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About flycouture

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  1. Put your best lawyer / pro se foot forward. The courts didnt cut me any slack... At Alll!
  2. Hey all! I'd like to hear your thoughts on tolling the sol in a fraud case. I want to make sure I am thinking outside of my own POV. Unifund committed various forms and acts of fraud in their case against me and the court. They finally withdrew their case and the fraud was abated. If I am correct the sol starts at the time of abatement, right? Thanks in advance!
  3. ABBY 12, see this case regarding bos,
  4. I have a walk away offer from Unifund. I denied it as well. False documents and lies. Don't take their crap. Standing up to them and them losing will stop them from continuing their tactics. Great job David9041!!
  5. The motion for sanctions should be filed as a stand alone motion, not combined with any other motion or pleading. It should also be served via certified with return reciept upon the opposing party 21 days prior to filing in court. This gives them a chance to withdraw their complaint. Keep in mind you must explicitly state which actions warrant sanctions and just because they withdraw doesn't mean their previous actions aren't grounds to be sanctioned. "Just a thought, not legal advice!"
  6. Didn't NCO have to pay the FTC in 2004 1.5 million? There on the list again? I can't wait to see the outcome of this one for Unifund CCR.
  7. Michigan has a provision for the prevailing party to be awarded sanction if they can prove that at least one of the conditions you mentioned were met. Look at your court rules. You have to do what is best for you. If you think it's worth it and you won't regret it later, than go for it! Good luck on whatever you decide!
  8. Congrats, I love it when a plan comes together!
  9. I thought that too, but my judge was a joke. *Note, never assume the judge will exercise standards of law. Contest everything on the record!*
  10. Congrats - I love it when a plan comes together!
  11. The same standard of law is used to refute the credit card agreement as account statements. Compare Discover Bank v. Poling, Franklin App. No. 04AP-1117, 2005-Ohio-1543, where Discover provided the trial court with the application and with the card-member agreement that was sent to the defendant when his application for credit was accepted. Id. at ΒΆ13. The trial court at a minimum should have required that Unifund and Mr. Graff explain and lay foundation to the origin of the credit card agreement; see Discover Bank v. Poling, Franklin App. No. 04AP-1117, 2005-Ohio-1543, Discover Bank C/O DFS
  12. The existence of a contract was never proven. "To prove a breach of contract claim, a plaintiff must show 'the existence of a contract, performance by the plaintiff, breach by the defendant, and damage or loss to the plaintiff'". Nilavar v. Osborn (2000), 137 Ohio App.3d 469, 483, quoting Doner v. Snapp (1994), 98 Ohio App.3d 597, 600. A cause of action for an account stated requires allegation and proof of three components. The first is that there was a contract between the parties, such as a credit card contract for the sales of goods or services. The second is that a statement of account w
  13. Sorry I have to copy in because it is too large to attach. Good Morning Your Honors, "Have you read the appellant brief, your honor?" "Would the court care to take a moment now to review the brief now?" I would like to read my offer of proof so that the record can be preserved in case an appeal is needed. 1. I filed my counter complaint on September 7, 2007. M.C.R. 2.108 A and B clearly states that responses and motions which object to a pleading must be filed within the time for filing the responsive pleading or, if no responsive pleading is required, within 21 days after service of the plea