Robear

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About Robear

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  1. I appreciate all your suggestions, I would absolutely LOVE to drive up there and record the sheriff march into the building and start seizing assets! Update*** I got a call from the owner of the law firm, he is willing to pay me double if I am willing to set the judgement aside. Waiting for the official offer to arrive. Any thoughts?
  2. As it turns out, I beat their case against me, AND I found some case law which got the judge to see their error. I won my countersuit and was granted $1000 dollar judgement. Now how do I collect it? I called them and they said to talk to the law firm they had hired to sue me. I called the law firm and all I get is a recording that due to covid they are not in the office, it directs me to leave a message and they will return the call, I have left 3 messages over the course of a month with no response. Any one know how to collect a judgement against unifund in ohio?
  3. I was sued by unifund in small claims court Alabama, I counter sued due to clear a FDCPA violation. On their case against me, they failed to perform a key procedure of the court rules and I had the case easily dismissed. On my counter suit, I proved that they failed to cease collection after receiving a validation request, the judge agreed and granted me a 1000 dollar judgement against them. How do I collect? I have researched getting a writ of execution, but how does that work with Unifund being in a different state? Funny how when the shoe is on the other foot, they won't pay their bills!!! Looking for any suggestions, thanks!
  4. I have an upcoming trial in small claims as a defendant, I have beat this law firm 3 times already. I am counter suing for violation of FDCPA 809b. My last trial I counter sued because this law firm will send the dunning letter, (which I promptly reply with a validation letter) and continue to send collection letters WITHOUT sending the verification. Finally they will send verification right before they file the suit, the last case they filed suit and then sent verification. Long story short, the judge doesn't seem to understand FDCPA especially 809b that specifically says the collection must cease until verified. I am looking for some help with case law that I can help the judge to understand what has been ruled on already that would indicate what this law firm continues to do is in violation of the law. Specifically something from the 11th district court would be handy. Or any other advice anyone has on helping the judge understand. Thanks for you help.
  5. I simply wrote: billing dispute, FDCPA violations, TCPA violations. For an amount, I put roughly 150% of what they sued me for. Remember what Fist says in his thread, "you can amend it later if you need to". How do you not know of any violations until you force them to show their files (discovery)? Hang in there, Cavalry should fold without much pressure, at least that's my experience with them.
  6. Just wanted to update this thread. I reached out to the JAMS case coordinator to ask if I was holding anything back by not paying the$250. She responded that I was not, in fact they had not heard anything from the opposing law firm. About 3 days later I received an email from the law firm requesting a mutual dismissal. Case has been dismissed. Over 4k cleared off for the price of 2 certified letters, one trip to court, and LOTS of reading! You can do it!!! Another one down!!
  7. Just wanted to update and ask some questions: Got everything filed and accepted with JAMS, got a case number and a due date that they are supposed to pay the $1500 by. This was a synchrony card so I included a letter to jams and to the law firm that as per the contract, I requested that they pay the consumer filing fee of $250. The due date for them to pay is 2/4/20 and so far I have heard absolutely nothing from anybody. What happens if they never respond? The case is stayed until the end of Feb in the court, do I wait and go back to court and inform the judge they failed to participate and ask for a dismissal? I have attached the letter I received, does anything indicate that I am holding it up by not paying the $250? Doesn't look that way to me, but any advise or suggestions is welcomed! Thanks
  8. Theres two cases going in this thread. This case was not dismissed, the other was. This one my MTC was granted, I need to get it going, its been stayed until Feb. Thanks for your input.
  9. On the instructions for JAMS line B. reads: Proof of service of the Demand on the appropriate party (2 copies) What you usually use for this? @fisthardcheese
  10. He dismissed during the trial, the judge then listened to my counterclaim. There is no official ruling on the case as of yet, the only thing showing on the record (online) is a "trial brief" that has the documents they sent when I requested validation and the court order for the information requested (which is exactly what is in the trial brief). There is no mention of my counter claim on the order or in the brief. Its strange to me, I cant figure out what the judge is looking for. One thing I forgot to say, at the start of the trial, the lawyer said they sent me an affidavit and I didn't object to it, so they would be using it in court today. I never received an affidavit and I told the judge so. Then the day AFTER the trial, I received a packet in the mail from the law firm that contained the said affidavit and everything they sent when I requested validation plus a couple more statements.
  11. Congrats!! I had Cavalry dismiss simply by filing a counter claim. They seem to be the easiest JDB to get to mutual dismissal in my dealings so far.
  12. UPDATE First case JDB (cap1 ) vs ME after the lawyer couldn't get me to admit to the debt he dismissed, saying he would move it to a higher court where he could subpoena my records. On my counterclaim, first the judge dismissed, and I asked why. The response was that the debt was validated within the 30 days, I then showed where the law firm sent a collection letter offering a payment plan BEFORE they sent the validation, thus violating FDCPA to cease all collection activity until validated. The backtracked the decision to dismiss and made a copy of all of my paperwork for the counterclaim and said I would receive a decision in the mail. I received today an order that "the parties must submit the documents that accompanied the letter dated xxx (date they sent validation) within 10 days" Any idea what this is for? Consideration of my counterclaim? Second case JDB (synchrony), hearing for my MTC Arb. GRANTED!!! Opposing attorney had zero opposition, simply stated if I wanted to arbitrate he was fine with it, even asked if I wanted 60 or 90 days to initiate. Apparently he has no idea how this works because I went prepared ready to fight his opposition. Question, should I make mention MTC in my JAMS demand or not mention the order at all since I don't want to bring up the debt? Also, how soon should I file the demand with JAMS and whats the reasoning behind sending it asap or delaying a little? Thank you!!
  13. Thank you, this is exactly the case here. The law firm has been doing all of the collection work, I haven't even heard from the JDB, and according to what they sent, its changed hands a couple of times.
  14. Here is the best I could find so far, what do you make of it? http://judicial.alabama.gov/docs/library/rules/cv13.pdf Then there is this specifically for small claims: http://judicial.alabama.gov/library/SmallClaimsRules Defending. The defendant shall file a short and plain reply showing what defendant admits, what he denies and why he denies it. This reply shall be called an answer, shall be filed within the deadline set forth at Rule “F”, and the form of answer [SM-3] appearing in the appendix to these rules shall be sufficient. If a defendant has a claim against a plaintiff, he shall file it with his answer and send a copy of it to the plaintiff. Said claim shall be in the form applicable to a complaint and it shall be called a counterclaim [SM-6]. Failure of a defendant to make a counterclaim which is based upon things which gave rise to plaintiff's claim will not of itself prevent the defendant from raising such claim in another court or case so long as the defendant either wins his case in the court or prevents the judgment of the court from becoming a final judgment by the filing of a notice of appeal as provided in Rule “M”. Answer may not be made by a motion to dismiss. The court shall be very lenient in the allowance of changes or amendments to complaints, answers and counterclaims and continuances of trials when necessary to serve the ends of justice
  15. Nope, its a common U-gly, N-o good, I-gnorant, F-oolish, U-ppity, N-auseating, D-isgusting JDB, if you know what I mean