• Content Count

  • Joined

  • Last visited

  • Days Won


Everything posted by Noreturn

  1. I am out of town but will post when I return, looking forward to understanding what I'm dealing with.
  2. Well now I guess I am not sure. The case went to a bench trial, judge lodged most of my objections and then requested closing arguments in writing ( i think he could tell I'd had enough it was a very stressful event). Three months later the court sent the judgment and findings of facts and conclusions of law. I called the court clerk to verify if this was dismissed with or without prejudice because the judgement did not say. The clerk told me that the plaintiff would not be allowed to file this case against me again, I assumed that meant WITH prejudice. Thank you for the advise, I will take these steps first but if all else fails, is PRA in (reporting to credit agencies following judgement / dispute) violation of the fair credit act?. If I end up suing them, wouldn't i need to learn federal court rules and procedures?
  3. I was sued by PRA in Aug 2019. PRA claimed I owed 8k for a defaulted capone card. Of course I said "um, no". I beat their summary judgement motion, poor atty could only offer hearsay I beat them at trail. Again, a bunch of hearsay and inconsistent account numbers. I received a 6 page dismissal finding of facts and conclusions of law (still unbelievable). Judge dismissed this case with prejudice, he agreed with every point I made while ripping atty boy a new one. How can I get this off my credit report? Isn't a judgment enough? I recently disputed PRA's entry for the third time with experian ( first post judgement), PRA refuse to remove this account and actually confirmed it. Do I have any options here? Comes off it says in 2023 Thanks! The court dismissed the case with prejudice
  4. I still haven't made a move because I haven't received any documentation from the court, no signed order. Clerk told me today the only way to get documentation is to pay for the court minutes. My mtc order isn't even signed. Judge straight up dismissed and closed the case. court clerk doesn't even have a "dismissed" order to send me. Gonna lay low for awhile because it seems like this is over... I think I can claim victory for a second time. JDB 0 Pro Se 2
  5. Bench trial held in February 2020. Sued by PRA to collect $8107.11 for a CapOne Cc. Just received the judgement, case dismissed with prejudice. Such an amazing feeling it is to learn the law, apply new complex knowledge and defeat PRA. Absolutely could not have done this without the advise, information and experiences found here. Especially thankful to BV80 for suggesting specific Idaho Supreme Court case law. It was a hard confusing wasn't until I beat their summary judgment that I began to actually understand what I was doing. Object object object the end the court ruled evidence offered by Portfolio Recovery was inadmissible hearsay and lacked foundation. I think what really sealed the deal was "The billing statements offered in Exhibit 1 lack foundation and are inadmissible under the business records exception". Turns out that even with 902 (11) you cannot upload someone else's business and call them your own. At least in Idaho. Big 'ol hug to Bv80 and Harry Seward for donating your personal time here, answering my questions and pointing me to the right direction. I will certainly Pay it forward. My husband was wrong, big bad attorney's don't always win.
  6. Sound advice. I do not want to find myself in a situation where they sue again and my motion is denied. I'm just trying to understand why the case was straight up dismissed ( and how to capitalize) without any direction from the judge to follow through with arbitration. I mean don't these motions normally end in an order to stay the case pending arbitration?
  7. So just got a letter from unifund attorney it says "While your motion to compel arbitration has been granted, I would request you first consider making an offer to see if we can resolve this issue short of arbitration. While that is your right under the contract, there are additional fees and costs involved that would make the final resolution more expensive for either side. If you wish to discuss that you should contact #$&@+ in my office". My gut tells me I may have an alternative next move Rather than pursuing my original planned strategy which I formulated from reading the arbitration thread posted here. Arbitration clause says they will pay my fees if I ask. I have not filed or sent any documents yet. Options and advice appreciated
  8. Gotcha thanks for the advice. Just to be sure, I file arbitration without mentioning plts complaint I am entering my own complaints!
  9. Hearing held via zoom, I argued my motion for literally 60 seconds. Unifund basically said yes there is a contractual arbitration clause therefore had no defense. Judge dismissed without prejudice. Plaintiff requested the case to be reopened in 6 months if I failed to file for arbitration, judge denied this request because he is retiring. The hearing happened really quick and I didn't want to ask any questions after the case was dismissed. I'm wondering what happens if I wait a couple months to file with AAA or don't file at all? Judgement just says dismissed and nothing about a "stay" pending arbitration.
  10. Thanks, I couldn't find anything in our rules of civil procedure. Hopefully i can find some good reference material....
  11. After both parties presented their case, the trial court ordered closing arguments be submitted in writing. Plaintiff filed their Closing Argument WITH Proposed Findings of Fact and Conclusions of Law. Is it proper to respond to Plaintiffs facts and conclusions? Is it proper to object to fabrications? Is it proper to file proposed findings and conclusions without being ordered by the court?
  12. A random custodian of records and myself. Do I not have any recourse?
  13. I stated my grounds for objection was that I had asked specifically for witness disclosure in discovery ( plt answer was that discovery is ongoing, they would supplement) Next I complained that plaintiff did not comply with the courts order setting case schedule, and that I only had prepared questions for their custodian who provided an affidavit. It's kind of a blur why testimony was allowed, I seem to remember something like "let's wait and see what the witness has to say" I thought I communicated my objections well ( the part of trial I asserted well) however I did not mention that I would be prejudiced. The judge "logged" exhibits and some testimony, not sure what that means.
  14. Case Law in my State does not favor business records affidavit from the debt buyer, must be from OC. Even then, the affiant has to be specific about what records were reviewed and that they have knowledge of the process.
  15. Even if the judge denies a motion to strike / sanctions, is it possible to strengthen a future appeal? I'm pretty sure I will loose my case.
  16. I did object, loud and clear. I was hoping i could file a motion to strike and or sanctions. Last day of trial is one week from today.
  17. The Trial is ongoing, the witnesses have testified already.
  18. Does anyone have a sample Motion for Sanctions they'd like to share? Preferably dealing with failure to disclose, supplement an earlier response but any discovery topic will help. My situation: Parties participated in discovery, specifically asked plaintiff to disclose any / all potential witnesses Plaintiff answer " Plaintiff's only witness...custodian of records, discovery is ongoing plaintiff will supplement answer in accordance with the Courts Scheduling Order" --Plaintiff never supplemented-- Court Scheduling order: Parties must exchange and file with the court a list of witnesses they may call to testify. Include witness name, phone number, address and a brief description of expected testimony Due 10 days prior to trial--- Plaintiff JDB = Did not file or serve list--two live witnesses testified both undisclosed.
  19. Beautiful, looks like I am all ready to try this arbitration strategy out then. Appreciate your help!
  20. This is what I am stuck on: Idaho law, the case is pending magistrate court. First pretrial hearing end of month 7-916. Applications to court. Except as otherwise provided, an application to the court under this act shall be by motion and shall be heard in the manner and upon the notice provided by law or rule of court for the making and hearing of motions. Unless the parties have agreed otherwise, notice of an initial application for an order shall be served in the manner provided by law for the service of a summons in an action. I have to serve a summons????
  21. It says " if you commence arbitration you must provide us notice required by the administrators rules". I thought I read something about notice should be served by the rules of a summons. It also says if I ask, they will pay anything over what the costs are to file in small claims. Can this request be made within the notice?
  22. Sorry if my question is a repeat but I can't find what I am looking for. I need help with my letter notifying / demanding arbitration with Unifund. What should be included in the letter? If I understand correctly I send it prior to mtc hearing? Anyone have a template? Thanks for the help...uncharted waters
  23. Trial commenced last week, JDB PRA vs Me. Drowning but not unconscious YET, I really appreciate any advice The Court ordered both parties to submit closing arguments in writing as the judge will decide under advisement? IDK what that really means... My BIG problem: JDB called two witnesses, neither disclosed but neither were OC. I'd like to file a motion to strike testimony Grounds; failure to comply with order setting case ( all witnesses and exhibits disclosed ten days prior to trial) + rules of procedure failure to timely supplement discovery / disclosure I haven't been able to find any sort of promising references so far from the www. Does anyone have a example? Possibly too late? Thanks all
  24. Yes they attached 37 documents. one page is a document titled Bill of Sale / Forward Flow the rest are 12 consecutive monthly billing statements. 3 pages each month. each month the 3rd document is generic info I assume normally printed on the backside of a statement. 11of the 37 are identical repeats