cnoob

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Everything posted by cnoob

  1. Is it acceptable for an attorney on the opposing side to completely lie to you--especially if you're a pro se? I know they're allowed to do what's required to protect their client, but is lying or trickery allowed? I don't think so. What do you think?
  2. *snip* I found those examples also. I think I finally hit on what I was looking for (to some degree) with this: What I take from this is: 1. Loss of Opportunity is categorized as a "general damage". 2. Strict proof is not required for "general damages". You need only show that resulting "damage" or "injury" from the other parties act was foreseeable.
  3. Thanks, DocPC. I came across that information during the websurfing that devil21 assumed I hadn't done on my own. These didn't help much though because the first is centered on malpractice and the second in UK law. I don't want to rely on those examples, because they're so specific. All I'm looking for is a general definition and textbook criteria for proving it. I guess that would come from an attorney or someone who's recently covered it in law school. Or maybe I'll just have to call an attorney and ask him or her to explain it.
  4. I don't think the context matters. I just need a basic definition of the concept and the general criteria for proving it.
  5. I need help understanding loss of opportunity. How is it defined and what's the criteria for proof?
  6. I have it on good authority that JBC Legal Group, PC aka JBC & Associates aka Jack Boyajian and Marv Brandon, etc have reorganized under the name Jack Boyajian Law Offices, PC. If a company did such a thing whilst being pursued by numerous state attorney generals and individual consumers, what would that mean for pending litigation? As far as I know, there are no bankruptcy filings as yet. Can they just blow off suits this way? Basically, what I really want to know is: Can I still get paid? Also, can I join their new name to my suit? I just want to make sure that they can't slip out of m
  7. I believe that paid collections in NY can be removed after 5 years if they have been paid in full within 5 years. There's a link to the law in the original post. Read it for yourself to be sure.
  8. Here's a hypothetical question... I sue the CRA. They get angry and reinsert a bunch old, dusty crap on my report. I want to amend my complaint to ding them on the retaliation because I think it's wrong. 1. They've inconvenienced me, but assuming they reinsert valid stuff and notify me within 5 days, what law have they broken, if any? 2. Also, is there a limit to amount time they have to reinsert a "deleted" or "blocked" item? For instance, if I had some stuff "deleted" 2 years ago, can they still reinsert after all this time?
  9. I think you misread my post or don't fully understand the question here. I want to sue the CRA for two transgressions. One is a state transgression and the other is a federal. I would sue them in federal, listing the federal violation as the predominant issue and add the state violation as a supplemental claim. I've done this several times in federal court with no trouble, except in those cases the state violation applied to my current state of residence law. With that in mind ... My only question is this: can I use this methodology to sue in State X's federal court when the state violatio
  10. I think you misread my post or don't fully understand the question here. I want to sue the CRA for two transgressions. One is a state transgression and the other is a federal. I would sue them in federal, listing the federal violation as the predominant issue and add the state violation as a supplemental claim. I've done this several times in federal court with no trouble, except in those cases the state violation applied to my current state of residence law. With that in mind ... My only question is this: can I use this methodology to sue in State X's federal court when the state violatio
  11. Yes, of course I paid it! I understand how the rule works. Gimme some credit will ya?! Now, tell me, come on. Re-read my other post. Can I sue in Federal in my current state of residence?
  12. Yes, of course I paid it! I understand how the rule works. Gimme some credit will ya?! Now, tell me, come on. Re-read my other post. Can I sue in Federal in my current state of residence?
  13. Alright. I'm ready! Here's what I'd like to slam them for: 1. Continuing to report the judgment after it was obsoleted by the five year rule. 2. Failing to respond to my procedural request (they sent a form letter "we have ways... and stuff"). I now live outside of NYS. Can I sue the CRA in federal court for not complying with NYS law?
  14. Alright. I'm ready! Here's what I'd like to slam them for: 1. Continuing to report the judgment after it was obsoleted by the five year rule. 2. Failing to respond to my procedural request (they sent a form letter "we have ways... and stuff"). I now live outside of NYS. Can I sue the CRA in federal court for not complying with NYS law?
  15. I asked because I was reading these guidelines for credit reporting (http://www.cdiaonline.org/metrofaq.cfm) and it mentioned something about how to deal with check payments to CC's that are returned NSF or what have you. It clears advises the furnisher to report the delinquency off of the date when the payment was due, not when the check was returned. For example: Your payment is due on the 18th. You make a check payment on the 14th. The check is returned on the 23rd. According to the CDIA guidance, in this example you are past due as of the 18th. You will be 30 days past due at or about t
  16. If you write a check to a merchant and the check is NSF or stop payment, when is the first date of delinquency? a. the day you wrote the check, b. the day the check is rejected as NSF or stop payment The hypothetical scenario is, let's say you write a check on January 1. The merchant doesn't deposit the check until February 3. The check comes back to merchant on February 10 as NSF or stop payment. What's the date of first delinquency?
  17. Different states have different rules regarding how long a judgment will stay on your report. I would dispute this information to dislodge it. However, I wouldn't send them any documentation whatsoever that proves this is a valid judgment. The credit bureau will only use it against you to keep it on your report. DENY everything. You didn't do it. It's not yours. In fact, the information is wrong. How is it wrong? Who knows, it just is. The amount is wrong, the date is wrong, your name is wrong, whatever. I would start with a simple "Not mine" dispute.
  18. I've heard of it. It's called a scrivner's error aka "typo". You may be able to get the judgment vacated/set aside, but it would probably be re-entered in short order unless you have some other evidence to win out. In the future, don't do what you did here. (If you can understand that.) No one would ever sue someone for $0.00. It's obviously an error. This is a big "uh oh" for you. Do you have any other defenses to this?
  19. I won a judgment against the CA. They paid me last year. Now, they want a W-9. They never mentioned it before. Is this reportable income, you think?
  20. I think the point I really want to drill down on is this: Can a CA ruin your credit report with a proof-less claim without incurring liability?
  21. Oh, I'm not talking about a new "Reported On" sort of thing. I'm talking about the old "Date of Last Activity" jumped into the future by several YEARS trick. I believe it's totally in retaliation. I mean, it was one thing one day and then after they got served, it changed completely.