upcycleliving

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  1. Many years ago in a lawsuit I tried evading service. Worked for about 2 years, eventually they got the court to agree to service by publication at which point I responded to the lawsuit. This last time I got sued I went to the court to answer the lawsuit without even waiting to get served.
  2. First of all when I was "guessing" I was talking about the business model not the law. Portfolio Recovery, Calvary, and whatever other JDB probably has attorney's in all 50 states so it's easier for them to get a judgment in the state you live in then get an out of state judgment and then have to file it in a sister state's courts. I just looked up 15 U.S. Code § 1692 of the FDCPA and it says a debt collector can sue you only in the judicial district where you signed the contract underlying the debt or where you reside or where the real property securing the debt is located. This sounds to me like if you sign up for a credit card in North Dakota, max it out and stop making payments, and you move to Florida. They can sue you in either Florida and North Dakota. As far as their business model, an attorney in North Dakota does not want to spend a bunch of their time trying to collect in Florida. They aren't setup to collect in Florida. The more time they spend on this case the less profit they make so it makes a lot more sense for the JDB to farm the case out to a debt collection firm in Florida than North Dakota. That's all I was getting at.
  3. In almost every jurisdiction, if the contract was entered in location A and then you moved to location B, they can sue you in location A. “They can argue that the defendant personally avoided themselves of the laws and protections of said state” On top of that if they can prove that you lived in that state, they could argue that you meet the minimum contacts in that state. I’ve been a party to an out of state lawsuit before. My guess is that they usually sue you in the county you currently live in simply because they have attorneys under contract in all 50 states, they win 99.999% of these cases without doing any work, and if they beat you in a state you do not currently live in then it’s a complete pain in the a$$ for that attorney. if you lived in Georgia when you defaulted or entered into the agreement and then moved to say Utah. An attorney in Georgia could sue you in Georgia, get a default judgment, domesticate it into a Utah judgment, and then go through the Utah courts to garnish your wages and levy your bank. I’m guessing it’s a lot cheaper and less of a hassle to just send the case to one of their Utah attorneys and just get the judgment in Utah without having to go through all those unnecessary steps. These JDB’s want to do as little work as possible. I would imagine it’s a little bit of a pain in the a$$ for them to collect if you start moving after they get a judgment, not that they couldn’t enforce it if they tried.
  4. LOL. I probably would have fucked with him and said "I offered them 20 bucks and they turned me down". I fucked with this guy who called me claiming they were going to serve me with a lawsuit on behalf of Wells Fargo for $1,800. I had a Wells Fargo bank account many years ago but I don't remember ever owing them nearly that much. I vaguely remember emptying out a Wells Fargo account instead of closing (thinking if I needed another bank account the bank account would be available) and then a few years later finding out that they were now charging me $10 a month to maintain this account that had a $0 balance and then being told I owe around $100 and I ripped a letter but this supposed $600 debt that was now $1,800 after "Treble Damages". This supposed debt was from 2010 also, well past the statute of limitations. I asked the guy pestering me on the phone for a $2,000 loan and he said "have a good day sir, see you in court". Interestingly it's been a year since this phone call and I have yet to receive a summons and I can't find any record of this supposed lawsuit on any court website.
  5. OP has logged in today but not commented on the case. I wonder if Crown is dropping the case in exchange for OP signing a NDA.
  6. When this law firm sued me and bailed as soon as I filed a MTC they were representing Calvary. They bailed when some other forum members were sued by Calvary. This time they are representing Asset Crown Management so I think it’s possible that Levy and Associates contacted Calvary’s and Calvary just wanted to cut their losses but maybe Crown Asset Management was willing to spend some money and gamble on the possibility of keeping the case in court or because the amount is 4 times as much as when they sued me, they were willing to put some more money into pursuing this.
  7. Maybe fisthandcheese can chime in but I have not seen many cases here of MTC being denied unless somebody just completely botches it.
  8. Just checked court docket. OP’s notion was granted. Calvary is going to bail any day now! Am curious if their attorney even showed up to the hearing. Like I said before, they were wasting money and time by sending their attorney to fight this
  9. I still am predicting that they will be a no show at this hearing. I will be shocked if they even bother to show up.
  10. When my case was going on with this law firm I did research on their history and looked over thousands of cases where they were the plaintiffs in the past 5 years and these guys never saw a court room. There was one case where a summary judgment was denied and a trial was ordered and Levy & Associates dismissed the case immediately after that without prejudice which told me that they felt that it was not worth the money to go trial. If that case was settled it would have been dismissed with prejudice. There's several different threads on here where Levy & Associates folded as soon as a MTC was filed. This would be a first if they contracted with another law firm. My guess is that they are going to figure out sooner or later that they are wasting time and money pursuing this and they will bail. They are looking for low hanging fruit. 99.9% of their cases result in default judgments, settlements, stipulated judgments, or people they can't located. The more time they spend on a case, the less they make per case. The only time they are ever in front of a judge is debtor's exams where they follow up by garnishing wages and seizing bank accounts. My guess is that they appear at those hearings telephonically. They do not want to spend a bunch of time in court in front of a judge. Of course the amount I was sued for was significantly less than what the OP was sued for. I suppose it's possible that the higher the amount you owe the more motivated they are to try to collect but in my opinion it would have to be like $30,000 for it to make sense to fight in arbitration and even that is risky because if you go after a debtor for $30,000 they might file bankruptcy and you just pissed away thousands of dollars and got nothing in return.
  11. I'd be shocked if they even show up at the hearing. Last year while researching my case I went and looked up thousands of cases that Levy & Associates filed over the past several years and I don't think they've seen a Cincinnati court room in years. Maybe 15 years ago when Junk Debt Buyers didn't have good records their business model required them to spend more time in court, but as far as I can tell the past several years they have never been in a court room (unless something has changed in the past year). I'm guessing that they file everyone of their lawsuits electronically. I'm guessing it would take 4 hours minimum for them to travel from Columbus to Cincinnati. If one of their attorney's time is worth $250/hr to Levy & Associates (typically what lawyers bill) that's a thousand dollars of good money they are throwing after bad money. I think they are going to bail very soon. I'm shocked they even filed that frivolous motion.
  12. Wow I got sued by Levy & Associates in Hamilton County, two years ago and these guys rolled over and dropped the case two days before our court date. Funny that they are now fighting these. It's fun fucking with them, I'd call their office to tell them they have the wrong address and they need to update my address and their operator would always be like "Well do you want to settle", and I'd say "No I just want to make sure you serve the correct address". They never got my address right and I ended up getting an attorney friend to get me the lawsuit and I went down to the court and filed my response and my MTC. What was hilarious is that they still continued to waste money trying to serve me after I had already answered their summons and they no longer needed to serve me. I think they spent close to 300 bucks total on the complaint and trying to serve me. Like I said a few days before the court date they dropped the case. They sued me over a debt that I defaulted on in 2013 so it's now past the statute of limitations so I'm pretty sure they can't sue me anymore. Next year it will be 7 years and it will go off my credit report. That response cracks me up. His argument is basically "this lawsuit does not require arbitration, and arbitration would be way too costly for the defendant". Since when are plaintiffs worried about the defendant? Here's what you want to argue. 1. There is a contract between us. 2. The contract THEY DRAFTED contains an arbitration clause. 3. Arbitration clause can be invoked by either party. 4. I invoke the arbitration clause. 5. The law favors arbitration. 6. The contract specifies that this can be done AND THEY DRAFTED IT. Levy & Associates are in Columbus. It's an hour and a half drive to court. Wouldn't surprise me if these guys continue to no show their appearances. I spent hours going through cases involving Levy & Associates and I don't think these guys have been to a Cincinnati court room in years. I'd be shocked if this attorney shows up at all. I would have asked the judge to dismiss the case with prejudice when he didn't show.
  13. If you sue somebody and win the Judge doesn't hand you a bunch of cash and say "Congratulations". All you get is a piece of paper and it's up to the debtor to collect it. The term "junk debt" has nothing to do with how much documentation they have. It's called a "junk debt" is because they are buying a high risk debt where the debtor has high likelihood of not paying. The vast majority of these debts are not going to be from people with six figure incomes and higher than 800 credit scores. A lot of these debts are going to be debts of people that lost all their money from medical bills and can't work, or are ready to file bankruptcy, unemployed, unemployable etc... You can have all the proof you need but if the debtor has no income and no assets you are wasting your time and money collecting. That's why it's called Junk Debts. I bet the JDB or the lawfirms for the JDB are sitting on huge stacks of judgments that they have given up on trying to collect. An example. I have a friend that's wife got assaulted by a stranger outside a bar and he's currently in jail awaiting trial. I pulled up his record in the courts and he's been sued and arrested dozens of times and has all kinds of civil judgments against him as well as arrests for driving without a license. A lot of these civil judgment are from different insurance companies where he probably caused a wreck and didn't have car insurance so the other person's insurance company sued him and got a default judgment. A guy like that that is sitting in jail with a million dollar bail and tons of judgments, I highly doubt is collectible and the JDB would be wasting their time trying to collect from him no matter what kind of proof that they have on him. In that case the judgment isn't worth the piece of paper it's printed on. Out of all the debts they buy, some of these people might have stopped paying their bills because they got laid off but found new work and now have the means to pay the debt back. The Junk Debt Buyer knows that they aren't going to get paid on 100% of the debts. They have to buy these debts for cheap enough so that they can make enough money off the people who are collectable to cancel out all the uncollectable debtors. Also in my case they spent 300 bucks filing the lawsuit and if I remember correctly I couldn't find a lawsuit from this JDB against anybody for less than 700 dollars so they've got to have some formula where it's not worth it for them to pursue anything less than 700 bucks. If you've ever tried to retain a lawyer to sue a person or a company the first thing they want to know before knowing if you have a decent case is "Can I collect from this person?"
  14. Really? I just called them a third time and they now claim that all payments made on the date I paid got posted the very next day due to a system glitch. They still haven't credited my account, they claim that it will be credited by the end of the month.