helpinWI

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Everything posted by helpinWI

  1. I had no response to my request for with prejudice. I signed the stipulation without prejudice, sent it in, the case is dismissed. Thank you all so much for your help. I appreciate it, there is no way I would have been able to do this without all of your help! Another win!
  2. I hit the ball. I'll see what he comes back with. It was a two sentence email. His email was not on any correspondence, but I found it online. I expect a quick response. If I don't hear in a week, I will mail a response/follow up and see what happens. Either way dismissal is most likely. Thanks again for the reply @fisthardcheese
  3. @fisthardcheese Yes, stipulated dismissal. I will send the atty an email on Monday morning, see what happens. I shouldn't even worry about the credit report, really, as the SOL will be here before I know it. I will mill all this over this weekend and decide what to do Monday morning. The way I see it, and my first thought when I saw the stipulated dismissal was the without prejudice, that was chosen for a reason. Maybe it is only the most common dismissal, the easiest, or cleanest for them, but maybe it was chosen to refile and keep options open in the future. I do want this over but to close the book on it for good would be nice. Thank you for your reply.
  4. @nobk4me that is what I was thinking, but also wanted to be sure my accepting wouldn't be a bad move. I think this went better than expected, although I was prepared to fight, saving my energy for happier things in life is a relief. Thank you for your input!
  5. I had a typo in the 2nd past post, it should say without, fixing it now.
  6. @BackFromTheDebt without, yes it is possible for them to start a suit again. Will they? I have no idea, but that is why I was cautious and came to the forum first before signing and sending. But if we are talking pretty good odds they won't. I'm ready to be done with this. I know we don't have a crystal ball, but if odds are in my favor, I'll go ahead with the dismissal without.
  7. @BackFromTheDebt @Clydesmom Ah, I see. I spent a lot of time reading the forum here, and I possibly may have been mixing up the with prejudice dismissal, asking for credit line removed and making it go away permanently with a certain time point in the process that had moved from SCC or the first steps of the court case. I think it was recommended when the arb was in process, or someone had used those steps to get a positive settlement once arb was in process and JAMS was filed? @fisthardcheese Does that sound correct? I have the dismissal without prejudice to sign and send, they will file. I will go ahead with that on Monday if I don't hear otherwise, here. I am totally not kicking a gift horse in the mouth, I only want to make sure this is the correct path as I have put in the work and don't want it to be in vain. I like to do things right. I believe I have a little over a year for SOL, so yes, moving along will be nice. I think I will have an SOL party, I let all my debt go at the same time so it will be a HUGE milestone for me. I have a great credit score now and have worked my way back the last 5 years. It feels good to know I won't have to deal with this again. Delayed gratification is my new habit. Thank you all, I love this forum and all the advice it gives! Really grateful, and celebrating the power of the collective mind today!
  8. I do believe that I have seen something like that mentioned when reading the forums. They may have never gotten the memo but they sure were hand served my MTC. I will await a response! Until then thanks again for any insight!
  9. And thank you to everyone on this forum! Without any of these topics and threads, I could never have gotten this far!
  10. Filed my MTC the day of last court date, yes. @nobk4me @BackFromTheDebt Letter from atty came today with stipulation and order for dismissal. WIHOUT prejudice. Anyone want to give me an idea on what my reply should be? I know I want with prejudice, them to take it off all three credit reports and not have the ability to sell the debt. Should I just blatantly write a short letter that states my terms?
  11. Now that I have a little retrospective, I'm not sure why this happened. It very well could be a personality issue. Speaking of corruption, I saw this article yesterday from my city: https://journaltimes.com/news/local/crime-and-courts/former-milwaukee-alderman-charged-in-case-allegedly-involving-strip-clubs/article_e4026725-a429-52e9-a5eb-aea3bbbb83fd.html Yes, corruption in government happens. This SC court really is a mill, one large room with clerks, 4 side chambers for hearing, no clerks in the back chambers, no reporters, no recording, seems very backwards to me. More of waiting in a DMV line feel to the whole process. I’ll look into all of your suggestions, I hadn’t even thought of these options. In black and white terms this is all about money and power. It does feel like something off was going on, even with me being over-stressed and not all smiles. I would say I was business like but not disrespectful. I was shocked when she wouldn’t let me speak on jurisdiction at all. I think she said something like this court does have jurisdiction... I got a few words out but she cut me off, asked if I accepted service today, agree or disagree with the complaint and then she said I could get a summary judgement in the next hearing, ended it and walked out, I was a bit in awe and in disbelief, I walked out with the attorney to the scheduling desk made the next court date, mag left no other option. I did take note that the sheriffs who did the scheduling asked the attorney what date he was available without even looking at me or considering my availability, that seemed a bit biased, I politely said I’m free any day as I work from home. I know that is just a little thing but it felt pretty much like a good ole boy thing going on. Probably to be expected as they are all the same players every week. I honestly left with the feeling I should call the local news and have an investigative report done. But who knows all the players in this or if this is just bad government vs. corrupt government. The attorney had over 20 cases that did not show up, I saw the clerk call all his cases in order, two of us showed up, I would imagine they are not used to the defendant taking charge of her case and actually wanting to have it heard. Im going to let all of this sink in and decide how far I want to go and where to push. My eyes are open to how things are run in SC and I expect nothing to go my way at the next court date. I’m prepared to even have the mag give attorney judgement. It’s that bad here. 🤷🏼‍♀️ Thank you for thoughtful reply!
  12. Ah, yes, mine is too simple for this attorney, but thank you. I would file my MTC again with the appeal? I filed it today with my simple answer. I will also be researching court rules, procedures, etc for appeal just in case.
  13. Thank you for all your knowledge and replies today! I do appreciate it. I know no one here has to help anyone and I am grateful. I am thinking it is both, no shoots and isn't familiar. Sigh. Onward and upward. Again, thank you for keeping it simple, it really will be or will not be at this next hearing. And if not, I am hoping Circuit Court won't be too annoyed I am coming up from SC. Putting it to rest for a couple months.
  14. Why would the mag mention summary judgement... I found this poking around quoted from the Consumer Arbitration Agreements publication. I'm thinking she just isn't familiar with arbitration? I guess I will just let this be for two months, not much I can do now. I will go in expecting to be denied in July. I'll get my JAMS ready and look into appeal process too. Defendant’s Conduct in the Court Proceeding Defendants initially may proceed with court litigation before raising the arbitration requirement—either because they thought (mistakenly) they could win in court quickly or were initially unaware of the arbitration requirement. Courts will look at the totality of circumstances to see if this conduct waives the right to require arbitration, particularly where the conduct prejudices the consumer. Id. § 8.3.2.1. Conduct that may amount to waiver includes: • Filing pleadings in a case, such as a complaint or counterclaim, Id. § 8.3.2.3; • Bringing a motion on the merits, such as a motion to dismiss or for summary judgment, Id. § 8.3.2.4; • Litigating on the merits almost to the point of trial or filing numerous motions, Id.; • Conducting extensive discovery, Id. § 8.3.2.5; • Excessively delaying a request to compel arbitration, Id. § 8.3.2.6.
  15. What is his/her name. At this point I am willing to pay someone to finish this once and for all. Even it is more than the debt.
  16. Thanks, I will do that. I think she was born pissed. I'm not sure I did anything but try to present that I had papers to file. I am assuming, she was mad because I didn't whimper down to the attorney when he tried to slime his way into a "pre-hearing" talk. I saw so many people giving into them at court this morning, making deals, getting their paperwork. She clearly was mad because I had other plans. I wish this could have been a pleasant hearing but the cards were not falling that way this morning. I will appeal it if whoever sees my case, denies it. And what exactly could I be given sancttions for? Wouldn't I have to not follow her orders or court rules? Are you trying to say they can make offenses up and assign me damages? That seems a bit rash.
  17. @BackFromTheDebt @fisthardcheese Wait for two months and do not contact the attorney (beside serving the MTC and answer of course)? Only concentrate on my MTC at the evidentiary hearing? What if the commissioner is as ridiculous as the one I saw today? I tried to tell her that the court did not have jurisdiction and I had a motion to compel arbitration. She was pissed, literally pissed and then was all puffy to me ("the is a COURT") and said we are through here, and insisted on an evidentiary hearing and I would have to get a summary judgement. I wanted to say to her so bad, yes, this is a court, let's follow procedure, shall we? It cracks me up that they file judgements without service in this state and county, all, the, time. It is a mill and she did not like me being a cog today, one bit! Could you help me out a little more please? This is not how I thought today would go and by no means am ready to give up this fight. But I need a plan.
  18. Or should I file JAMS and send the attorney a letter?
  19. After they got their heads together they sent me back up to the commissioners clerk. MTC and answer are filed. Do I wait for the hearing two months from now? Or take action with a judge?
  20. Do I appeal to a circuit judge? I think what she did was completely out of WI law.
  21. Court commissioner would not even look at my MTC or answer. I admitted service before seeing her to have a hearing today, where I thought I would be able to present my MTC. No, she scheduled an evidentiary hearing for two months from now. I am trying to file my MTC and answer now that I’ve been served. I’ve been sent to two different windows and the clerks are confused and seem as if they won’t accept my documents. What should I do?
  22. I am ready, will report back later this week!
  23. They filed the affidavit of non-service. I just saw the filing online. So, I assume I won't even mention the non-service in court now? Just go with my answer and MTC, keep it short and simple in the court room, concentrate on my jurisdiction defense. Get the motion granted. I think personally, that attempting service once, not leaving the complaint with my partner once he opened the door and never attempting service again is a pretty shade way to not notify the party and get that rubber stamp judgement. I hope he is surprised when my name is called and I am there. Any thoughts for my court date this week would be helpful! Thank you all and I hope for the best!
  24. Not sure what I will do with this but since this case from 2015 (when judgement was entered) I've learned a lot about this business of junk debt buying. I was not served in this case. Default judgement. They came after me, I paid it in full by Jan 2018. They entered a non-service 3 months after the judgement was granted. Can I sue? Ideally for the whole amount back. I know, this may be a pipe dream, but you never know unless you ask. I am in Wisconsin, Milwaukee County. I had no idea when I paid, I thought they had a court order so I was left with no options. Not sure if there would be an SOL on this.
  25. So I just noticed that there is an addendum for the calculations of late fees etc. on the agreement that the law office sent me. I looked at the current agreement online and it does have the section 1 rates and fees. Did the junk debt buyer make up their own terms in the addendum? And can they do that? They may be able to, just seems fishy. Should I include the old agreement or the new agreement that I found online in my affidavit?