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Everything posted by unusualsuspect

  1. Yes, but the burden is always on the Defendant to prove that they have been sued in the incorrect venue.
  2. I'd ask for a dismissal in return for the settlement-just my thinking. You never know what is going to happen in the future... I'd negoitaite something a bit more in your favor-- maybe payment applied to principal with 0 prejudgment and stipulated interest, $100 in attorneys fees and court costs.
  3. Read my post -- "It's All Over." It settled out of court and I can no longer talk about it publicly.
  4. That's correct... the Court in that case ruled that the CA cannot violate one section of the FDCPA (by not identifying the message as being from a debt collector) to keep from violating the other (3rd party disclosure). Two of my lawsuits during my 2009 Holiday Good Wishes Campaign are on this very point. One CA gets a default judgment tomorrow. The other filed their answer and we have tested the waters as far as settlement...
  5. That's why the person you spoke with is a paralegal... could you imagine if that person actually passed the bar??? You can be sued anywhere, but the court has rules on the cases it will hear. Most courts will hear cases where some sort of injury occurred (ie. breach of contract in Sacramento County would be heard in that county and not in LA). Just to be on the safe side, file a motion to vacate and base it on CCP Sec. 396. Calendar the motion and send it to the Plaintiff...
  6. My LVNV case is over... we were able to come to an amicable settlement after some strong arming on my part... Needless to say I can no longer talk about it... but I will be taking a nice cruise with their check.
  7. If all goes well, I'll have a KnowX account next week...then I'll really be dangerous.
  8. You'll need to write a letter to Pinnacle summarizing your conversations... give them 30 days or so to delete. If they don't then I'd start thinking about an FCRA violation.
  9. The SOL on CC debt in OH is really long ( thinking 7+ years...). Check w/ court and verify this is a real case. If not then you've got an easy FDCPA violation... if it is then-- Answer complaint and deny every count. You'll have 20-30 days to file answer w/ the court.
  10. Midland bought the account -- that's their SOP. I'd do 3 things right now: 1. File for traverse motion- just because (it may be valid service, may not be - but go through the hoops... who knows they may not show and then ask for a dismissal). 2. File answer on Jan 22nd right about lunch time... 3. Send discovery on Jan 23 - I'll post my interrogatories later today when I get back to home office.
  11. One does not need a license to operate a collection agency in CA... however unauthorized practice of law, violations of the FDCPA and/or Rosenthal always occur with them... Don't ignore them. DV them and document all interactions with them... at the very least you can get them on 1 FDCPA violation (misrepresentation of their status as a law firm). Compound that with a Rosenthal violation and seek treble damages too!!
  12. I got the same result... but I'm still waiting for my moles to run down owner info for Jacobson and Marval. It could be that this person is an employee or somehow tied to them... JAMIE GEBHARD (716) 625-4173 5314 OAKWOOD DR NORTH TONAWANDA, NY 14120 /// They're all landlines from the same switch I posted earlier... meaning it's generally an area of 1 square block to 5 square miles (depending on urban density). I'd guess that it's a matter of a few blocks.
  13. Nevada may be a conservative state, but both parties pick the people to hear the case... so essentially, you can stack the deck against the creditor.
  14. I'll help you as best as I can (I'm more familiar w/ CA and AZ)... Check to see if leaving a summons on the door counts as valid service in NY. If it does not, then file a motion for a traverse hearing. 1. You have to answer the complaint within 20 days of being served. In your case no later than Jan 22nd. Before your answer, call the court or go online and search for your name. Make sure this is an actual case. If it is, then answer. 2. Your answer will be to deny every count they allege in their complaint. Your court may have pre-printed forms for you to use when filing your answer. One of my dirty tricks is to file the day the answer is due... this makes the other side think they won a default only to be denied... then the very next day, snowball them with discovery.
  15. Don't worry about MNK... if you live outside NY there's really nothing he can do... If he persists, then file a complaint with your state bar for unauthorized practice of law. If he still keeps going, sue for FDCPA violations.
  16. Brachfield dismissed because you put up a fight... she's a typical JDB lawyer- wants volume and hates those who answer their summons... costs her and Midland time and money! I'd investigate to see if there's a FDCPA violation there...
  17. This is becoming more common... as 2nd lienholders are being foreclosed on and losing, they are starting to come after the borrowers. The best way for us to help is to answer these questions: 1. Is this a primary home or investment property? 2. Is your state recourse or non-recourse? 3. The amount claiming they are owed? As more servicers and "investors" acquire bad mortgage debt and violate the FDCPA, there's a ripe new group to be suing... (just my opinion).
  18. 5314 is a farmhouse...I'll run it down through title records to see who the owner is...
  19. If you were sued in 2008, it should be administratively dismissed for lack of prosecution. Your time is best spent on pressing that issue.
  20. The 401k is untocuhable... you dont have to worry about that.
  21. My research has led me to beleive that 716-923-7408 is tied to Marval and Associates... their switch is BFLONYSEDS0... It's now a very limited area as far as that goes... usually a few square blocks.
  22. WHEREFORE the Defendant prays the Court grant the following: 1. An order compelling Plaintiff to produce all items in the Defendant's Request for Production dated xx/xx/2009; 2. Any other relief the Court deems appropriate.
  23. Your sample... The Plaintiff has brought suit against the Defendant in the wrong venue (California Code of Civil Procedure (“CCP”) §396). The Defendant does not reside in Fresno County and has not maintained a residence in this County. The Defendant currently resides in the City of Oxnard, County of Ventura. The case is not subject to the Court’s jurisdiction because it does not meet any of the criteria as codified in CCP §395(:  The Plaintiff and the Defendant never signed any contract or other form or type of agreement in this County;  The Defendant did not live or maintain residence in this County at the commencement of legal action. WHEREFORE, the Defendant prays the Court grant the following: 1. The Plaintiff take nothing by way of this suit; 2. That the entire case be dismissed with prejudice; 3. Any other relief the Court deem just and appropriate Be sure to change to make appropriate to your situation...
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