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Everything posted by IdWrknGrl

  1. That's what I was thinking. Unfortunately, there are NO consumer attorneys in Spud Land. I've called every consumer attorney in the yellow pages and they only file bankruptcy. I am going to write one last certified letter to Amex and the 3 CRA's with a copy of the judges order and if they don't do something, I might have to file the FCRA suit by myself.
  2. I didn't intend to take 9 months off after my victory over Amex, but after 3 years in court with them, I needed a nap! So, for the past 9 months, I've been disputing with all three credit bureaus regarding the Amex listing on my CR. They keep validating with Amex and then they send me a letter telling me that it's legit. I even sent a copy of the judges order to Dismiss with Prejudice to all three credit bureaus....NO response. I contacted Amex one last time and offered to send the judges order. They sent me a letter today explaining that they verified that I made payments on the account
  3. I tried to make a Memorandum of Costs, but looking at the IRCP, it excludes mileage, copies, postage, faxes and time. costs on three years of litigation are $58. Do I bother filing for that? Their costs, on the other hand, consist of 9 appearances of a local attorney (CA was based out of Portland, OR), their hours spent churning out docs, and a ton of postage for the 6-7 times they mailed 900 pages of statements to me and the courts for their 3 separate Motions for Summary Judgment. Actually, I'm spending my time now writing letters to the 3 CRA's because American Express used
  4. Don't worry, I'm not going anywhere. If somebody needs my advice on how to deal with an OC or with Zwikkr, I'm their (wo)man. After 3 years, I've seen every page of robo-litigation that they can spit out!
  5. Just a question: Did your wife admit at any time that this debt was her debt? Even if she did, you still have a case. Amex is notoriously bad about keeping documentation of any kind on their accounts. They will not be able to come up with the correct contracts that govern the statements they coughed up. Remember, what they put on their statements has to be backed up by a valid, dated contract.
  6. Okay, so I just verified with 3 different local attorneys who know this judge. Apparently, he is really pissed that the OC dismissed 2 days before trial after coming to court empty handed for 3 years and calling me names. It is within his power to dismiss the case with prejudice if I have appeared. It's OVER! I'm compiling a list of people to thank....I couldn't have done it without all the help!
  7. Well, it's an interesting story...... I didn't have to involve the attorneys at work because last Friday a big box arrived from the OC with all their trial exhibits. Right on top was a Memorandum from the OC that FINALLY gave me the exact date that the account was opened for the very first time despite the fact that I asked them 5-6 times for the date the card was applied for and they couldn't provide it. The great thing about that date is this: I was able to prove exactly where I was during the months before and the 2 years after that a completely different state. I copied c
  8. I did ask....they didn't know. I had 5 girls looking at it and laughing over how much of it was scratched out. I'm afraid to ask the judge to clarify!
  9. Sorry.....I've edited the original to say what I meant. MY BRAIN IS FRIED.
  10. Okay, before I write my overblown story of how I whooped up on the OC, I need a little help with the judge's signed dismissal. The plaintiff sent over a dismissal without prejudice. The judge scratched out "without prejudice" everywhere it appeared on the page. He also scratched out the part where each side will bear their own costs. Then he wrote under the scratched out without prejudice: Defendant has appeared. So.....does this mean it's with prejudice? Is there something in between?
  11. I didn't say they assigned it.....they SOLD it. And the reason that they sold it was because after 3 years, they finally told me the date that this account was opened and I was about to bring documentation that I lived and worked in another state during that time period. They opened up a fraud investigation, closed it after 3 days and SOLD the account. But their "lawyer" (who is also a CA) is still suing.
  12. This just got even more weird.... 1. This debt has been sold by AMEXCNT to another collection agency. They have verified it 9 different times via telephone with Amex's Fraud department. I contacted the attorney for Amex and they said I'm wrong and just trying to get out of going to trial. 2. The CA filed a Trial Memorandum yesterday that FINALLY gives the date that this card was opened. And guess what? It's off by YEARS compared with the previous documents filed by them. So....last ditch question.... How do I go about letting the Judge know about these two things? Obviously,
  13. So here's the fun part....I work at a law firm. I have taken this case on without much talk to my attorney bosses other than to borrow every book in their library and to ask a million vague questions. And....I know that one of the partners follows my case closely on the docket because it tickles the hell out of him to see that the docket is a mile long with "Plaintiff's Motion for Summary Judgment-Denied" on there over and over. I guess it's time to get them involved. It's now obvious to me why the appearance attorney showed up on Monday IN COURT in his grass-stained jeans and running sn
  14. I just called AmEx on a blocked number. I gave them the account number from their original cc number and had 3 different agents tell me that the account has been SOLD within the last month to Nationwide Credit, Inc. They have no details on the account....nor do they have any idea if Zwicker has been informed about the debt being sold. Do I need to contact the Judge?
  15. The plaintiff is AMEX in the court case. Been going on since October of 2010! Why would Amex send this to a new CA when trial is 12 days away?
  16. Yes, Amex IS reporting...but now the account number and opening date has changed??!! New CA says they are collecting for AmEx and have a redacted account number that matches the one that I'm going to trial on in 12 days.
  17. I'm three years buried in this thing....pre-trial was this week, trial in Nov. WHY would AmEx send this to collections UNLESS.... they didn't know Zwkkr was litigating. That would explain why Amex keeps sending me offers for their "Valued Cardmembers".
  18. First things first....three years ago I received my first collection letter and used this site to learn about debt validation. They filed suit anyways, but I've managed to fight them off for 3 years with help from all of you! I have battled and won 3 seperate MSJ's and now I'm getting ready for trial (I'm already prepared, just waiting for my date). So here's something I wasn't expecting. Today in the mail, I received a letter from an entirely new CA referencing the OC's account number and the original amount due. They want me to respond immediately so they can "help" me. Uh....... I'
  19. Yes a Motion to Continue Trial...for the 3rd time! Usually they would motion during their failed attempts to get me on an MSJ, but I was ready to go to trial. Pre-Trial is Monday and they motioned to have a hearing regarding the continuance and it was already approved by the time I received notice.
  20. Yes, the notice arrived via Fedex at 2pm today. They mailed it on Monday with a label saying it was guaranteed Friday by know, so I couldn't react.
  21. Aaaaahhhh! HELP! I just received a Fedex package with materials stating that I have a hearing on MONDAY (3 days from now) so that the OC's attorney can get more time before trial. Debt Validation Sent (Ignored) Nov 2010, Dec. 2010, and Feb. 2011 Suit Filed: August 2011 MSJ's: 3, all denied This cannot be right or fair......
  22. More fun! I received a letter today from the OC attorney. They want me to sign a letter moving the trial back at least 90 days from the end of August because they are just now realizing that I intend to fight. This case was filed in August 2011....two years ago. I started denying the debt in October of 2010 via 3 different DV letters that they signed for (Yes I have the green cards). Now, they say that they need time to investigate the possibility that there has been some fraud on this account. In my opinion, I think it's time for this thing to end in a trial. They've had 2 full y
  23. Thank you, everybody for the birthday wishes. Not the way I thought I would spend my favorite day of the year, but amazingly worth it. Don't worry, complaints to the AG are on the way. appears that the statements that they produced in the first MSJ don't match the statements that they produced in the 3rd MSJ. They are getting sloppy now......
  24. Excellent news to report. For the third and final time, I have defeated the MSJ's that my OC is so excited to send out. And on my birthday too! They specifically requested this date according to the court clerk, what a bunch of low-life dirt bags. Trial is in 7 weeks. They got nuthin'.....