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About ldk007

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  • Birthday 01/28/1982


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  1. LOL, no. It's none of those banks. It's a major OC.
  2. Okay... Now I've run into a problem. As I mentioned before on this board, I was sued LAST YEAR IN OCTOBER by a JDB through their scumbag attorney. Throughout the entire span of the lawsuit, I received NOT ONE shred of documentation. Until now... Today, I received two affidavits from the JDB that were SIGNED AND NOTARIZED LAST YEAR. These affidavits talk about the "indebtedness and the ownership" of the account. Then to make matters worse, it's accompanied with a few card statements along with yet another affidavit signed and notarized by an alleged employee from the OC. This affidavit, however, puzzles me because it was also SIGNED AND NOTARIZED LAST YEAR—or so it states unless the date has been falsified. My question is this. After over a year of almost no activity, WHY on earth would they attempt to submit this documentation when they had such a long time to do it? Right now, I'm a bit overwhelmed and I don't know exactly what to do. I did however, look through the statements and saw a web address for the OC and looked over the terms of the credit card and saw that this dispute can be taken to arbitration. But I don't have the terms of agreement that show the actual provision from the Agreement. Should I subpoena the affidavit creator of the OC? Should I try to invoke arbitration? I think I'm doomed. But maybe somebody can advise me on this one. Trueq, do you have a suggestion?
  3. Debt validations, in my honest opinion, almost seem never work. If Asset Acceptance can't seem to properly validate a debt they claim you owe them, then WHY settle with them? If some lowlife off the street came to your door and said, "You owe me $20,000. But I'm willing to settle with you for $8,000." Would you pay that person just like that without having been shown the proof that such a debt is owed in the first place? Um, no. Asset Acceptance is nothing but trailer trash—just like Midland, LVNV, Unifund, NCO, Portfolio Recovery, etc, etc, etc. If they rack up FDCPA/FCRA violations, then make them pay YOU.
  4. This is an interesting thread. Somebody please correct me here if I'm wrong. But this also seems to be a great way to screw a JDB's case as well. Not just for an OC who is suing. We have seen many cases where a JDB has exercised the arbitration clause against consumers before the downfall of the NAF. So if a JDB, out of stupidity, produced the terms of agreement (with the clause) and was able to prove that this was the original agreement through an affidavit from the OC, then a consumer can also exercise the clause which would totally screw their case. Right? If that is the case, the JDB most likely would try to wiggle their way out of it by 1) attempting to strike the clause which they would then be in breach of contract since they purchased the debt, or 2) attempting to prove that they now have the wrong terms of agreement which *could* put them into a potential perjury situation—providing all documents were authenticated by the OC. Either way though, I have yet to see a JDB prove a case with authenticated documents from an OC. But if it *did* happen and the consumer exercised the arbitration clause against the JDB and their case, it would cause a major headache for a JDB.
  5. LOL, I just love trueq. If I had a fraction of the brains that he has, I would have been out of debt a long time ago. Trueq, you seriously need to become a consumer lawyer. I'd pay top dollar for your services.
  6. The law still holds that they provide you legal validation if they intend to sue you. Make sure you file your Answer to avoid a default judgment AND file an FDCPA counterclaim against them because they jumped the gun. And Downto0 is right. DO NOT talk to them on the phone at all whatsoever. It will only make things worse for you because they will tell you everything under the sun that you do not want to hear just to upset you. All of your correspondence to them should be by certified mail only. What a bunch of slime balls.
  7. Thank you rikkivs for keeping your fingers crossed for me. I do hope that everything turns out alright. It IS a shame that I've had to put up with this for a year now. A year with uncertainty and NO documentation. Even though it's been hard, I'm happy that I decided to challenge them instead of giving in to them. As for judges, I don't mind if they are lenient. Sometimes it's a good thing when they are. But when when it comes to JDB lawsuits, they shouldn't be lenient at all. Our judges need to be informed of the hardball tactics that JDBs are bringing into our court system. If the majority of them realized the fraud they bring into their courtrooms, they would be hammered back into their slime pits in no time. If I was a judge, I wouldn't be a good one at all. Why? Because I'd be biased toward the consumer. LOL
  8. I could be wrong. But I believe I have this JDB attorney running scared more now than ever. He thought I was going to be a little push over. But when I stood my ground and fought back, he wasn't prepared to handle it. Now, he has no choice but to succumb to the fact that I have him (and the trailer trash he's representing) wrapped around my little finger. Right now, I believe that it's too late to file counterclaims because too much time as passed. But even if it's not, I won't file any now. Why? Because my claims against them (both the JDB and the attorney) now exceed the jurisdiction of the court (they are suing me in county court). And since this bogus lawsuit has been up in the air since last year with no real activity and therefore has proved to be nothing but a farce, I believe that I have a legitimate claim for mega damages in a higher court. I'm still being very cautious and there's still a slight possibility that I can lose the case. But if it gets tossed or dismissed (with or without prejudice), I'm going to get an attorney and file a jumbo lawsuit in FEDERAL COURT against the JDB and their puppet attorney. Right now, they think I'm nothing but a shrewd, vicious SOB. But they haven't seen anything yet. Soon, I'll be slapping them so hard with a wave of formal complaints and grievances that their little heads are going to spin like a record at 45 RPM.
  9. Although I have yet to win the war against a certain JDB and their Kindergarten flunky attorney, I DID in fact win a battle that I didn't believe I could win. Here are the highlights to my ongoing case: 1. JDB attorney files bogus lawsuit (with no documentation) in hopes of obtaining a default judgment or scarring me into a payment plan. 2. Defendant files a nasty 3-page Answer. 3. JDB attorney stalls collection efforts and court proceedings for 8 months because no documentation exists in support of their claim nor can JDB counter Defendant's well written pleadings. 4. Judge gets tired and sets case for dismissal because JDB attorney fails to prosecute. 5. JDB attorney objects to dismissal and sets case for trial. 6. Defendant files a Sworn Denial. 7. JDB attorney pleads that it would be a waste of valuable time and would be too costly to transport his "witness" (hourly employee) to the location of the trial and therefore motions Court to allow testimony by teleconference. 8. Judge grants JDB attorney's motion for showing good cause. 9. Defendant files motion to strike testimony of Plaintiff's witness due to hearsay AND objects to testimony by teleconference. 10. JDB attorney files a simple but shaky (getting-ready-to-throw-in-the-towel) reply to the Defendant's motion. 11. Defendant strikes back at JDB attorney by filing another nasty 3-page reply citing numerous case laws. 12. Judge reviews ALL motions and replies. 13. Judge gets PISSED OFF at JDB attorney. 14. Judge rips JDB attorney and JDB for wasting Court's time and for violating Court rules by failing to provide documentation to support their bogus claim. 15. Judge REVERSES and STRIKES Plaintiff's motion to allow testimony by teleconference. 16. Judge GRANTS Defendant's motion instead. 17. JDB attorney is drinking vodka by the bottle while cursing Defendant and Judge. 18. JDB attorney STILL DOES NOT have any documentation—yes, even after a year of the filing and almost 3 years after the alleged purchase from the OC. LMAO!!! The JDB attorney was greatly depending on the use of a telephone for his "witness." But the Judge changed his mind and struck it down—I guess because I exposed their fraud -or- because he wants to put them on the spot. (???) Either way, I believe that this is a huge blow to them. Now, the JDB is forced to fly in a live, in-person witness to "testify" against me in Court if they want to "win." Keep in mind that this JDB lives on the east coast and I'm in rural Colorado. So here's the thing. If they are willing to spend the money to transport their "witness" to the trial, they're only screwing themselves even more. Why? Because I destroyed their credibility in my motions because I told the Court that their testimony is nothing more than hearsay so they know how they'll be attacked in court. Then to face the wrath of a judge who's already getting sore with them? Is all this really worth it for them now? Over an alleged debt that they probably paid like a couple hundred bucks for? Okay, so what about evidence? Well, this is how I see it. This JDB has NEVER shown me one document that substantiates their claim. They can't even validate what they're suing for. If this JDB did in fact have the proper documentation in support of their claim against me, then I would have been dragged into the court room like LAST YEAR. But they don't have anything. I know they don't because their dead silence verifies it. Then when I pointed out to the Court that they haven't shown me anything, they just sit there like a bunch of dummies avoiding the subject. And what happens if they made up some kind of evidence? Well, I know how to attack it because it's not original or authentic because no foundation has been established. I'm not going to jump to conclusions because I'm being extremely cautious. But I AM a little relieved that the judge is beginning to see that this JDB is a fraud. And while I'm not going to say that I've won because I still have a little more ways to go, everybody that I talk to now tells me that this suit probably won't go much further now and will probably be dropped sooner or later. So now, I'm contemplating on what my next step should be. Any suggestions? My gut instincts tell me that they're screwed. And they themselves know it too. And Discovery? Forget that. They won't want to go down that path. It's a long story, but the Judge and the moron already saw a copy of what I'd serve. It's 17 pages long and it gave him a sick feeling in his stomach. And if they served Discovery on me? I'm not worried in the least. Why? Because I already know what they'll serve me and therefore I know how to respond to it. But if they really want to tackle Discovery, I say bring it on. Ever since the Judge struck down their motion, they've shut up completely. They didn't even file a Motion to Reconsider. I never realized how powerful that Sworn Denial was until now. It was well worth the $5. And the Notary? When I see her, I'm going to have to hug her and give her a candy.
  10. LOL, thank you KentWA and calawyer for clarifying this for me. I filed more court papers to the JDB attorney a few days ago. Unlike him, I try to conduct my work professionally even though I'm no attorney. BTW, another consumer law firm got in touch with me. They've called several times and have left me several messages. I even got the chance to speak with two associates. They are requesting that I send them all the documentation/court papers in regards to this case. They believe that my rights have been violated under the FDCPA and are interested in assisting me. I can't believe it. A LAW FIRM shows an interest in MY CASE.
  11. I'm sorry calawyer. I may be having a blonde moment here, lol. But what do you mean by taking the opportunity to "SIC" some of their typos. I think I know what it means but maybe you can explain it a little better for me. And yes... The JDB attorney's paperwork is extremely SLOPPY. The last reply I got from them was filled with typos and punctuation similar to what I saw in 2nd grade. I can't believe that this type of work passes for a job that should be sleek and professional.
  12. My pleadings have been backed up by both facts and case law. That is why the JDB's attorney can't counter me.
  13. Guess what? A consumer attorney within my state contacted ME. I spoke with him for over a half hour and he wanted to know all the details about the case. He was extremely nice and helpful. However, I hardly doubt that he will be able to represent me because of distance. He's on the opposite side of the state. As I went into explaining how this alleged debt came about and what was being used against me, he told me that the JDB's attorney was making FALSE statements against me in court and that it was perjury and even fraud upon the court. I also told him that the JDB's employee was going to give hearsay testimony in court over the alleged debt. The man spoke my language. He told me that it was nothing more than hearsay—the same thing that I've been saying all along. As I spoke with this attorney, he kept telling me how well informed I was with the laws and the fraud that JDBs are known for pulling in court. He also told me, despite my aggressiveness and shrewdness, that he could tell that I was very irritated and distressed over this JDB. Because the JDB and their attorney was in violation of numerous sections of the FDCPA, he told me that he was in favor of filing a lawsuit against them in FEDERAL COURT. However, what posed a problem was the mess that I'm currently in—me being the defendant in a frivolous lawsuit in state court. I'm going to be filing some more papers against this JDB. As I said earlier, this JDB is starting to cave in so I guess we'll see what happens with this next set of paperwork. The JDB's attorney is really stupid and has no clue of what is going on. His pleadings are shaky and all he's doing is contradicting himself. I really do believe that he's giving up—but again, I'm not going to get comfortable with anything. As for the JDB, I won't dare mention their name because I don't know who or what looks at this board. But if you want a hint of who the JDB is, they are known for dismissing court cases at the last minute. Oh yeah... and they love to portray themselves as a 'creditor.'
  14. I'm so sorry that I'm being cocky. But I'm just so upset that I'm being taken advantage of like this. Yes, I know it happens all the time. But still, I'm super p'oed because this "lawsuit" has been going on FOR ALMOST A YEAR NOW with no merit or foundation. This party simply refuses to submit any documentation at all because they don't have it. This moron thought that I was going to just bend over and pay him once he filed that bogus lawsuit against me. But when I started to fight back, he now doesn't know how to get out of the mess he created. I have a 6th sense—and I can feel that he's biting his nails, drinking vodka by the bottle, and contemplating what to do next without him or his firm getting into deep mega trouble for it. I also haven't ruled out a formal complaint to the Bar. It's still not over for me and what doesn't help me at all is the fact that the judge has a reputation for being a little biased against pro se parties. But I've also heard too that he has a reputation for following the law and going by the books which in a sense, works good in my favor providing that I can show and prove what this JDB has pulled against me. As of now, I'm about finished with my reply to THEIR reply concerning my motion. The judge has yet to rule on my motion because he is away. This JDB thinks that their "records" are admissible to the court. I however, beg to differ—and that is where the basis of my next argument will be. Although I'm no attorney, I know enough about the law to know what they can and can't pull in court. You guys have heard the old saying, "kick 'em while they're down." That's what I intend to do in the next paperwork. In all of my work, I am extremely careful with what I put down. Why? Because I don't want something to go against me. On top of that, I always make sure that the moron signs for the mail he gets from me. Unlike him and his graffiti letters, I not going to take the chance of me just slapping a stamp to an envelope and mailing it. I don't trust him or the JDB. Since the JDB and their attorney admitted that they purchased a debt I supposedly now owe to them, I'm also going to tell the court that they caused their own injury and are barred from getting a judgment on me. Last year when I filed my answer, I basically told the court that—but the JDB would never admit it. Now they admit to it. Although I have numerous violations of the FDCPA and FCRA (they are re-aging one of my credit reports—and YES, I disputed with all 3 CRAs), I thought long and hard about filing counterclaims against them. But I think that it's too late to countersue as the admin says. But I decided that it's best for me to file a separate lawsuit in district court because my claims against them exceed the jurisdiction of the court. They are suing me in county court. As of now, I am looking for a consumer attorney who will take my case. But I haven't had any luck at all. Apparently, Colorado CA's don't like to get involved in cases like this (well, that's how I see it). But if this case prolongs without the assistance of an attorney, I'm going to file a Motion to Dismiss a week or two before the trial date—maybe even sooner if their efforts collapse. But once this is all over with, I'm going to take these parasites to court like the way Grant took Richmond.
  15. I swear I must be dealing with an JDB attorney who obtained his law license from a Cracker Jack box. In my ongoing saga with a JDB and their Kindergarten flunky of an attorney, I have filed a Motion to Strike their hearsay testimony against me for the trial that is scheduled for the end of this year. The judge however has yet to rule on my motion. When I filed my motion, I sited the Trinsey v. Pagliaro case law because the attorney was giving his own "testimony" in the pleadings. As we all know, attorneys can't testify. Well yesterday, I received a reply to my motion. The attorney must be running scared or something because he quickly changed the style of his pleadings. In addition to this, the attorney admitted that the JDB did in fact purchase the purported debt that they are suing me for. To add icing on the cake, the attorney AND the JDB both admitted that no employee working for their offices was an employee of the original creditor. Because they admitted that they didn't work for the original creditor, they cannot authenticate documents that they may or may not have in support of their claim. Oh it gets even better. In response to me telling the court that their testimony was hearsay, the attorney argued that the JDB employee's testimony is admissible "*IF*" the employee can lay a foundation. What foundation? They can't even validate the purported debt nor have they ever showed me (or the court) a shred of documentation to back up their claim—and even if they did, it's hearsay evidence. PULEEEASE. It would be much easier for me to get documentation of an order receipt at my local Taco Bell. Then to make matters even worse for the JDB, their own attorney is now telling the court that this case is just a "dispute between me and his client" and that the JDB "claims" to the court that I owe them money. HUH? Shouldn't he be saying "IS owed" instead of "CLAIMS to be owed?" Is this attorney starting to feel intimidated by me? Is this attorney starting to turn on his own client? Is this attorney afraid that I'm going to turn him into the bar because he committed perjury in the original complaint because he had NO CLUE as to what he was suing and swearing under oath for? Is this attorney wiping his *** on the JDB because he knows that I'm going to sue them after it's all over with? Because they admitted to purchasing a debt while in default, I REALLY would like to file a Motion for Summary Judgment against them. But I don't think that I can do that just yet. On top of everything else that I've had to put up with, the paperwork from the attorney is very sloppy. Typos, wrong dates, funky fonts, conjoined words, poor grammar, wrong numbered paragraphs, terrible punctuation. Even the wording on the envelopes is written with markers and neon pens and looks like they've come from a graffiti artist. The only thing that's missing are the little smiley faces, stick figures, and rainbows drawn with Crayola crayons. It makes me wonder if this attorney is on acid or still in Elementary school. And this is suppose to pass as being professional? That's a joke. Any advice, opinions, or suggestions here?