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helpinWI

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Posts posted by helpinWI

  1. On 5/19/2019 at 6:44 AM, fisthardcheese said:

    Don't over think it or try to guess their reasons why they do this or that.  Just go with the facts here.  The facts are that they need your stipulation in order to dismiss and they clearly want to dismiss the case.  This gives you a perfect opportunity to tell them you are willing to work with them on a dismissal with prejudice.  Make the email very concise, simple and to the point.  The worst case is they say no, and then you can choose to accept the dismissal without or to continue and force the MTC hearing and then try to settle again for what you want after MTC is granted.  But I feel that the odds are in your favor to get the dismissal with prejudice.

    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

     

  2. 8 hours ago, fisthardcheese said:

    It's a stipulated dismissal, correct?  They want you to sign it and send it back?

    I would email the attorney and say you received their stipulated agreement offer and that you would be willing to stipulate to a dismissal with prejudice.

    I'm not sure why everyone thinks this is over.  It's just a settlement negotiation.  You are free to tell them what your terms of stipulation are.  But forget about this "removal from credit report" nonsense. I NEVER advocate for that, as a dismissal with prejudice can be used to handle that later and it just muddies the water at this point.

    You have them on the ropes.  They have to get a stipulated agreement from you to dismiss because you answered and filed an MTC.  They can not just drop it by themselves and this is why they are asking you to sign this.  Counter.

    @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.

  3. 23 minutes ago, nobk4me said:

    I would consider it a win, and accept the dismissal without prejudice.  It is very unlikely they would sue you again.  If they do, then it's a matter of "rinse and repeat."  You just file the MTC Arb again.  Same thing if they sell the debt to another JDB.  Rinse and repeat.  And the SOL clock is ticking, and eventually the SOL will run out.

    I suspect other people here might urge you to push harder, and go for the with prejudice, off the credit reports, etc.  But I take a more conservative approach.  This is a WIN.  You went from experiencing a hostile, pro-creditor court determined to slap you with a judgment to a dismissal.  I wouldn't get greedy here.

    @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!

  4. 15 minutes ago, BackFromTheDebt said:

    Is the dismissal with or without?

    it doesn’t matter much but they are different 

    @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. 

    • Like 1
  5. @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! 

  6. 3 minutes ago, Goody_Ouchless said:

    They can't/won't resell and won't sue you again. I believe @fisthardcheese advocates offering and exchange of dropping your arb for w/Prejudice and trade line removal.

    Interesting - for a minute it looked like these guys were following to arb. Maybe Gurstel never got the memo.

     

    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!

  7. 3 hours ago, nobk4me said:
     

    It's possible she wasn't really pissed at you, but was putting on an act, a bullying act, in the hope of scaring you into settling or taking a judgment.  I have seen this behavior.

    Or maybe she was pissed because you didn't act like a scared sheep like the rest of the defendants.  Maybe she sees this as a challenge to her authority.

    I'm not sure what motivates this behavior, maybe contempt for "deadbeats", or for pro se's, or, as mentioned,  a challenge to her authority.  Or, I suspect there may even be corruption involved.  Maybe these biased magistrates and judges are getting kickbacks from creditors.  Shouldn't happen, but corruption sometimes does.

    Whatever the motive, IMO. this unprofessional, biased behavior is UNETHICAL.  It violates the codes of professional and judicial conduct.  All parties appearing before the court are to be treated with respect.  Courts are supposed to be neutral and should not show bias for or against any party.

    If it happens again, I would object to this behavior.  I know that's tough, as you are in a stressful situation where it seems like they have power and you don't.   But I think it's important to get your objection on the record.  Speaking of the record, was this hearing transcribed or recorded?  If not, it's just your word vs. theirs that it even happened.

    For future hearings, could you ask that it be recorded or transcribed?  Maybe record it yourself, if they let you?  I find people behave better when their behavior is documented.

    Are you able to ask this person to recuse herself from your case, due to demonstrated bias and hostility?  Check your state's rules of civil procedures and local rules of court.

    And, assuming she's an attorney, you could file a bar complaint against her.

    Just some ideas here.  You are not as powerless as you may feel you are.

    I doubt very much that you would face sanctions for advocating for your rights, as long as you actions are civil, polite, and professional.  She won't go that far because it would expose HER behavior.

     

     

    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! 

  8. 11 minutes ago, BackFromTheDebt said:

    Am I allowed to do that in this forum?

    i think I am. In any case, this could be that I am just mentioning his name and not giving a reference.   I never hired him but I know several former CIC posters in the Milwaukee area  who had excellent results with him.  

     

    Briane Pagel. 

     

    Trouble is, he is in Madison.  The Milwaukee folks who used him were for very complicated cases in which it made sense to pay the big bucks  

     

    I think you have this under control better than you think.  

    Here is what to expect:

    1. Hearing in 2 months.  Either you get the MTC or else you lose the case.  If you win step 3 and if you lose step 2. 

    2. Appeal.  You will see a real judge in Circuit Court.  File your MTC

    3.  File in JAMS

    4. They walk away and you win

    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.

  9. 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.

     

  10. 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.
  11. 10 minutes ago, BackFromTheDebt said:

    Let me add a couple of things —

    I heard that the top consumer attorney in Wisconsin advises his clients to assume they will lose in small claims court, and appeal to Circuit Court where they can get a real judge.  

     

    The other thing is — remember who your audience is right now.  It is not me or anyone else on this forum.  It is the magistrate who will hear your case.  Even if the magistrate is a total idiot and a complete jerk, your job is to make sure you don’t anger the magistrate.  Getting a judge or magistrate angry at you can have serious repercussions.  I once inadvertently got a judge pissed off at me, not by design at all.  I faced between $1000 and $2000 in sanctions loss of my case.  

     

    It could have been worse.  

    One time on the other board a fellow in Arkansas went out of his way to piss everyone off and got about $60,000 in sanctions.  

    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.

  12. 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.

  13. @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.

     

     

     

  14. On 5/5/2019 at 4:34 PM, BackFromTheDebt said:

    Interesting plan, and not a bad one. 

    If they filed an affidavit of non-service, there is a chance the date of the hearing will be postponed.  Check CCAP before you go for last minute changes.  

    When you are there, if you have an MTC ready, that is not a bad thing.  Decide for yourself if you want them to dismiss the case without prejudice for non-service.  Maybe they will, maybe they won't, and if they do, they can always file again.  Small claims can be really weird.  An MTC, however, can end things once and for all.  

    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? 

  15. Just now, helpinWI said:
     

    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?

    Do I appeal to a circuit judge? I think what she did was completely out of WI law.

  16. 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?

  17. 17 hours ago, BackFromTheDebt said:

    Interesting plan, and not a bad one. 

    If they filed an affidavit of non-service, there is a chance the date of the hearing will be postponed.  Check CCAP before you go for last minute changes.  

    When you are there, if you have an MTC ready, that is not a bad thing.  Decide for yourself if you want them to dismiss the case without prejudice for non-service.  Maybe they will, maybe they won't, and if they do, they can always file again.  Small claims can be really weird.  An MTC, however, can end things once and for all.  

    I am ready, will report back later this week!

  18. 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!

     

  19. 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.

     

  20. 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? 

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