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About benb

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    Impressive 100+ postings

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    Minneapolis, MN
  1. victim was the us government. wasn't fraud or theft or damage to property. It's for the cost of an audit in which everything was found unaltered and no damage. as for how the victim feels, i'm fairly certain the victim is without feeling and emotion of any kind and my restitution is a matter of formality.
  2. I'm dealing with a restitution issue (about $13,000 out of $20,000 still owed). In 2002 my monthly payment was set at $50.00/mo. The prosecution sent me interrogatories along with requests for documents and statements, basically concerning how much I make, what my monthly expenses are, and so on. I spent 6 days straight getting this info together, and hand delivered 750 pages to them yesterday, a day before the 30 days were up. My question is this, what happens next? Is it time to go before the judge and they say "your honor, we want him to pay more..." and I say "your honor, I see no reason t
  3. Hello, I have been sent a file 'Interrogatories by Judgment' by the federal government (plaintiff is United States of America) composed of 30 interrogatories. My question is this - can I object under FCRP 33(a) to the number of interrogatories being more than 25? Federal Rules of Civil Procedure 33(a) states: Without leave of court or written stipulation, any party may serve upon any other party written interrogatories, not exceeding 25 in number including all discrete subparts, to be answered by the party served or, if the party served is a public or private corporation or a partnership or as
  4. To get everyone involved (CA, CRA, etc) "on the hook" for possible legal action, you must *first* dispute it (either US Mail via CMRRR or online and PRINT THE SCREENSHOT confirmation) with the respective credit bureaus. Then you hurry up and wait for a response from the CRAs (experian, equifax, transunion) and possibly a response from the CA. Any further course of action is based upon the responses you recieve as a result of the above first step: If and/or when the CRAs finish their investigation, you then write a letter to the respective CRAs as to the Method of Verification, which they will
  5. does anyone have a copy of this or have it still in their cache???? i want to read this.
  6. Thomas J. Lyons Lyons Law Firm P.A. in Minnesota
  7. over an issue I had with capital one breaking their settlement agreement with me by reselling the debt to (in this case, to NCO) in which they were prohibited from doing by the agreement. this lawyer is willing to take my case on contingency, and is tripping over himself to sign me up. All he does is FDCPA and FCRA work. i was going to originally file in small-claims again, but thought i might make a couple calls first. i did research this lawyer on PACER and found that in 99% of his cases he files, the defendant either settles or he wins a judgment. maybe I have something here...?
  8. Depends if you want to sue in small-claims or district/federal. In Minnesota small-claims, I have personal experience. 1. First I drive to the county courthouse and go up to the Conciliation Court Clerk window and talk with the angry old woman who should have retired 30+ years ago. 2. I then ask for a Complaint form to fill out. 3. I then fill out the Complaint and hand over filing fee to the clerk who tells me I can't sue for this and the judge won't buy it and I'm just wasting my money. 4. I then tell the crotchity old woman that I'll take my chances and she grudgingly swears me in. 5. When
  9. hit refresh; i was typing when you replied. I think if you can squeeze $1000 out of them in settling, you are doing good.
  10. most likely they are looking to settle. When I get a CA to settle with me, I demand two things on top of the money: 1. Delete record from my CR's 2. Cease & desist any and all collection activity, including but not limited to, resale of the Debt As for the money part, see what they are willing to offer. Is the money more important than the terms you want regarding your CR? High ball them and go to court. If you will settle for $500 to $1000 plus the above specifics, take their offer and run. keep in mind that lawyers will tell you that most times going to court is a crap shoot at best.
  11. Send both a DV along with a Cease & Desist via CMRRR, and would also be a good idea to let them know about the bankruptcy in writing as well. You need to give them enough rope to hang themselves. They will do one of three things: 1. Continue trying to collect, thus violating FDCPA 2. Cease collection and file a suit as a scare tactic (not uncommon, especially that the overwhelming majority of collections-suit victims let it go uncontested, even if the CA is wrong in doing so). 3. No longer contact you again. Translated: they know the gig is up but won't admit it.
  12. I suspect that is the website author's opinion and speculation most likely based upon the desire that it be so. I'm just basing my thoughts on what I read on PACER.
  13. PACER has every filing. This wasn't a standard "income tax is unconstitutional" defense from what I gather. It is related to how the 1040 is an invalid government form under the PRA. here is the case summary: Case Summary 1:06-cr-10019-MMM-JAG USA v. Lawrence Date filed: 03/16/2006 Date terminated: 05/12/2006 Robert Lawrence (1) Office: Peoria Filed: 03/16/2006 County: McLean Terminated: 05/12/2006 Reopened: Other Court Case: None Count: 1-3 Citation: 26:7201.F Offense Level: 4 26:7201.F: During 1999 Dft had taxable income of $51,679.00 and owed $10,275.00 but failed to su
  14. why did the prosecution move to dismiss the charges with prejudice then? I mean, they could have even chose 'without' prejudice.