gwheelock915

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gwheelock915 last won the day on November 28 2013

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About gwheelock915

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  1. In granting my motion for summary judgment today, the judge included several references to my postings on this site. "In April 2015, xxxx posted on www.creditinfocenter.com that he had received a letter from Asset Acceptance with this language and declared “Happy Statute of limitations birthday to me.”" This site is cited a couple of other times in the memorandum order. I have attached the ruling if you want to be geeked out with 26 pages of legalese. Just want to make it abundantly clear for everyone that posts here to realize: 1. Your online activity can be/is tracked and
  2. Moving along at a snails pace, but today the Court denied Midland's motion to dismiss in a well reasoned opinion. No point in hiding my name...all the CRA's, OC's, JDB's and everyone in between knows I've posted here. Why hide?In addition, tomorrow will be 5 years since we were served with foreclosure papers. Survived 2 motions for summary judgment, pro-se, and finally, the servicer has raised the white flag...We'll see how it pans out. Hope everyone is doing well. Wheeler v Midland Order denying MTD (1).pdf
  3. To All Members and Visitors of CreditInfoCenter: It is with great sadness that today I announce my “resignation” as member of CIC. Though I haven't been regularly active for quite some time, I came here about five years ago in a desperate attempt to figure out how to defeat a suit brought by a debt buyer. Even though I did not receive the information that I sought, I spent a lot of time researching court rules and was able to have the case dismissed. Being freed from doubt and uncertainty about an alleged debt was exactly what we needed at that time. When yo
  4. Hello,

     

    I have a pressing question regarding procedure in Small Claims Court in Cook County,IL Could you please offer your assistance. I have posted my questions in the forum . Basically I filed an apppearance before the return date which was in late July 2016. My case is now set for a status call middle of next week (8/17/2016) Is it too late for me to file a 2-615 motion with the clerk of the court along with a motion for leave ? My understanding is that the judge may "try" the case on the status call date. Is there any way to delay this? Thank you in advanxce for your help!

     

    Best Regards,

     

    FLPR

    1. Show previous comments  12 more
    2. Flpr

      Flpr

      ONE LAST QUESTION for you gwheelock - Did you have to attach a copy of the verified complaint to your MTD ? In a couple of places on the internet they mention that any MTD should includeit in which case I'll have my  Motion for Leave (prepared and typed even though I will be asking verbally just in case) then attach my 2-615 MTD with a COMPLETE copy of the verified complaint attached then  seperately I'll have an "Order" ready for the judge to sign (if he will) so that the Clerk's office will let me file the MTD instanter.

    3. gwheelock915

      gwheelock915

      How did things go? Sorry I didn't get back to you. 

    4. Flpr

      Flpr

      gwheelock:

       

      Thanks so much for taking the time to ask!  Before anything else, I wanted to let you know I came across your posts here and on debtorboards (where I am a "lurker") from late last week.  YOUR POSTS AND ASSISTANCE that you provided to me and others  ARE A GREAT SERVICE TO MYSELF AND OTHERS NO DOUBT ABOUT IT! When legal aid groups whose very charter's state that they exist to help those in need with legal problems were basically telling me to get lost OR OUTRIGHT sayting inn one instance they would provide NO ASSISTANCE even though I qualify, it was YOU and one other person who cared enough to help THANK YOU VERY MUCH - it meant alot to me going into court that I had someone "on my side".

      As far as my court appearance, well it went. On the bright side I was able to convince the judge to aloow me to file my -615 MTD instanter. On the negative side, the judge, while being courteous and soft-spoken to me, nade it pretty clear how he would rule on my motion -NOT IN MY favor. Didn't even look at the "courtesy"" copy I handed to him and kept harping one only one aspect of my motion; the lack of a signed contract or account agreement when there were other glaring defects in the plaintiff's case noted in my motion.

      Going to court was certainly an eye-opener (which I needed since I couldn't sleep at all the night before). I has become ABUNDANTLY clear to me that , especially in small claims, the general attitude seems to me to be GUILTY until proven innocent . The judge at one point even made the comment to a creditor's attorney " You know I try to make it easier for "the" attorneys".

      Tomorrow I'm going to begin nother round of trying to find a competent attorney willing to fight my case without bankrupting me in fees.  I will keep you appraised of further developments if you are interested.  I can only say something has to be done to reform the current system. In my opinion if you or I attempting lawsuits, whether in "regular" court or small claims, using the same methods used in many instances  as these JDB's, collection firms, and O.C.'s; no doubt we would be laughed out of court and probably face repurcussions for filing a frivolous suit. Just my two cents worth.

       

      I wish you all the best in your own life challenges and firmly believe in the saying "What goes around comes around" so I hope you are the recipient of good "karma" for all the good you've done for others very soon.

       

      P.S. I've always been a bit paranoid putting too much information regarding my own circumstances out on the 'net on various forums and after reading the surreal nightmare you encountered,   i'll probably forego any future public postings myself. Or maybe set up a new "moniker" and access sites like Credit info Center or debtorboards from an untraceable proxy server. 

       

  5. Why don't you try to fight it? If you're so willing to file for Bankruptcy, you should be willing to fight it out. Fight and lose? File BK. Fight and win? Keep going.
  6. File a motion to dismiss. While you're at it, I'd bring up the encore consent decree and attach a copy of it.
  7. Apparently what has happened up until this point is they have flat out ignored my attorney and our 2 settlement offers, although I was under the impression that we would have a prompt resolution. With some research, it seems that this is a popular amount to offer by multiple defendant actions as a way to moot an action. As far as paying costs, etc., I'll consider the offer over turkey.
  8. @debtzapper @fisthardcheese @shellieh98 @BV80 @Coffee_before_tea @1stStep $1,001 via Rule 68 offer of Judgment to settle all claims against all 3 Defendants. Jerks.
  9. @fisthardcheese Perhaps, but I'm not actually sure at this point. Status is in about 2 weeks or so. They filed the answer about a week before it was due. We shall see. I posted the defenses on DB.
  10. Filed it with Ohio police. The affidavit basically said Jane Doe personally came before me on oath and said the following......ya di ya di ya da. It was then signed by Mike Smith.
  11. Spoke too soon. They filed an answer and a bunch of affirmative defenses.
  12. With OC's you have to be dumb or lucky. I got both. I got a straight up falsified affidavit from the OC that has a Cashback Bonus. They quickly dismissed when I filed a police report, a complaint with the CFPB, and waved the affidavit around the courtroom for anyone to see (to the judges amusement and ire). I got the notary who signed the affidavits commission revoked. I also sent it to anyone that I could find that was suing them for fraud. They begged me to go away. Like really, really, begged. The other one, that has the green card with the Centurion on it, I called them on their behavio
  13. @shellieh98 @fisthardcheese I'm in the darkest days of my debt collection saga. Though I'm glad to have this one behind me, there will be more to come. Next week, I will be taking on Midland, which, arguably could be one of the more important consumer cases to be brought in some time. I also opted out of a overtime (FLSA) class-action lawsuit, only to find out that no one will represent me individually. So I guess I have to dust off the books and learn about an aspect of law quite frankly I know nothing about since I plunked down the $400 to file. I'm still trying to save my home from forecl
  14. @fisthardcheese Thank you. Wish I didn't need to bring it in the first place, but a contract is a contract.