Christine

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About Christine

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    AZ high desert
  1. Got a quite favorable appeals court ruling, except for the discovery issues. Going for reheaing / en bank. Order to join Equifax was part of case management plan Equifax refused to waive service and it took a long time for them to appear Equifax never provided initial disclosures I made countless requests, finally Equifax agreed to extend discovery deadlines when I was ready to file motion to compel initial disclosures Court denied the timely filed JOINT request and later granted summary judgment for Equifax Appeals court affirmed, discretion of district
  2. Thanks so much, kraftykrab, Simkus is exactly what I was looking for, although I don't like the dismissal of the FDCPA claims regarding the collection letters since IF the interest was deemed waived, they attempted to collect amounts illegally charged. I just read all three Simkus opinions on Google Scholar and the many cites are a goldmine. Once you found one relevant case, there seem to be hundreds. Re. DLA: The judge grasped at anything Equifax offered in its reply to its msj, it just floored me, as if he never read what I wrote. Well, sometimes he referred to my argument
  3. I recently filed my opening brief in the 9th circuit court of appeals because I once again got railroaded in kangaroo court (Phoenix federal court). The brief is posted at http://creditsuit.org and involves numerous FDCPA, FCRA and discovery issues. I worked on it for 2 weeks straight and bought the NCLC FCRA and FDCPA subscriptions, but just ran out of time and am still looking for case law on several issues for my reply brief. 1) The importance of Equifax's date of first delinquency (aka date of last activity or DLA). My claim got dismissed because they argued that as per FCRA
  4. The SOL for FDCPA violations is 1 year from DISCOVERY of the violation.
  5. Does anybody have any cites on hearsay exceptions for credit reports and CRA investigation results? In 2006 I lost a case because my exhibits were ruled to be hearsay as per Capital Funding v. Chase Manhattan Bank, 2005 U.S. Dist LEXIS 2212, no. 01-6093, *6 (E.D.Pa. Feb. 11, 2005) (affirming exclusion of credit reports as hearsay). And what is the effect of the "NOT PRECEDENTIAL" on the appeals court ruling? http://www.ca3.uscourts.gov/opinarch/044355np.pdf Now I got lucky because Equifax authenticated its investigation results, but I'd like to know whether Capital Funding is still the l
  6. Does anyone have the recent NCLC FCRA book and no longer needs it? My responses to the Midland and Equifax motions for summary judgments are due in couple weeks and I don't have an extra $250 right now. Could possibly trade for the current FDCPA books as I doubt I'll need them until I appeal, which will be a while if their motions for summary judgment are denied.
  7. It's been almost 2 months ... very busy. Judge Logan was very kind and actually denied the Midland motion for protective order before I got to submit my opposition. People like "Clydesmom" shouldn't be allowed to post here at all, she is clearly working for the OTHER side. I had asked Midland several times to submit the discovery motion to the judge, and they kept promising docs. It wasn't until the eve before the 8/19 settlement conference that Midland finally provided some documentation and as expected, it proves that Midland reported an incorrect DLA to Equifax. They STILL refuse to cor
  8. Paramountlaw, you made an excellent points and that's what I mean by not being able to "win." A consumer without an attorney can't win because the financial and emotional damages of fighting these bastards is completely ignored. I think that all consumer protection laws need to be significantly enhanced and this case proves it. I'm not looking for damages due to declines, but because I've been in court with Midland for 2 years now. For Acarta it was 3 years and I got $1001 -- what a joke! Back in the early 2000s few creditors or collectors were stupid enough to not delete the account
  9. I totally agree with you about the protective order and I should just file my motion to compel. It truly sucks that my day has only 24 hours and I don't have that "fixed income" that so many of retired neighbors complain about. I sure wish I had the NCLC FCRA manual, but the FDCPA manual has some discovery material too, so maybe that'll help. Appreciate your feedback!
  10. Well, as you mention, they don't want this case and their business practices to be publicized. However, that IS the primary purpose of this litigation. I know that I'll never "win", but if I can find the time to make this THE case to get consumer laws enhanced and/or regulators to step in, I'll be very happy. I don't want a protective order, I want the docs for the world to see and they have yet to provide me with a single example of what they want to protect and why they want to protect it. I keep asking for their portion of the joint discovery dispute motion and they send me idiotic qu
  11. Both, I just uploaded my amended complaint: http://creditsuit.org/litigation-forum/baker-v-midland-funding-mcm-and-bursey-associates/101713-draft-proposed-amended-complaint/#p20
  12. Victor, I contacted EVERY AZ NACA attorney twice when I was sued by Acarta and Midland, but nobody would represent me. Ended up prevailing in both cases (3 years of litigation including successful appeal to the AZ court of appeals) and for the last year I've been suing Midland, MCM and their attorneys. It looks like I just don't have the resources (time and money) to be able to prevail against them.
  13. Thanks, that's quite helpful, much appreciate your info. You may have noticed how different the protective orders are. Midland's atty Gabriel refused to answer my questions, so I just informed her that I won't be signing it, they'll file their motion for protective order and they'll provide me with their portion of the joint motion re. the discovery dispute. I'll have to do a lot more reading on federal rules and local federal rules.
  14. Does anyone have the case(s) stating that a pro se litigant's work product is not subject to discovery? Have to respond to their discovery requests by tomorrow.
  15. Pretty standard requests, all docs relating to my accounts and credit reporting. I'll post their actual responses tonight, but for now I posted the protective order and our emails since Friday. I've seen protective orders before, but nothing like this: http://creditsuit.org/blog/2014/07/15/midland-funding-demands-protective-order-prior-to-providing-any-docs/