Jimmy E

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Jimmy E last won the day on December 31 2018

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About Jimmy E

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  • Birthday 01/18/1967

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  1. I think you got this one since it has been so long. I wonder why the judge did not rule one way or another on your motion for arbitration -- especially since it was the last filing in the case (unless I'm missing something)? I would just wait for the time to expire. I'm sure your motion had much to do with their non-response. Still, I can't help wonder why judge took zero action on the motion? Best of luck. I'll be watching! -J
  2. Sounds like it has come full circle -- arbitration! The Plaintiff either let your case fall through the cracks, or they do not want to dive into arbitration. In fact, others jump in on this as well, but is it too late for Plaintiff to answer OP's motion? I know in Arkansas, cases that have had zero 'movement,' can be dismissed for want of prosecution. Since it has been MORE than one year, you might want to seek opinions from the forum on crafting a 'Motion to Dismiss WITH Prejudice.' That would be the only reason I would consider filing a MTD. Since Plaintiff is one who filed and has been quiet for more than one year, getting a dismissal WITH prejudice would prevent them from simply filing the case again. If for some reason they DO file a motion, the one year deadline has passed -- even though the court was several months late in informing the parties. Others, what do you think?? -J
  3. If I'm looking at the right case, you should stick with ARBITRATION. In fact, file a separate motion to have case settled by arbitration. Once you've done so, you will never hear from Lamb. I've gone up against him twice, District AND Circuit courts, and beat him like he owed ME money! Seriously though, Lamb is 'fishing.' The fact that you answered the complaint is probably enough for him to move on. There's too many others who won't answer his complaints, to bother with your $780. When I say 'others' I mean the HUNDREDS and HUNDREDS of cases he has filed in practically ALL 75 Arkansas counties. Stay on top of it. You got this. -- Fellow Razorback, Jimmy
  4. Thanks @BV80 and @debtzapper. I still 'troll,' but since most everyone recommends arbitration, I have little to offer. With ongoing JDB tactic changes over the course of time, I agree arbitration is the best way to go, if one can. I just saw this post, was familiar with the JDB attorney, and wanted to let OP essentially know that Lamb will take a suit to a certain point -- until he can't use 'stock' replies, and actually has to WORK, and will likely drop the case in the end. $740 takes him too much time imo, especially when you send 50+ interrogs and a whole lot of RFA. Jimmy
  5. @Mrssmith, that's good to hear -- do let us know how it turns out. If for some reason you stop seeing your attorney, another GREAT group is the 'Cook Law Firm' here in Little Rock -- especially J.R. Andrews. He knows EVERYTHING about JDBs and loves to think of ways to countersue. (501) 225-1500, just in case. Jimmy
  6. @Mrssmith, short of being able to compel arbitration, which is not likely given the amount, go ahead and answer the complaint. Just give general denials -- perhaps posting your answers before you send it to the JDB attorney. I've dealt with the Plaintiff attorney, Lamb, in the past. His tendency is to delay going to court, then when forced, ends up dismissing w/o prejudice. He literally has 1000+ cases going at any one time. Of course, that's not a guarantee he won't go 'all the way,' but I doubt it -- especially if you stick with it. Ply him with discovery. In a worst-case scenario, you can appeal 'de novo,' with the case beginning anew, as if it had never been adjudicated. Arkansas is one of very few states that allows a 'de novo' appeal, which bumps the case up to Circuit Court, and you start over from scratch. None of this means you will ultimately win your case, but it would buy you a LOT of time -- hopefully enough that Lamb drops the case. Good luck! Jimmy
  7. You haven't been to Arkansas! Seriously though, based on your appreciated posts on this thread, the goal we would agree, is to help the OP as best as possible. Okay, I'm naive in my posts to try to help OP. I've read with keen interest your answers/reactions to various posts. That being the case, what would you advise the OP do? Seek best settlement with JDB? Toss as much discovery to Plaintiff as possible (there's no limit in Arkansas), and hope they just decide to dismiss so they can go after the 'lower hanging fruit' we call 'Summary Judgment' because these kind of defendents never respond? As a consumer, I honestly believe people should pay legitimate debts. I think most would agree with that. I suppose, like it or not, there is just something 'wrong' knowing that full payment would go to a JDB who paid $5 for that $1000 account. Debtor's fault, of course, by not settling with OC. So, pay up? Fight back? What, seriously? Over the many years I have been on this forum, I had believed it existed to help defendants FIGHT JDBs, with the attitude of: "...even IF this is my debt, pay back should go to OC, not a JDB. Each to his or her own opinion of course, but to continually comment that a defendant is basically "screwed," and needs to pay up/settle, or whatever terminology used, goes against what this forum is about. If a poster's knowledge level and experience is such that he or she KNOWS doing 'X' 'Y' or 'Z' is NOT the way to go, then why only tell that person why he is going to lose? In other words, why not offer constructive criticism on how defendant might be able to WIN? I know most people are not on the forum to be 'nice,' but to be 'right,' and that is appreciated. However, if OC sells bulk to JDB and paperwork is in place .... meaning JDB is going to win, then what is the purpose of the forum? Is it to address those who are exclusively victims of identity theft, or those who have no idea where this credit card debt originated? If so, this is the perfect forum. If NOT, lay it out on the line, but at the very least, provide opinions on what the OP can do to delay, make JDB work hard, or otherwise make it harder for JDB to win. If no positive advice can be given, and it's your opinion that OP will lose, why not say that and quit posting. OP is looking for HELP. If you cannot provide it, why keep on answering posts that essentially saying the OP will lose, no matter what. Just a thought. Jimmy
  8. You're probably 100% correct. Of course the numbers are going to be the same -- the OC says $1000, the JDB shows $1000. But, OC covers its butt by saying "records might not be accurate" (or some such) before selling their BULK list to JDB, who opens their 'filing cabinet,' drops the OCs records into it, and calls it their own business records. I see lots of arguments if I'm in front of a judge. Plus, I've never known a defendant to add their own credit report to the mix unless it is blantantly wrong in defendants favor. It's been my experience that a judge is creditor-friendly, debtor-friendly, or simply hurried. And, regardless of what might be submitted or argued, the judge is quick to make a decision to move the docket along. It's on appeal that judge(s) take time to examine everything, as it is the only way to know if original judge erred. Call it right, wrong, or indifferent, it's what I've been through AND witnessed time and time again, by sitting in on cases. Best, Jimmy
  9. @BV80, I get what you're saying, but I interpret that differently. If you sold your car, at the beginning of the transaction would you not say that 'right now it's in perfect running order?' Or, alternatively, list to the buyer what, if anything, is currently wrong with it? Once it leaves your custody, you are not responsible a day, month, or year from now. That goes without saying. I know the OC is trying to protect itself legally by wording an agreement in a certain way, but I would at least expect there to be some language to the effect of: "Accounts sold and amounts stated are accurate as of 'X' date." This kind of information seems to be what the BUYER ends up saying in an affidavit. Besides, the OC has the record(s), kept in the ordinary course of business, etc. It seems if anyone could say records are correct as of 'X' date, it is the OC. I realize I'm probably talking in circles about this, but I'd use it along with other information if I was in front of a judge, just to further show that 'something stinks.' I don't believe it's the 'holy grail' of winning a case, but part of the argument. Nobody knows how a judge is going to view it, that's all. Jimmy
  10. @wernda1234, it wouldn't hurt to find a 'typical' Forward Flow agreement -- the one where OC sells accounts to Cavalry's subsidiary. The OC will clearly state on that agreement, that it (the OC) cannot gaurantee amounts due are accurate or 'collectible' (or some such wording). How can a JDB win their case, when even the OC denies accuracy?! Clearly, this would have to be pointed out to the judge, either at trial, or more likely in a brief to a 'Motion to Dismiss WITH Prejudice.' Having said all of this, the bottom line is it will depend on the judge. I've seen JDB cases and pro se in court many times. On one occassion, the judge looked at some credit card statements, and asked defendant: "Did you purchase 'X' product at 'X' store on 'X' date?' The defendant said 'YES,' then judge immediately ruled for JDB Plaintiff. Case over (unless appealed). This judge did not take time to give a critical review of everythng submitted on both sides. He just assumed if defendant made purchase, he must be a deadbeat comsumer, and simply sided with JDB. That is why IF a case makes it to court, you have to be ready to appeal the case. In doing so, an appealate judge will actually review what was submitted to find out if the original judge made a LEGAL error. It's generally at this point where the judge will see the huge disconnect between the OC and JDB, along with chain of custody of documents. In other words, your arguments in a brief at this point will actually be read -- giving you a MUCH better chance of getting the original decision overturned. Personally, I would not expect it to go this far. Just saying, be prepared. If it does make it in front of a judge, be ready to speak up with legal arguments that show the disconnect between the OC and the JDB -- from the Forward Flow agreement, to the hearsay documents that follow. -J
  11. Yes, it would be an affidavit from you, but one that states you know NOTHING at all about this account -- you've been a victim of identity theft, etc. That is not your case, and that's okay. Based on your answers, a denial under oath could actually get you in a lot of trouble. -J
  12. Very little is required for filing on an account. In this beginning phase, the proper response to the affidavit would not have been a motion to strike, but a denial under oath. "In a suit on account, the affidavit of the Plaintiff, duly taken and certified, that the account is just and correct shall be sufficient to establish the account unless the defendant denies under oath the correctness of the account, in which case the Plaintiff must prove the account by other evidence." Mille v. Transamerica Commercial Finance Corporation, 74 Ark. App. 237, 47 S.W. 3d 288; also see, Ark ยง16-45-104 (revised July, 2011)." Debt is valid and Plaintiff owns it, until properly argued in front of a judge MANY other FACTS! -J
  13. @Clydesmom, agreed to the 'farming out' of attorneys. In this case there is a 'named' attorney with big law firm in KY. Unless a 'local yokel' as you put it was subsequently tasked with the case, would the 'local' attorney have to work for the same firm? Otherwise, would there not be motions to change representation? I'm asking... I seriously do not know. To clarify, I meant the RFA and RPD they file is where they hope you stumble. The only actual MOTION they are likely to file is one for summary judgment. But, I could be wrong. Good luck! -J
  14. Most JDBs will send out their 'boilerplate' request for admissions, and request for production of documents -- and they are all word-for-word, just with YOUR info filled in. Will they make an extra effort because your alleged debt is more than $10k -- maybe. If the Plaintiff attorney really is in Kentucky, are they going to bother coming to LR for a case they don't even know if they can win? Likely not. They WILL, however try their best to screw you up by filing motions, in the hopes that stumble. Just stay on them, and keep us up to date with anything you receive from them. -Jimmy midland-v-stimpson_appellate_decision_12162014.pdf