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Everything posted by Coltfan1972

  1. Probably not a violation and if it was it would take a pretty creative argument, which I course we could pull off around here because we are the best at what we do. However, what I would do is concentrate on just kicking Midland's a$$ in court, something that is done around here about as often as taking out the trash. Plus the good news is it's Midland, there is a ton of time left for them to violate your rights on something that is a lot more slam dunk. In other words an easier violation. You did the right thing by basically telling that attorney to shove it where t
  2. You're basically on the right path about summary judgement. Summary judgement is where the moving party (in this case them, the Plaintiff) basically says, Judge here are the undisputed facts where reasonable minds would not differ and this is so clear cut that a trial is not needed. Where most people get tripped up is they try to win their case in their summary judgement reply. If you have a strong defense that can be fine. Generally speaking, in cases like this, that is not the case. So what you want to do is argue there are material facts in question and a trial is needed. You
  3. lack of prosecution is the argument you will want to make.
  4. Looks good as a start you probably need to brief the court on your position and list you authorities which you base your appeal. For example, what rule of procedure you are relying on for your appeal and any other authority that supports the appeal. I'm not talking about arguing your whole case, just an outline of the issues for the appeal and why you are entitled to what you are asking for. Another example would be something like, per Oregon rule of procedure 555.5555 the Defendant is appealing from whatever court to this court. You have it in your appeal where it says, if applicable.
  5. I don't know the ins and outs of the Oregon court system but what you are thinking about as a clean slate is an appeal by de novo. Those are pretty rare and sometimes the full appeal might not be a de novo review. So look for that term in the court. That is at least a starting point for you.
  6. The first thing you need to do is make sure you attack their motion for summary judgement against you. I hate a$$ Acceptance but I can see where your request could be overly broad. I know what you meant and they know what you meant but you did just make a pretty broad request. Again, I know where you are going with this but you have to spoon feed those requests to the other side, especially if you are not limited in the amount of requests you can make. You need to be very specific about what you are asking for and if possible narrow down dates. Just like we do, if th
  7. Thanks Savoir & G, let's hope we can pick up where we left off, everybody shake hands and circle the wagons and get back to demolishing the bad guys.
  8. I read yesterday where it was posted I was banned. I'm not sure if it was a cooling off period and I am not banned or if there is a glitch. If it's a glitch and I am banned then I apologize as I do not want to disrupt the board. Not sure how long this post will remain but I want to say a big THANK YOU to all of my friends on this board. My personal email that many friends on this board have was packed shortly after it was reported that I was banned. It was actually and onslaught of support and many shared stories of how I had helped them win. One poster even said they are heading
  9. The bottom line is you need to make them prove their case. Yes, if you have a true affirmative defense then of course you raise, if not, you sued me, I don't think you can meet your burden on each element of proof required. That's a legit defense. It's saying, prove your case without any help from me. When somebody sues you there are certain elements of proof they must prove. That's just the way it is on any case and it goes without saying and it also does not require the other party to point out the elements pre-trial and how they will attack them. Any party suing has elements of
  10. Heather, I successfully argued a shorter statute of limitations for a credit card by arguing the open account via written contract. It was in Arkansas. It's a pretty technical argument that I made with a little set up in the discovery stage to set them up with some answers that I knew would help me with my argument. Also, I argued it as a motion for summary judgement and not a motion to dismiss as I did not want to tip my hand with a motion to dismiss and I needed some of their discovery responses that I obviously did not have at the time. Just FYI, it can be done.
  11. Just say your defense is that you are not legally liable to the Plaintiff. In other words you plead not guilty, not innocent, but not guilty as in they can meet their burden of proof. You are not saying you do owe the money or not and to whom, you're saying that your position is the Plaintiff can't meet their burden with admissible evidence. It's premature to speculate on what that evidence might be that you have to attack but it's not pre-mature to state that any evidence won't meet their burden of proof. It's like if the U.S.A. tells a country, go to war with us and you will lose bec
  12. Or they can come over here and we will educate them for free including full case precedent cites, links to the cases where we have destroyed them when they did not think the law applied to them, and will generally provide one hundred times better information and all for free. It's just what we do and we do it for free.
  13. they are deliberately misunderstanding it. Amazing. This is basically it. Although not all conduct is judged as the LSC, most, espically what we talk about most on this board is. For example, if you claim emotional distress, that's an actual damage and you have to show your emotional distress, not that the LSC would have emotional distress. Basically most of the elements that trigger liability are judged using the LSC, much to the disappointment of the other side. However, they love getting a LSC on the phone and driving them to the brink of suscide to squeeze out a payment, but t
  14. This is pretty much across the board, but can you cite the case if you have it. I'm building an aersonal because that is what the other side is arguing against me, that I'm not unsophisicated and I baited them. It's a loser no doubt, but as you know, I don't like to win, I want to annhiliate the other side.
  15. That's because this is the forum where the winners hang out and help each other. We are simply the best there is and nobody is even a close second. We're just better than the rest, we know it, and we are not afraid to let you know. Just ask us if you don't believe us or try to beat us in court and see how it turns out for ya.
  16. This is a 100% complete do over. There is not even a court reporter in the courtroom Jimmy was in. The judge will just make a note like the trial started and the judgement. The appeal paperwork will be one page and about five or six lines with the most basic of information there is. In fact, Jimmy could have not even shown up for the trial and been awarded a default and he could appeal to circuit court from the court he just lost. In fact, the judge will even tell the parties prior to trial (seen this many times while waiting on other stuff) :"please don't say to me, the other judg
  17. Art paged me at the Waffle House and said we had somebody with something about Midland and a judgement. The others are right, this is just a scare tactic. You filed your answer in time and now the process (game) has started. You have to decide if you want to fight or cave. You won't get anybody on this board telling you to give in to Midland, but you have to make your own decision on what's best for you. However, Midland can be beat and it sounded like you wanted to fight them in your other thread. If so, then you need to get familiar with the rules of procedure. In your other thr
  18. You have the same case it both forums. Arbitration strategy is mostly based on costs to the other side. It's not uncommon for the initial fees to start the arbitration being more than the debt itself. With arbitration you're putting the creditor in a position to be throwing good money at bad (same for court in discovery). Look at it this way. JAMS is college football and Court is professional football (or the other way around, makes no difference). You don't play the football game exactly the same way with the exact same rules but it's pretty darn close. Either way you'll have
  19. "He says, you are going to lose in court, you should just pay it and be done with it." Now where have we heard this before.................................
  20. You ask me and I say don't do arbitration because you waive too many rights and you can beat a junk debt buyer easily in court, plus you have strict rules of procedure that have to be followed along with an appeals process. I can direct you to numerous success stories using court and arbitration. You ask Linda7 (she posts a ton on arb) and she will tell you all the advantages to taking them to JAMS and can direct you to numerous success stories using arbitration and not court. And guess who is right? We both are. I'm 100% with what I'd tell you and so is she. So you have to make t
  21. The collection attorney, at my deposition, looked at me with anger and said, "You're a professional at this it" I said, yep, thanks for the compliment. I mean is there defense really, well if we would have know this person was smart and not unsophisicated we would have never violated the law. That's like telling a cop that if you would have known they were hiding behind that tree with the radar gun I would have never been dumb enough to drive 25 MPH over the limit right by you. What the heck kind of logic are they trying to prove with this argument anyway? I hope they use this at
  22. I have not seen a document or talked to a party in the case and I bet you the odds of this statement being correct are about 99.99999%
  23. Believe me we're working on it. I'll give you a sneak preview before the premier. Your own showing and then you can release a review for others. Turns out there is just a lot of editing due to most of it being of no interest, but I have not forgotten you, I promise.
  24. Just a few- “Courts must presume that a legislature says in a statute what it means and means in a statute what it says there.” See, Connecticut Nat'l Bank v. Germain. 112 S. Ct. 1146, 1149 (1992).” The FDCPA is a strict liability statute and is to be liberally construed in favor of consumers to effect its purpose, See, Picht v. Jon R. Hawks, Ltd, 236 F.3d 446, 451 (8th Cir. 2001). The FDCPA enlists the efforts of sophisticated consumers to act as “private attorneys general” to aid their less sophisticated counterparts, who are unlikely themselves to bring suit nder the Act, but who are