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Slippy

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  1. Thank you for the example, I will be sending it out this week.
  2. Well, I did contact the OC. They were very nice and understood my problem, however they did sell the debt and can not recall it. She sent me the info they had for contact which is correct (even though I never received anything from them) and she however suspects the CA has my physical and not mailing address. I then called the CA and they want to record everything. I advised I do not consent to recording, with the CA stating they could not help me unless they can record so I hung up. I do not want the recording to admission of the debt in case they deny a PFD. If they will not delete then I can consider another angle and fight them on it. I can always send a PFD agreement for them to sign stating there is no admission to debt but will pay to have it removed and see if the accept.
  3. Clydesmom, Thanks for the info. I used this board several years back. A CA hired a local attorney. I studied this board and learned a lot, enough to bring a counter suit and I was awarded judgment!! The thing I remembered the most was never attempt contact with CA, unless basically it's the only resort. Thanks for the refresher. I will contact the OC and see what they say.
  4. The OC is a medical portable test device company and the CA is BYL services in the amount of just $300.00We do owe the debt, however there is a mix up at the OC end. They shipped the device to our physical address and then when billing time came, the insurance paid their portion and the OC, unbeknown to us was sending the billing of our portion of the balance to our house address, but we only can receive mail at our PO box.They had that info but who knows what happened. The US mail will send it back stating "no such address". One wold think they would attempt looking for my correct mailing.My wife on her cell phone (not the listed home phone) received a few calls and we never put it together asking for me due to a personal matter. She assumed solicitation so never called back. Just a few weeks ago I found on my CR there is a collections account from BYL services for the balance. Not sure how to approach this. I don't want to just contact the CA first and loose any of my rights.First thought a PFD, but I think the OC has some responsibility here.I still need to find if the OC sold the debt or if the CA is just works for the OC for a percentage. Not sure where to start with this one, idea's?
  5. In this case I beleive so. The main goal was to get the case resolved with prejudice in my favor. Overall time wise, I probably spent about 50 or so hrs on the case so far over the year. I have a very strong counter claim, (therefore thier wish to dismiss) but realistically probably couldn't get the full $6000.00 and maybe just 1000.00. I would have to have spent another 40 hrs or so to get ready for court and loose time from work and so on. So in my eyes I have prevailed at this point.
  6. This is very helpful as well. I'll sign off the stipulation and send it out!
  7. Ok this makes sense and I doubt they want to go down this path again with me as well. Thanks
  8. I went through a lot to get to this point and was concerned it could be sold again and then have to start all over again.
  9. I just pulled my CR from all 3 CRA's and they pulled it off a few weeks back (not sure why). BMC100, so do you feel since it's with prejudice it won't pop back up again with another JDB? The OC never reported it on to the CRA's lucky for me. Thanks for all the replies.
  10. Not understanding statutory relief, I goggled with not any useful information. Could you please explain this.
  11. Been over a year now since this whole process started. I have kicked and fought the whole way and as well put the plantiff to work and on the defense my counter claim (FDCPA Violations). It comes down to this now. The Plantiff, a JDB would like to dismiss the case and has supplied the following document for me to sign and the court to approve. ORDER ANS STIPULATION FOR DISMISSAL Plantiff (their name here) by and through its council (atty name here), and the defendant (my name here), pro per, stipulate and agree that all claims of all parties in this case be, and hereby are, dismissed with prejudice, with each party fully releasing the other and agreeing to bear their own fees and costs. ( place here for signatures and my notary on my behalf) and for the Court.... ORDER Upon foregoing stipulation and goof cause therefor, IT IS HEREBY ORDERED that this case be, and hereby is, dismissed, with prejudice, with each party to bear their won fees and cost. IT IS SO ORDERED (Place for judge to sign/date here) I wanted to add the following to protect myself in the future in regards to the alleged debt. The Plaintiff so agrees to: A. Delete the trade line from the credit bureaus within 30 days of this agreement and never be reported again or put back on after deletion. B. That this debt be fully extinguished and not sell, transfer or reassign this account/debt to any other parties. C. fully release the defendant from all claims related to this debt, past present future. D.Not discuss the alleged account or terms with any other party or company. What are your thought, anything missing and should I through them back a bone in that I agree not to after them for anything else?
  12. Interpreting the rules is what it's all about. So in my OP above does this mean I can no longer ask for any discovery information? (30 day limitation) Since I need to move this case along I will either put them back to work chasing paper work down for me (more discovery request) to prove their case or ask the court for a trial, since no action has been taken in 5 months from plaintiff as I stated in another thread.
  13. They have not asked me for anything or any request. Nor have they provided all documentation other than I requested. Such as bill of sale from the OC when they purchased the debt etc.
  14. The OC has sold it off. The CA hired a local attorney since they are in a different state. It's ridiculous, as the time I have tied up the local attorney must have far exceeded the $650.00 they think I owe. The local attorney probably gave them a flat rate price to collect and did probably not expect a fight and were looking for a default. My assumption is at this point the local attorney has said you need to pay me more to the CA and they are in limbo land on it now since they can not drop the case, since I have a the pending counter claim. But I need to move on on get this over with (been about 1 1/2 years) and also get it off my credit report. I feel my counter is very strong since I have recordings and documentation, yet the plaintiff has yet to ask for any of it for discovery and it is well past the rules 30 day time to even ask for it.
  15. The NJCRCP state: RULE 16.1. MANDATORY PRETRIAL DISCLOSURES AND DISCOVERY REQUIREMENTS FOR CIVIL ACTIONS (a) Exchange of Documents; Witness Lists. Within 30 days of the filing of defendant’s answer (or the last defendant to answer), the parties shall exchange: (1) All documents then reasonably available which are then contemplated to be used in support of the allegations or denials of the pleadings filed by that party, including rebuttal and impeachment documents; and (2) A written list of persons, including expert witnesses, then known to have knowledge of any facts relevant to the allegations of any pleading, including rebuttal or impeachment evidence, stating for each person so identified, that person’s name and address and a general description of the subject matter of such knowledge. The plantiff did at the last minute respond to my discovery request, however at no time have they asked of me for any discovery pleadings etc... So does this mean the have not "followed" the rules as stated above and ask therefore ask for dismissal?
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