WhoCares1000

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WhoCares1000 last won the day on September 12

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About WhoCares1000

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  1. To the contrary, from reading the OPs website, she wants to take this all of the way because she thinks that a jury will somehow see her way and award her enough to make her independently wealthy. To be honest, I think she is dreaming and without an attorney advising her, the jury is going to see her as someone that got off on a technicality and rather than saying thank you, she turned around and demanded more.
  2. She is long gone because we already know that she has her number. This is another ColtFan scenario waiting to happen.
  3. The problem is, there are too many scams out there, especially from bottom feeder debt collection companies who break the law on a daily basis. I have received too many of those calls for other persons to know that this exists. I would not set up an appointment with someone who claims to be a process server over the phone, regardless of the reason. I know here, the process servers just show up at your door, regardless of the reason you are being served. I know that because I was served with a subpoena from the DA's office as the witness to a criminal case going to trial many years ago. I am not saying that you are a crook yourself and if you are not involved in collection activities, there should be a carve out. However, you have to understand that people are being scammed all of the time. There are articles in various Buffalo NY news media organizations of people either being arrested or convicted for claiming they are process servers to collect on debts that are not owed.
  4. They probably offered $30k to go away considering how much they have spent on 6 years of federal litigation, including 2 appeals. I am with you however in not understanding where her true figure comes from and why she thinks a jury will just give it to her. Most juries do not take a kind view to someone who they think is trying to game the system. There is indeed such a rule as our former friend ColtFan found out the hard way. I wonder what the OP wants from this. Most of us would have been happy for the win when being sued and some would have taken them time for a FDCPA suit for $1000 and accepted that. We also would not have spent 6 years and 15 hour days trying to sue a debt collector. Also, the CFPB has already taken most major JDBs to task for filing out of SOL lawsuits and they do not happen as much as they did in 2012. If they are trying to make a political statement, the courts are not the correct venue for that. It is one thing to help consumers exercise their rights. It is another to become a PITA and go on a crusade because you feel slighted.
  5. Let me see if I have your story straight. In 2012, you were sued over a HSBC card where the SOL had expired and after 6 months, you got a court ruling stating that. You then decided to sue Midland and their attorneys in Federal Court in 2013 and 6 years later, after 2 appeals, you are still at it as well as posting the actions on the web. At this point, you were offered $30k to just go away and you refused the offer. Is this a fair summary?
  6. This is a scam. They say County Processing to scare you. Process servers do not call before serving papers. They just show up.
  7. If the OP has the documents and can prove that the correct registered agent was served, then I would have to believe that the defendant would have an issue with the registered agent for not informing them of the lawsuit rather than the OP. There was a case in 2011 (as a result of the great recession) where Bank of America ignored collections notices after a home owner of a wrongful foreclosure won a judgement against them and as a result, the home owner brought the sheriff and moving trucks to a B of A branch to seize property. That was in Florida too. So the national banks have been known to ignore their legal responsibilities.
  8. Since this is in court, I would call them only so that they cannot say to the judge that you refused to talk to them about settlement. However, keep the call brief and to the point. These people are still trained debt collectors and will act as such. Once they so through their spiel, let them know that you have a trial date in 6 months on that debt and if they are willing to offer a settlement to avoid trial, you are listening. If they do not offer a settlement after you said that, politely state that the call has ended and hang up the phone. If they continue to call, request to speak to the attorney on record for the case.
  9. It might be possible to file a motion to extend the deadline for filing court papers by 2 or 3 weeks by stating that a settlement is almost completed. Courts like to hear that a settlement is forthcoming and might grant it. I cannot see the plaintiff opposing that either in light of the recently signed agreement.
  10. If nothing has been signed yet, assume that no agreement has been made and act as such. If it is not in writing. it did not happen. If you have signed a settlement but the plaintiff has not filed with the court, again continue as if the settlement did not happen BUT keep the signed settlement papers for showing to the judge once there is a hearing or trial. That should cover all bases.
  11. What you can do is watch the case for the filing and if the dismissal is not filed 2 days before the deadline, file you papers with the court as if you did not make the agreement. Cover all your bases until either this gets in front of a judge (where you an show the judge that the attorney negotiated in bad faith) or the dismissal is filed.
  12. How hard is it to file a police report in Ohio. Here, I call the non-emergency line, a community officer (someone who does not carry a gun and primarily does work with public events, parking tickets, accidents, and non-emergency reports) is sent to your home or place of business take the report and in a day or 2, you can pick up the report from the police station. It will be a lot easier than trying to fight a collector. Otherwise, if this is a 3rd party collector (not Paypal), then you need to learn the FDCPA if you plan to fight them all the way.
  13. Are you sure you have the correct thread?
  14. A Green Card is good BUT if this law firm is putting forth this type of argument, the next thing they will say is that the OP mailed it out himself which is against the Rules of Civil Procedure. By doing up the affidavit and send that in as a copy along with the green card, you get rid of any other argument this firm might have. I did some more research on this firm and apparently they recently moved from Bismarck ND to Fargo ND, possibly to try to grab the lucrative Minnesota business. It could be possible that the OP is the first person to offer up an answer with a reasonable to win defense and they are freaking out. Their paralegals also employ Buffalo NY style collection tactics when you call them so the OP should be prepared for that if they ever plan on offering a settlement in lieu of going to court. It could be possible that the attorney does not know the Minnesota Rules of Civil Procedure and the OP might have to be the one to teach them with the courts help should it get to that.
  15. Also, if they do file a motion for summary judgement on this basis, you need to reply to that motion (and pay the fee) with a copy of your affidavit and citing rule 12.01. I would also demand in the reply in opposition to their motion a sanction where the opposing attorney pays your motion filing fees to oppose this motion if this is their basis. If you, as a Pro Se defendant, are expected to know the rules of civil procedure, an attorney that is part of the Minnesota Bar and licensed to practice law in Minnesota should know those rules forwards and backwards. Makes me wonder how many other defendants they said this to and the defendants gave up without a fight.