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Spikey last won the day on February 6 2014
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Filing MSJ on Nat. Col. Advice needed (pg 4)
Spikey replied to laundryqueen's topic in Is There a Lawyer in the House
The only thing I would caution @laundryqueen on is that members of the bar always get the benefit of the doubt. Even if their excuse is just as flimsy as last time, there's a reasonable possibility that the judge will allow the case to continue. Even if the case is dismissed, I would still expect a new suit to be filed. -
Sued by Unifund - Need input
Spikey replied to Coffee_before_tea's topic in Is There a Lawyer in the House
@BV80 If you can force them to provide the entire ownership/assignee chain that's even better. -
Sued by Unifund - Need input
Spikey replied to Coffee_before_tea's topic in Is There a Lawyer in the House
Even states that allow assignees to sue have rules on what needs to be provided to prove they have the right to sue. Just because we say so is not a valid assignment. -
Being sued by Midland Funding llc in Florida
Spikey replied to 300turbozx's topic in Is There a Lawyer in the House
Since this seems to be your goal, you need to get leverage on them to push for a quicker resolution rather than wait out the 10 months which is easy enough for them to overcome. -
Being sued by Midland Funding llc in Florida
Spikey replied to 300turbozx's topic in Is There a Lawyer in the House
No, a FDCPA violation has no impact on the underlying debt. @ArtVandelay's advice is a way to take care of that. -
Being sued by Midland Funding llc in Florida
Spikey replied to 300turbozx's topic in Is There a Lawyer in the House
The big challenge with a FDCPA claim is that you're dealing with Federal Court. It's a whole new level of complication. I personally wouldn't feel comfortable trying it Pro Se. -
What are the chances they'd settle?
Spikey replied to boltsnapper's topic in Is There a Lawyer in the House
@ArtVandelay I think small claims is a bit different, but anything over $10k has strict timelines attached. You answer the claim, then a trial (it's technically mandatory arbitration) date needs to be set no more than 6 months out. That date dictates the discovery time line and pre-trial motions. The opposing attorney in my case my no effort to try and talk to me to settle. The JDB that owned the debt kept trying though. -
What are the chances they'd settle?
Spikey replied to boltsnapper's topic in Is There a Lawyer in the House
The best FDCPA attorney in your area is Edelman, Combs, Lauttner & Goodwin. Give them a call and see if they can help you. @ArtVandelay There's really no push for settlement in Illinois at least from my experience. The judge stays out of that stuff. -
I'm being sued by Midland Funding OKLAHOMA CITY
Spikey replied to icepeck's topic in Is There a Lawyer in the House
Could you post the complaint? That's what you need to respond to, not the affidavit. -
Being sued by Portfolio Recovery 4 yr. SOL expired
Spikey replied to sinfulcolors's topic in Is There a Lawyer in the House
If you're going to use SOL as an affirmative defense, you're going to need proof other than a credit report which isn't admissible in court. You'll need to pull your banking records, most banks keep all that information electronically. Bank of America will email you the records for free, although you have to wait 2 days.- 52 replies
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Is the discovery period over? If not, make another request for it. It's not necessarily detrimental, but if they have more evidence that you didn't ask for, then you're going to be at a disadvantage come trial. I would suggest trying to keep your information in a single thread rather than a new thread for every question. It makes it a lot easier to follow your case and where you stand.
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admitted to defaulting on a credit card
Spikey replied to determined2fight's topic in Is There a Lawyer in the House
I'm assuming that they are suing you on that card in particular? Defaulting on the card means that you're responsible for the debt. It's not the end of the world, they still need to prove that they own the debt. -
What are the chances they'd settle?
Spikey replied to boltsnapper's topic in Is There a Lawyer in the House
I wouldn't call your MTD a bluff, it's a tactic. A rather valid tactic but unfortunately you happened to run into a JDB that's savvy to it. Had this not been a small claims case you would have had better results. I think you could still win this court. It's not about matching wits, it's about hammering them over their lack of evidence which proves they have ownership of the subject account (aka standing). -
Probably because someone else signed for them. It's not uncommon.