnesses, and now switching my attorneys. What other reasons should I back up my request for dismissal on? What should I be expecting at the pre-trial tomorrow? Them saying they got confused yet again? Can I bring it to the judges attention that at this point they're wasting everyone's time as this is the third pre-trial we've had and I still don't have any of the discovery I've asked for even after filing a motion to compel? Or are their objections enough to be considered answers even though it didn't give me any of the documents I've asked for? I've specifically asked for documentation showing the last payment they claim was made, and a complete list of all the sales of the account and they haven't given me anything. At this point even if it goes all the way to trial I'm fairly confident what they have shown isn't enough for a win. And if they had the full transfer agreement (which is basically all they need to make it a win for them) they would have sent it. How do I ask the judge to at least make it so they can't introduce anymore evidence into the case? If they're not answering my requests, they shouldn't be allowed to submit anything else. Since they've said they don't have it or it's too much trouble to get it. I feel like they're just going to play dumb again tomorrow. And I know in the rules that @CCRP626 pointed out about discovery, if they don't answer I can ask that they can't submit further evidence. What confuses me is did the judge grant my motion to compel? Or simply give them more time since they played dumb? Do I need another motion to compel? What happens at the pre-trial? This is the third and each time cavalry just says they got confused. Thanks again guys!
  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 their custody to obtain that. Well then why did their statement say it in the first place? Also overheard my lawyer and a lawyer there representing midland funding. Joking about how easy it was to just write up a bunch of 'bullshit and most of the time they'll choose the least damning one' with debt collection. So that was cool to hear that they even know their full of it.
  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 transfer agreements that show my account was bought by them to win? Oh. And they're now referring to themselves as assignee of the OC. Instead of just Cavalry like they've been saying. This was supposed to be my motion to compel and reschedule hearing. But how do I object to their objections to show all they're doing is ignoring every single requests. It kind of pissed me off the judge so easily accepted the 'we got confused' excuse. And then when I showed the judge all they'd done was object to everything and not produce any new documents, she told me to file it with them and with the court. But I don't know how to do that. Here's a page of examples from them.
  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 court know. Well the poets he handed me are all ones I've already seen. Nothing that I actually requested. No proof of that 2013 payment, nothing from ufsb or citi. Just the same incomplete chain of custody forms. On everything I didn't get an answer to, they objected mostly with the same answer. One objection was to my request for documents or anything they had from the OC, and they said they can't speak for the OC.. Ill upload the objections soon but is it pretty normal for them to object to everything? Do I write back as to why each of my requests were valid?
  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 evidence rule? That means that the full original document needs to be there to be evidence, right? Even if they have a statement saying ufsb as the original holder, they need Citi's records too? Not just usfb and cavalry's?
  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 that would be invaluable to point out tomorrow!
  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?