Huey Pilot

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Huey Pilot last won the day on August 20 2016

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About Huey Pilot

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    Oregon Resident Since 1971 after Discharge from Army.
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    Fly Fishing, Golf, Dirt Bikes, Flying, Fender Guitars.
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    Oregon Contract Logger

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  1. Make it easy on your self. Go to the library or a local bookstore and purchase: Defending a Lawsuit by a Junk Dept Buyer (Debt Collection Agency) How a Florida Mom Beat Asset Acceptance, LLC By Sheila R Munoz It's got all the forms and all the instructions, actual filed examples, case law and everything you will need to beat PRA in Florida. I think a purchased a copy for less then $15.00 including freight to Oregon. Best, Huey
  2. The fact that the Plaintiff has not responded to your discovery requests is GOLDEN. I would immediately respond to their discovery request by denying everything. Use the forums standard answers. Most courts will deny a MSJ if discovery is not complete or if there is one outstanding fact. Annotate the missing discovery item by item in your reply to Plaintiffs MSJ and be sure to include all documents when you file your reply. Include an affidavit of denial of debt and get it notarized and send CMRRR to plaintiffs attorney after you file it with the court. Plaintiff is going for a quick Default
  3. I would stick with Bret Knewtson as he's one of the few attorneys that will take a collection case on prior to Oregon mandatory arbitration. It really doesn't matter what his approach is on the SOL. He just might get lucky at arbitration and win for you. Regardless the pressure will be on him by the Plaintiff to try to get you to settle. I WOULDN'T. Once you get past Arbitration and on to real Court you have a good chance of dismissal. I filed a number of pre-trial motions including a Defendants MSJ to run up the costs and have the documents available for re-trial at the Trial De Novo. (Also
  4. Of Interest: http://www.gpo.gov/fdsys/pkg/USCOURTS-ksd-2_07-cv-02331/pdf/USCOURTS-ksd-2_07-cv-02331-0.pdf Check This: ARIZONA State Court Rules Arizona Supreme Court Rule 123. Public Access to the Judicial Records of the State of Arizona. Summary: Governs public access to judicial records generally. Generally mandates that public records such as Court records be kept open, with some exceptions for, e.g., financial account information, work product, some juvenile & criminal records. Procedure: Court must state reason for sealing. Arizona Rules of Civil procedure, Rule
  5. WLS, Good Job! You showed up which places you ahead of better than Ninety Percent of the Defendants. You slammed the door on a quick Default Judgment and sent a clear message to the Plaintiff that you are going to fight and the battle will cost Midland a ton of money in attorney fees. There is now no easy win for either of you. You can't expect the Judge to dismiss the case at this point for any reason. The Plaintiffs MSJ was just testing the water to see how hot it was and maybe get a lucky quick default judgement and/or to scare you into not appearing. Your now back in the hunt and the
  6. The most important thing to do is reply to their MSJ within the time frame allowed in GA. You have to get this action back to a regular trial. Any pre-trial motions at this point won't help you much if the Judge rules on the MSJ for the Plaintiff. Usually lack of complete discovery or missing documents you have requested but not received will trump their MSJ. Focus on that package. Take a serious look at all the documents from Jill Sheridan from Gwinnett County GA with a Google search. She has some of the best templates posted for her win against Midland Funding. Follow her examples and us
  7. The Delaware three year borrowing statute definitely does no longer apply inn Oregon. Bret Knutson and his team argued that and lost. You will have to use the conventional means of defense which includes the automatic loss with mandatory Oregon Court Adjoined Arbitration. Just make sure you file all the paperwork on time every time. Once you appeal and get to regular court with a real judge, after arbitration, you will most likely win. In the mean time admit absolutely nothing. Keep filing requests for discovery and all the pre-trial motions to run the expenses up for the Plaintiff. Best of
  8. Objection your honor - third party business records. OC is not Plaintiff. "I Don't Recall" ever having an account with this OC. Objection - Immaterial - I never have had any account with this JDB and owe them not one penny.
  9. Congratulations!! I always wanted to try this approach. Oregon Courts are famous for allowing JDB Plaintiff's to enter summons and complaints without any evidence. Timing is everything. A limited time slot opens when discovery can be requested as well as closing prior to mandatory Court Adjoined Arbitration. The whole process favors the Plaintiff and usually is an automatic win for the Plaintiff at the Arbitration level. I always thought that if the next day after receiving Summons and Complaint a Defendant filed a "MSJ for lack of evidence in lieu of Answer" the Plaintiff Attorney would
  10. Your Caption and header should read. Defendants Reply in Opposition to Plaintiffs motion to dismiss defendant's counterclaims. Don't forget: File with the Court Provide a CMRRR copy of filings to opposing attorney memorandum with case law Attached affidavit of truthfulness Certificate of Service I'd use a cover letter directing correspondence action to both Court Clerk and opposing attorneyYou may not need all this but it's professional and will get you the judges ear. If this is a preliminary motion prior to arbitration you will have to coordinate a 15 minute oral argument with the Judge
  11. Don't count on anything and start preparing your Defense as if this never happened. Washington County is Corrupt and all they want is more money from both you and the law firm DNGPC. If it goes to outside Arbitration they lose a lot of potential revenue. Some have succeeded, most don't. Object to everything in writing and admit nothing but you name and address, HP
  12. Jill Sheridan fought this same battle against Midland in Georgia and Won. She as a huge amount of documents on the WEB and some excellent templates you could use. Here is one for starters: http://www.jdsupra.com/legalnews/judgement-in-favor-of-defendant-jill-she-65558/
  13. Jill Sheridan fought and won a similar credit card law suit in Gwinnet, Georgia against Midland Funding. She has posted tons of documents she used for her win on the following link: http://www.scribd.com/collections/3042742/Frederick-J-Hanna-and-Associates-Midland-Funding-v-Sheridan-Gwinnett-Georgia Yours being a Georgia case, and virtually the same lawsuit, these templates should be extremely helpful for case law, procedures, and how to generate the correct forms and responses. You can also do a Google search for, Midland Funding vs Jill Sheridan and obtain more specific information f
  14. The fact that you are appealing arbitration and going into trial de novo is not what the Junk Debt Buyer wants to hear or deal with. Now that you additionally have an attorney involved in the foray just add's more expense and improves your chances for dismissal. It cost's lot's of money to fly in witnesses and continue the expense of answering paperwork and responding to conference calls or meet and confer requirements, motions, man-hours billed and filing expenses so more than likely both attorneys will try to get you to negotiate a settlement. Go for the dismissal DNGPC is a volume lawfirm/c
  15. one of the all time great wins against Midland Funding was against Jill Sheridan out of Gwinnett, Georgia. Do a Google search on lawsuits + jill sheridan and you will find a ton of documents to be used as examples with case law that will help you win your case. http://www.scribd.com/collections/3042742/Frederick-J-Hanna-and-Associates-Midland-Funding-v-Sheridan-Gwinnett-Georgia