dellb130

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About dellb130

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  1. Nice.....haven't been here in awhile. Just wanted to say, people, listen to what what Bmc100 says...He is very good, he can, and likely will help, but he will not do all the work for you. Read, read again. Make sure you do your homework and you too can be successful. Just want to say Thanks again Bmc100
  2. Okay. Thought that may be the case. Would it still be a bad idea to request the info you might ask for in a Dv letter? Or would that be during discoveries? I wonder how much info the OC might even have still?
  3. ] I think he said the plaintiff is 5/3 so this would be a little different than a standard jdb case, right? They throw the word "assigned" all the time, you can never be too sure of what they're talking about lol. Would it be too late to do a debt validation? Oh yeah, he was notified by a servant today (got papers)) I'll do the question run down when I get more info
  4. Quick info, i'll update tomorrow or thursday when I get more info Original creditor 5/3 bank, but it's "assigned" to a collector in farmington hills I think it is. Original amount for about 19k last paid: a few years ago i think.... He was always very good regarding his credit, finances etc. When the housing bubble burst and construction went bad, coupled with a divorce that left him pretty broke, he sort of had t let it go, he simply couldn't afford it anymore. He's not proud of that fact, he hates to owe anyone anything, he got caught in the credit trap. So I'm trying to help him, based on everyone's knowledge here, and my limited knowledge from my case i fought and won last year... Thanks again, like I said i'll update asap, maybe i'll call him tonight after I get the kids to bed...
  5. wow, BMC100 you're really getting into this! I'd bet if more judges really were familiar with these laws, etc...and people in trouble really pout in the effort to become educated, I can't see why many, many more of these cases wouldn't get dismisses...Thanks again for the help!
  6. can you post what the complaint said, redact (delete) your personal info. What other papers were you served with along with the notice?
  7. as probably mentioned in here, if they ask for anything, you don't really need to provide anything. They're trying to sue you, don't do their homework fo them. They can be beat, what you have to do is find an angle of attack, or 2 or 3 even.
  8. awesome! Congrats! Looks like a good week for the CIC boards. You are correct, it's frightening at first and does require a lot of reading, learning, more reading, more learning, a few beers, and a little help here and there.
  9. I have a thread about it-search my name. Anyway, It started out like a typical case. I get mail, probably ignored it, maybe I don't really remember. Got the complaint saying I'm being sued. Wife helped me out at first, found this sight, and this thread and that's where I got most of my info for the first respsonse. Sent that in. Later on, first conference was over the phone. Basically I just told the judge I didn't have an agreement with stillman, So I don't owe them. Judge basically said "well, I don't see anything here that really shows you own the account, you'll have to provide more proof". So, 90 days discovery, etc... a week or so later I get a big pack of papers on the mail with the usual BS affadavits, asset schedules, copies of statements, whatever- the usual stuff they have that doesn't really prove they own anything. Not too long after I received another big book of papers, the all too usual Interrogatories/ admissions packet. I answered it back, careful to never admit that they were in fact the assignees of the account. So looking for help I had BMC100 take a look at the docs I had and he helped figure out some angles of attack, and suggested I promptly file an MTD. So I did, and I guess I didn't know it should've been way sooner, with my first settlement conference coming up in 2 weeks. The clerk asked the judge if she'd hear my MTD at the hearing, she said she would. At the hearing the Judge asked me to go ahead with the motion. i was pretty nervous. I went through it, attacking the authenticity of the account, another how the asset schedule and affidavit of sale was vague and non-specific. They didn't include my name, account number, etc... Only that a bunch of accounts were sold. Maybe they were, maybe it was mine, but they couldn't prove it without a doubt. Last, and what really sealed the deal with the judge was that the alleged date of sale, and the delivery of accounts were backwards. The lawyers tried BS'ing their way around it, but the judge told the first one time and again "i will not speculate that these things are true". Sure you could maybe take all this info and say that I did in fact owe stillman based on alllll the info they though showed ownership, but the Judge would not go so far as to speculate. So lawyer #1 wanted 2 more weeks. Well 2 weeks later i arrive once again to the court room, well the hearing room anyway. New layer this time. He was scrolling through what looked like their response to my MTD maybe. He didn't do that for too long, and played around on his phone for most of the time before the judge came in. Finally I was called up, the judge looked over the file and quickly remembered what was going on. She asked the lawyer if they wanted to provide any new info to prove ownership of the account. He tried some BS'ing, but fell short and once the judge figured out it was going to just like 2 weeks ago, she dismissed the case with prejudice. Success. I got the order of dismissal in the mail yesterday. So there's the long and the short of it, I'm sure i forgot a couple details, it's been hectic. Thanks for anyone who helped, you know who you are.
  10. well, with a little help from the boards here I filed a motion to dismiss, mostly attacking the alleged ownership of the account. They failed to provide sufficient evidence to make a claim as assignee.
  11. Lol thanks for the shout out. Anyway another thing I think may have helped me a little bit is i tried to present myself well. I don't really have a nice suit (i should I know) but I wore nice slacks, button up, tie, my really nice going to a nice wedding shoes, lucky gold-toe socks, clean hair that's not in my eyes, and i sat up straght and poised. I never interrupted the judge, spoke when prompted and let the attorney and judge handle the rest. I don't know if this helped a lot, but I like to make a good impression, people will judge you a lot on looks (whether they should or not) and that can make a difference right there. anyway, sorry for the threadjack just thought I'd throw that in there. Thanks again for the great help BMC100
  12. that's pretty much what I did, took a bit of work, but I did it.