usctrojanalum

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usctrojanalum last won the day on May 3

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  1. The fact that velocity may go into arbitration is a little concerning.
  2. In a situation where a JDB tries to submit an excel spread sheet (quite common have seen this a lot) or some other type of computer document generated by a human as evidence. Yes, that will have reliability issues.
  3. I wouldn't focus so much on the true copies vs. true correct and accurate - that is arguing over hyper technical semantics. OTOH, attacking the affiant for not having adequate personal knowledge is a good argument and I have seen it work before.
  4. Hard to answer those questions without more facts. As far as notarization, affidavits typically do need to be notarized. Other documents typically would not, depending on the nature of that document.
  5. All crazy allegations. Quite frankly, to do what the CFPB states is necessary to comply with the FDCPA would require a huge amount of scale that a small firm like Forster & Garbus wouldn't be able to handle. To handle the same case load + meaningfully review documentation on each file prior to filing a lawsuit would require F&G to grow at least 3x's larger than it currently is. And I imagine margins are pretty thin in consumer debt collection already, it probably would not make fiscal sense for their operation to continue.
  6. This hits close to home for me as I live in Commack, NY. Most interesting is that Forster & Garbus are truly small potatoes in the grand scheme of things. They are a 12 attorney firm and have filed 99,000 lawsuits over 4 or 5 years. This is unlike the last lawsuit the CFPB brought against Frederick Hanna; who had 400 employees and was filing 100,000 lawsuits per year.
  7. That's a choice for you to make. I don't want to blatantly just say another attorney's advice is wrong. But you have to weigh if a waiver of your right to sue them is worth the trouble of taking your dismissal with prejudice, contacting the CRA's and making sure the CRA's do what they are supposed to do.
  8. I agree with you that the service was not made correctly under the CPLR. You should attempt to make a motion to dismiss for lack of personal jurisdiction because the complaint was not served properly. If you want to message me directly, I can point you in the direction of what you need to do next. Your first step would be going down to the Buffalo City Court and requesting a copy of the affidavit of service to see what the process server says happened.
  9. Definitely take that deal. I'm assuming you signed a full release and waiver which prohibits you from suing them for FDCPA or FCRA violations. But in the grand scheme of things, that is a solid concession to make.
  10. Theoretically it is persuasive authority that would seem to agree that you're right. Do think the reasoning the judge uses is a bit of a reach.
  11. You may state generally that you have not received any opposition to the motion and that you would like it submitted for a decision.
  12. It does not. When someone brings an application for a special preference, they are asking the court to hear a case faster because they are terminally ill, or really old etc., things like that.
  13. You should talk to them, but if it is to verify a social security number, don't talk to them about that.
  14. Typically this is something you or your bankruptcy attorney would handle. This is typically not the obligation of the creditor. Judgment liens survive bankruptcy unless you make what is a called a 522(f) motion under the bankruptcy code.