unc12

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Everything posted by unc12

  1. Hey just posting an update: I sent the letter to both defendant and filed with the clerk's office and waiting for the judge to rule. question though: is the defendant supoose to send me a copy of the response (motion to oppose) and if so can i do something about that?
  2. The way I wrote the motion was so it would look like a timeline of events: first the judgement; then the settlement; within the settlement, a clause that would keep the CA from being liable unless they violated the law; stating which laws they broke that makes they liable (including the judgement being vacate and suit being dismissed) Also, those Fdcpa violations are part of the main settlement because they also violated similar MD statues so if I can tie the settlement and my motion together, i should be ok. P.s: the unclean hands defense would work well if i sued them later for relief als
  3. Yea, didn't think so but since i dont mind filing them one at a time, its fine. So, is the wording of that motion ok? maybe too excessive?
  4. Yes, i'm definitely going to ask for a hearing on this. Also, i wonder if i can ask for an motion of dismissal at the same time if/when the vacate motion is granted?
  5. Does the settlement agreement actually say if they follow the law and then have the FDCPA listed? : there's a section in that says: The Parties here to acknowledge and agree that this Agreement, as well as the alleged conduct and facts forming the basis for this Agreement, shall not in any way adversely impact Respondent’ applications for Maryland State collection agency licenses, nor shall this Agreement impact Respondents’’ right to enforce and collect previously acquired judgments provided that such collection efforts are conducted in compliance with applicable law. talking with the one of
  6. OK!Now its finish lets see if this motion to vacate is better for feedback: By the way its a little long. MOTION AND DECLARATION TO VACATE JUDGMENT NOW COMES the Plaintiff, Pro Se and prays this Honorable Court to Vacate the Judgment on the basis of newly discovered facts as follows: I. A default judgment was obtained in August of 2009 on the Defendants behalf as stated within the court’s records. II. In September of 2009, the Plaintiff filed a Motion to Vacate on the grounds that the Judgment was obtain without a merit trial which was suppose to take place at the August trial date. The Mo
  7. The biggest problem you will have is that the settlement, and I have not even seen it, will say something to the effect of while world wide admits no liability and does not concede they did anything wrong, the following settlement is agreed to. The reason? To avoid stuff like this from happening. Yes, there's a section in the settlement that leaves the door open saying that it doesnt affect past judgement so long as they followed the law (fdcpa,mdcpa,etc.). Since they didnt on multiple counts, that shouldn't be too hard. You got a default is your other problem. They will argue your time to ar
  8. here's a quick rundown: the DC were able to get a default judgement against me in aug.2009 (even though i was there) in 2010, the dc's settled with my state's financial regulation board saying they didnt have a license before 2010. sooooooooooo since it was over a year the judgement was entered at the time when it was proven they violated state laws i'm filing a motion to vacate based on lack of license
  9. This is my 1st post but i wanted to see if i did this right. Motion below: NOW COMES the Plaintiff, Pro Se and prays this Honorable Court to Vacate the Judgment on the basis that when the judgment was obtained in August 2009 and original suit file September 2008 the Defendants (Worldwide Asset Purchasing II L.L.C) were not authorized the collect debts in Maryland at the time because they did not have a license which is a violation of the MCDCA BR§7-401(a): Except as otherwise provided in this title, a person may not knowingly and willfully do business as a collection agency in the State unles
  10. Yea i meant to put plaintiff. I did answer the summons and showed up to the court date and the plaintiff had a lawyer sitting in the corner with a table and chair discussing settlements with other defendants. i don't think this was a merit trial where you appear in front of a judge. this was just showing up to court and meeting with the person suing you to come to a settlement. in the initial summons it didn't say i was being sued or give the option to file an intent to defend.
  11. Maybe i should have posted this in another forum
  12. I recently had a judgment against me not because of proof from the defendant but from not filing an "intent to defend" in the proper amount of time. they sent me a summons in Aug. but they didn't sue me (what the judge said) then . did i still have to file an intent to defend even if the summons letter didn't say it at the bottom? i thought that you only had to show up to defend at that time. Later they filed a writ of summons in sep and it had a motion to defend at the bottom of the page. So did they sue me twice and since the sol was 7/2005, can i appeal saying that the suit was filed in sep
  13. The Eleventh Circuit has held that a debt collector may file suit and a lien at the same time a demand letter is sent, before a consumer has made any request for verification without violating the FDCPA. Shimek v. Weissman, Nowack, Curry & Wilco, P.C., 374 F.3d 1011, 1013 (11th Cir.2004). Acosta v. Campbell, 2006 WL 3804729, 4 (M.D.Fla.) i think this is true because i've seen this in the opinion letters on the ftc letters.