DSmithKMA

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About DSmithKMA

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  1. Yeah, they're all real weenies. They actually didn't show at the General Sessions hearing and I won a default for 10K. They appealed though. Credigy Services, Inc. is its own entity. Stewart & Assoc. are the legal arm, although they are a seperate entity as well. Credigy's president is Brett Samsky and S&A's is Steve Stewart. S&A are actually defending the action. Their 'representative liason' for Tennessee is Steve Crawford from Memphis. Funny they couldn't find someone here in Nashville to represent them. Crawford doesn't know the difference between the FCRA and PETA. I've got a thread here somewhere detailing all that's happened. But I'm looking for a lawyer. AFter their refusal to respond to my second rounds of discovery, I've had it. Let some barrister make some money from this.
  2. Xan, I'm still in Circuit court with my case against Credigy...they refuse to settle and lately I haven't heard a peep out of them. I'm looking for an attorney now...this is taking WAY too much time for me to fight by myself. I thought about removing the suit to federal, as their lawyer is not admitted to the fed bar.
  3. I don't think Experian removes that often...it's TU that likes to use that tactic. I know now if I ever have to sue TU again, I'll file directly in federal. My opinion is CRA's like to remove to federal, especially against a pro se plaintiff, for sheer intimidation. Didn't work for TU when I filed against them in SCC. I simply educated myself on federal procedure and we settled after a while. Also, in every pleading I filed, I inserted, at the outset, the following: Haines v. Kerner, 404 U.S. 520 (1971) Plaintiff-inmate filed pro se complaint against prison seeking compensation for damages sustained while placed in solitary confinement. In finding plaintiff's complaint legally sufficient, Supreme Court found that pro se pleadings should be held to "less stringent standards" than those drafted by attorneys. That doesn't mean you don't follow the rules, but you don't need to be an attorney to have "substantial justice" done.
  4. I filed the motion to deem the req. for admissions as admitted. I gave the defendant until Monday on the rest (Interrogs, and Prod. of Docs.) So if Monday rolls around and no response...another motion will be filed.
  5. Well, just because you "see" them as being wrong and at fault doesn't mean they think they are so they fight it. Another thing, they may be waiting for you to screw up and get the suit dismissed.
  6. I have to agree with you Doc. The judicial system (and to an extent, legislative as well) was created by lawyers for lawyers...kind of an "exclusive" club, made very complex. However, if it was simple, there wouldn't be a need for as many lawyers (except the great ones on this board).
  7. Gotchya! Thanks again. I have a hearing on 10/29...unless, of course, the defendant doesn't reply by 5:00PM on the Monday before the Friday on which the motion will be heard, in which case the motion is granted.
  8. Thanks RA ...that's kind of the way I was leaning but wasn't totally sure. I've never been to a motion hearing. So when I attend a motion hearing, do I just repeat what my paper motion says?
  9. I'm kind of in the same boat, as our rules are somewhat vague. Our rule 26 really doesn't address any sort of time table and what happens if you DON'T request an oral hearing when you submit a motion. http://www.nashville.gov/circuit/circuit/circuitlocalrules.asp#26
  10. You need to check your court rules to see when discovery is allowed to be sent. A scheduling conference is a meeting where all parties try to agree on a timetable of events, such as when discovery will end, when the trial will be, etc.
  11. No. Discovery is a "system" of finding out what the other side has, in terms of evidence. There are four standard discovery tools used: 1. Interrogatories 2. Request for Production of Documents 3. Request for Admissions 4. Depositions A sample of an interrogatory might be: Identify all persons known to you, who have knowledge of facts relevant to this case, including, but not limited to, all persons interviewed by you, by your counsel, or by any person cooperating with you in the defense of this action, and state the subject matter of testimony, giving a brief description thereof, for each person you may call as a witness in this case. Request for Document: Any and all documents that you believe establish that plaintiff had an outstanding account or debt related to account XXXXXXXXX Request for Admission: Admit that the plaintiff does not possess a ‘credit application’ or any other documentation evidencing the alleged debt, bearing the plaintiff’s signature, that attributes her as responsible for the alleged debt. The following link has more sample discovery used in an FDCPA suit. http://www.consumerlaw.org/publications/manuals/content/samples/M8fdc_591-595.pdf
  12. Given the fact most credit reports are reduced to merely a credit "score", I doubt a written explaination is beneficial.
  13. First off, is this your debt and can Unifund prove it is? If so, you don't have grounds for filing a counter-complaint because review of your credit report for collection of an account is a PP. Now, your state says: Collection activities of collection agencies are generally governed under the Illinois Collection Agency Act (225 ILCS 425/1, et seq.) The State of Illinois does not permit any collection agencies to conduct business without first obtaining a certificate of registration from the Director of Department of Registration and Education. A registered collection agency must file a surety bond in the amount of $25,000. (225 ILCS 425/8) Unifund isn't listed as being licensed. Also, a search on the Illinois Secretary of State website show Unifund's corporate status as being revoked. SInce they don't have a license or are properly registered with the state, I don't see how they're able to legally transact business, including filing a lawsuit.
  14. Wait a second...have you been sued? Please give us a quick background from the beginning.
  15. The FDCPA defines what a collection agency is. The FDCPA is federal law. This trumps any state law definition. (6) The term "debt collector" means any person who uses any instrumentality of interstate commerce or the mails in any business the principal purpose of which is the collection of any debts, or who regularly collects or attempts to collect, directly or indirectly, debts owed or due or asserted to be owed or due another. Notwithstanding the exclusion provided by clause (F) of the last sentence of this paragraph, the term includes any creditor who, in the process of collecting his own debts, uses any name other than his own which would indicate that a third person is collecting or attempting to collect such debts. For the purpose of section 808(6), such term also includes any person who uses any instrumentality of interstate commerce or the mails in any business the principal purpose of which is the enforcement of security interests. The term does not include -- (A) any officer or employee of a creditor while, in the name of the creditor, collecting debts for such creditor; ( any person while acting as a debt collector for another person, both of whom are related by common ownership or affiliated by corporate control, if the person acting as a debt collector does so only for persons to whom it is so related or affiliated and if the principal business of such person is not the collection of debts; © any officer or employee of the United States or any State to the extent that collecting or attempting to collect any debt is in the performance of his official duties; (D) any person while serving or attempting to serve legal process on any other person in connection with the judicial enforcement of any debt; (E) any nonprofit organization which, at the request of consumers, performs bona fide consumer credit counseling and assists consumers in the liquidation of their debts by receiving payments from such consumers and distributing such amounts to creditors; and (F) any person collecting or attempting to collect any debt owed or due or asserted to be owed or due another to the extent such activity (i) is incidental to a bona fide fiduciary obligation or a bona fide escrow arrangement; (ii) concerns a debt which was originated by such person; (iii) concerns a debt which was not in default at the time it was obtained by such person; or (iv) concerns a debt obtained by such person as a secured party in a commercial credit transaction involving the creditor.