DebtBgone

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About DebtBgone

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  1. I need to clarify what the order says: Having heard and considered all the testimony and evidence presented, the Court finds that the Plaintiff did not prove liability on the part of the Defendant by a preponderance of the evidence. Wherefore, the Court Hereby dismisses Plaintiff's lawsuit With prejudice! So, this was a win on the merits alone! I am working on the details for everyone. Please bear with me. I am sooooo very swamped right now. I promise I will be back with a blow by blow from the courtroom!
  2. Here is a recap of my case info: http://www.creditinfocenter.com/community/topic/314138-re-evaluating-sol-in-my-case/ Just returned from court, and the judge stated: I find that the Plaintiff has not met its burden of proof. Judgment for the defendant!!!! This judge HATES pro se litigants with a passion!!!! Although it did not help that the Planitff's atty began INSTRUCTING the judge from a bench book!!!!! I will have to get back to you all with details along with all of the case law I used to fight with. Thanks to Coltfan wherever you are!!!!!!! Everyone on this site has been so helpful in explaining things to this Arkansas Hick!!!!! Thanks to you all!!!! Just NEVER give up!!!!!
  3. So I just found out that this is a Rule 37 trial schduled. Meaning that the judge wants to know why there has been no activity on this case. There has been plenty of discovery, but the Plaintiff has not so much as scheduled a pre trial hearing or anything. So, I am filing a motion to preclude everything, and after tha we will see how they respond. I don't think they will continue after I file that motion, but if they do I am working on a trial brief, and a strategy in case the judge does allow in their "so-called evidence" You never know with some of these judges. As soon as this case is over, I will make my redacted docs and filings available for viewing by all. I find very little help here in AR for people trying to fight these companies. There are not any templates that I found, but I have found many cases that outline exactly what is needed. Those judges spell out what to do and what NOT to do when defending yourself. Case law is there, but you have to really read it to make sure it applies to you. Many of those appeals court or supreme court cases that go against the defendant were because the defendant DID NOT raise objections properly or timely in the lower court. READ, READ, READ those cases! Happy winning!!!
  4. I am a fellow Arkansas that beat this same duo. Trust me that consent judgment is just their " hail mary hoping you will cave last ditch effort because we have no case against you!!!" Just stick to your guns. Send them Discovery, POD, ROGs, and Admissions when you get those back. They will fold like a house of cards! DO NOT PAY THEM!!!!
  5. OK, here we go on the home stretch. Trial is set for May, and I have all the ammo I need. I am filing a motion in limine and hopefully that keeps it from being a bench trial. I will update as soon as I hear from the attorneys/and or the judge.
  6. Fellow Arkansan here that beat Midland and Lamb too!!! Just wanted to let you know that if you fight them back, they will bow out as ungracefully as they came.
  7. @coltfan: Could you direct me to any cases including yours where this was successfully argued and won? Thank you! I am thinking about filing a motion to dismiss after I get the new discovery back based on SOL. I will be updating this with the actual docs I file when I do it. I am just so tired of all this. I hope to be done soon.
  8. Thanks Bruno. Some of those place look familiar, but I am not sure about these. They never sent anything after my first set of POD, nor did they answer my interrogs. I am sending another set of POD to see what they will send me. Then I will send them my admissions request based on what I get back. I guess this is their way of answering my requests by sending me request for Admission with alleged cc statements attached.
  9. Ok, JDB just sent out new Requests for admissions with alleged cc statements attached as well as a sheet that has my name on it and a copy of a generic assignment from BofA. They want me to admit that the above stated items are attached. Then they want me to admit to each and every charge, late charge etc. contained in each. ie Admit that the defendant made a purchase on ______ at Gatren's eatery in the amount of 5.33. How do I answer these? I can't know that these are even legit!
  10. Ok, I will read that. So then when I argue this SOL, I should also use fact that BofA uses or defers to Delaware law on all its cc agreements. I can pull up a copy of their CC agreement online. Thanks a bunch!
  11. Hi LR Knight! I would go down to the Circuit Clerk's office in your county to get an idea of how many cases they file and their stock complaints. I bet there are NONE that have been answered. Just make sure you read, read, read. Have you read the ARCP? Here is a link to it. Here is a good case I found from the Arkansas supreme Court that is an excellent read on several issues. I was looking for the information on amending your answers, and the Justices basically spell out just how to defend yourself when answering and challenging so-called evidence. There is also other case law cited as well as a number of ARK statutes to take a look at! SETH v. ST EDWARD MERCY MEDICAL CENTER, No. This case helps one to understand the "when" in Arkansas of asserting certain Affirmative defenses as well as how an amended answer may be looked at by the court. I am only looking at adding SOL as an affirmative defense in my case, and I see that you do not waive the right to do so just because you did not put that in your initial answer.  Ark. R. Civ. P. 15(a) provides that “a party may amend his pleadings at any time without leave of the court,” with the exception of the defenses listed in Ark. R. Civ. P. 12(h)(1).Those exceptions are: (h) Waiver or Preservation of Certain Defenses. (1) A defense of lack of jurisdiction over the person, improper venue, insufficiency of process, insufficiency of service of process, or pendency of another action between the same parties arising out of the same transaction or occurrence is waived (A) if omitted from a motion in the circumstances described in subdivision (g), or ( if it is neither made by motion under this rule nor included in the original responsive pleading. Objection to venue may be made, however, if the action is dismissed or discontinued as to a defendant upon whose presence venue depends. Sol IS NOT listed! I hope this helps someone else as well. It is so important to research as much as possible. Doing this yourself definitely helps you understand and grasp the concepts much better. Reading case law helps you understand how those laws are applied to cases. Read the comments from the judges so you understand what the attys did wrong then you can avoid making the same mistakes, or you can see what they did right and copy it!
  12. Ok, I see this even MORE clearly now! Thank you! I am just waiting on my discovery requests now. I will update as soon as I receive their answers and/or documents requested. I am off to look up some case law for a brief to support a MSJ!
  13. I just found my answer!!! Duh! Coltfan answered me in post number 3.
  14. Bumping for help on my last question and to ask how many times may one amend an answer? I could find nothing about this in the Rules for Civil procedure.