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About montanatim

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    142nd fastest gun in MT


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    Not an attorney
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    study law, shooting/handloading, creation science
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    All around nice guy (except to my wife)

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  1. If it was a simple dismissal then they can still try to collect or even sue again. If it was dismissed with prejudice then they are dead in the water legally. In the later case if they attempt to collect I would send them a FOAD letter along with the C&D. In the former case either try the DV if you like or go straight to the C&D. If you send both at once you will seem confused to them. First order of business is to determine if it was dismissed with or without prejudice.
  2. The hard part about appeals is that in some jurisdictions the appellate must post a bond equal to the amount of the judgment in order for the appeal to proceed. I suspect that this is probably the hard position the OP is in.
  3. Part of the reason they wouldn't like the freeze statute is, that many JDB's and collectors use credit bureau reports for a large amount of their skip tracing.
  4. I don't know if this will "clarify" things or not but... One of the defenses we have against JDB affidavits is that they are hearsay. So when DV-ing a collector, and they send "verification/validation" from the JDB, don't hesitate to fire off another letter telling them that- their attempt at "verification/validation" contains nothing but hearsay from the "client" and to try again if they wish to. I have used this tact before and non of the collectors has bothered me again. One of the debts was resold and I was contacted 6 to 8 months later by the new team, adding another layer of separation in the chain of title. The new team went away too.
  5. Ah, but, The matter is admitted unless,within 30 days after service of the request or within such shorter or longer time as the court may allow, the party to whom the request is directed serves upon the party requesting the admission a written answer or objection addressed to the matter, signed by the party or by his attorney; but unless the court shortens the time, a defendant shall not be required to serve answers or objections before the expiration of 45 days after service of the summons and complaint upon him. The sticky part is: If they are serious, when you file MTD on these grounds they will simply file for an extension. .
  6. Put to rest any fears on the 11-1-06 date showing on your reports. This just shows that the account (fraudulent or other wise) was opened in their books as of, or on that date, or was at least showing on their books on that date from whenever they bought it. It does not show that you opened an account with them. (They opened the account in their books after purchase) Someone already addressed this when they said that the SOL is running regardless of the date the JDB shows. Perhaps not as in depth of an answer as you needed. If you have bank records that show you paying up to the date of your last payment, and then nothing from that date forward that could do it.
  7. Not trying to be sarcastic here....but....What do you expect a judge to say when you tell him/her "Gee your honer, I just don't have any money, I can't afford to pay any of this."? Perhaps..."Alright judgment creditor, This poor sot can't pay, therefore your judgment is worthless, judgment vacated, case closed!" I think it will be a very disappointing experience, but you could motion the court and request a hearing on the financial review.
  8. If you have access to the court house, I suggest you go look at the file from your hearing. In MT. they can contain notes/memorandums of what the judge said to one of the parties. In any case, I would motion the court for an order to compel the attorney to provide the statement as directed by the court. Hopefully there will be a record of the directive in the case file.
  9. If your house is the only asset that worries you, look into filing a homestead on it. As far as I know it is available to most if not all. Ask your county clerk, it is usually a simple easy thing to do and will protect your homes value up to x amount of dollars.
  10. Do you have something other then your assertion, that their recording for themselves, constitutes their permission for you to record as well?
  11. I'll post a link hope it works. Check out Title 9. Yup, just tried it, works. .
  12. Be careful. In many states you must have the permission of the other party to a call for the recording to be "legal" or admissible as evidence. Once you start asking permission to record they will most likely hang up, or will at least be on their guard.
  13. If they have a judgment against you already you file the motion to vacate first. If the motion is successful then you will most likely be served the complaint and will have to fight it out. If you have access to the complaint in the court file have an answer ready to file. Requesting documents, (discovery) does not come into play until you can file an answer with the case re-opened.