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Everything posted by joeyjoe68

  1. the thirty days is almost up. still no response. what would be my next step if they do not respond?
  2. I know all courts are different on how they work, but does anyone have any idea on what i do to get this thing on a calendar? I would think i would just have to see the master calendar person, but i dont know for sure. When i asked the gal at the court house she said she couldn't tell me and i have looked all through the court rules and cant find anything.
  3. he may have a case, but what it sounds like to me was that he pissed off the judge by not standing. SOunds like the judge took the frame of mind that if he wasn't going to respect the judge and the court then the judge wasn't going to grant him the right to speak. Sorry to say, but i beleive that i judge can do that, and with the "good 'ol boy' network in the courts, he may have just screwed himself. I would guess that if he would have respected the court and the judge he may have gotten what he wanted. Many judges will deny alot of motions like that so that both sides have the right to speak and in this case the attorney would have to explain why he didn't follow the judges orders the first time.
  4. are you aware of any violations they may have committed?? If so, you might want to send them a nice little letter stating the violations and that you have no problem bringing it up in court.....that is unless they really want to settle with you. Then you say that you want it dismissed with predjudice and in writing. You obviously have the upper hand with them so push it a little bit. they should owe you something for the past nine months of trouble when they didn't have anything for the case. If you had to pay any court fees, ask for those back too as well as postage and gas money.
  5. so after filing the motion for summary judgment i did some asking to find out what would happen next. Now i find out i have to go file a motion to get the file on the calendar. It was never placed on the calendar and hasn't even been given a dept. yet. I still mailed off a copy of the motion to the attorney today though. My thinking was that if he sees the motion he may not want to get on the calendar and offer up a settlement.
  6. good info. thanks. by the way, i grew up in your neck of the woods.
  7. so i decided not to send the letter after all. I just amended the answer again and listed the attoorney in my counter-claim for the violation and a small amount of punitive damages. filed the new answer as well as my production of documents and my motion to precluded and for summary judgment.
  8. Ok good, thats what i thought. I have one OC who is reporting different info to all 3 CRA's. If they have sold the account and dont actually have the info they are reporting anymore they have to delete, correct?
  9. So what if you dispute with CRA's regarding an OC's reporting of different info to the different CRA's, and the OC sends a letter back to you saying the account was sold and that you need to talk to whoever owns the account now. WOuld you send a 623 to the OC then?
  10. no, no sign up fee.........just a straight $1000.00.....that's how i hook em....by waiving the fee.....oh and not being held liable for anything that might happen in court
  11. isn't filing a lawsuit without having any paper to back it up a little extreme??
  12. but i still charge a $1000.00 to write them up:p
  13. I have it here.....i will write up the papers for them to file......only cost them $1000 for me to do it.....but it comes with the stipulation that once i send them the papers, they're on their own8-)
  14. also check your local district court sites. many of them have self help forms you can just fill in the blanks for.
  15. I would also find some way to start recording those ohone calls if you can. tell the guy your recording him, and start building your case now. Keep track of dates, times, places, names and anything else you can think about. The first thing i though of when i read your post was this case could turn in your favor if you do it all right.
  16. EXACTLY!!!!!!!!!! HEY CAP1KID.....go read this thread for the NEWB's (Attn Newbs ( 1 2 3 ... Last Page) it's on this board before you do ANYTHING else.....but if you dont want to waste your time LEARNING some stuff first....then i suggest you go to the court and file lawsuit TODAY and let us know what happened.:evil:
  17. ahhhhh you very wise grasshopper......... i am sending the attorney a letter as we speak informing him of his wrongdoings and that he better fix his mistake ASAP. See below After a recent check of my credit reports, it has come to my attention that your law firm has obtained a copy of my credit report. This credit report was inquired for and received on May 5, 2008. I have not given you, your assistants or any else in your law firm any permission to receive a copy of my credit reports. The fact that you have done so without my permission is a clear violation of the FCRA Section 604. Since it has become quite clear to me that you (or whoever it is that you have actually working on this case) have little knowledge of the FCRA (as well as FDCPA) I have included the Section 604 mentioned above for you to read: § 604. Permissible purposes of consumer reports [15 U.S.C. § 1681b] (a) In general. Subject to subsection ©, any consumer reporting agency may furnish a consumer report under the following circumstances and no other: (1) In response to the order of a court having jurisdiction to issue such an order, or a subpoena issued in connection with proceedings before a Federal grand jury. (2) In accordance with the written instructions of the consumer to whom it relates. (3) To a person which it has reason to believe (A) intends to use the information in connection with a credit transaction involving the consumer on whom the information is to be furnished and involving the extension of credit to, or review or collection of an account of, the consumer; or ( intends to use the information for employment purposes; or © intends to use the information in connection with the underwriting of insurance involving the consumer; or (D) intends to use the information in connection with a determination of the consumer's eligibility for a license or other benefit granted by a governmental instrumentality required by law to consider an applicant's financial responsibility or status; or (E) intends to use the information, as a potential investor or servicer, or current insurer, in connection with a valuation of, or an assessment of the credit or prepayment risks associated with, an existing credit obligation; or (F) otherwise has a legitimate business need for the information (i) in connection with a business transaction that is initiated by the consumer; or (ii) to review an account to determine whether the consumer continues to meet the terms of the account. This pulling of my credit report can only be seen in only one way and that is that this was and is a malicious attempt to hurt my credit score and credit worthiness in the eyes of future creditors. Because of this egregious error on your part, I feel the need to also remind you of FCRA Section 619 § 619. Obtaining information under false pretenses [15 U.S.C. § 1681q] Any person who knowingly and willfully obtains information on a consumer from a consumer reporting agency under false pretenses shall be fined under title 18, United States Code, imprisoned for not more than 2 years, or both I am giving you one chance to fix this obvious error on your part. Do what you need to do to have the inquiry removed from my credit report immediately. Should you wish to claim that you had permissible purpose to pull the report under the above Section 604 (a)(3)(A), then I would like to remind you that you have not yet validated the debt in question which would then put you in violation of FDCPA Section 809 for “continued collection activity without proper validation”. I have sent you no less than three different requests for validation and two requests for discovery. You have responded with nothing. I have given you ample time to clean up your mess and you have clearly refused to do so. I am not playing your games with you. I have noticed in the past that your office has received some of my prior mailings on Saturdays. I am sending this letter out to you on Friday, May 09, 2008 from Henderson, NV via United States Postal Certified Mail with a return receipt. That means your office will receive it on Saturday May 10, 2008 or at the very latest on Monday, May 12, 2008. Either way, if I do not receive a response to this letter by Tuesday, May 13, 2008 then I will assume you have again ignored my requests and will proceed with the appropriate court action.
  18. personally, i would just sit on it for now. SInce they deleted the account and you filed the complaints and DV'd them, they probably realize they are not playing with a dumb consumer. Chances are they wont do anything else with this and will probably sell it off to someone else. What iwould do (and have done with them myself) is just wait it out and let them do what they are going to do. If (as in my case) they want to continue to report on one of my reports dispite numerous diputes and continue with collection activity, well then i say let them add the violations on up. If they go away, then there is nothing to worry about.
  19. and, i may be wrong all the way on this, but check with your courts, if they file an appeal, you may be able to quash any discovery they should happen to bring up, since they didn't do it the first time around. any thoughts anyone?
  20. the more i thought about this, i would think that no matter what their reason for the pull is, it would probably still be in violation because i would think it would be considered "continued collection activities" and they have yet to validate the debt.
  21. joeyjoe68

    Attn Newbs

    I too agree with the that theory....although alot of the time you have to BUILD that defense before you can turn it into an offense. If you follow the rules, then i can say through my own experience that the bad guys will ALWAYS hang themselves and THAT'S when you turn it wround on them. They're onlyn in this for the quick buck themselves....usually, by the time it has gotten to the ones who will sue it has already gone through several other companies and since you never responded or paid the ones before they think they can just file and collect......if you play it right, they pay you instead.....but the key as i said before is PATIENCE and timing.....in my case right now i have their attorney running raged trying to figure out what to do with my counterclaim....and thats because he is never in the office and lets his little assistants do all the work and unfortunately for him i think i i know about this stuff then they do.
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