Harree

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About Harree

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  1. Flyerfan - I am thinking of filing for sanctions too. What is best source of info on how to go about it? I posted a new topic because JDB filed docs AFTER the dismissal w/o p. I wonder if it has something to do with protecting themselves for not filing anything with the claim? But it is not my statement they filed, so I do not know how it could help them. I filed copies of the same with my motion to dismiss showing it wasn't my name. BUT AFTER the dismissal??? I don't get it.
  2. I was sued by JDB for a credit card debt and it was not my account. My name is not on the account and I was not a co-signer on the account. The account was charged off in a bankruptcy by a relative. Then the OC tried to get me to pay it off. I disputed it with them and they charged it off, sold it to one JDB, who sold it to another on the same day. After the first pre-trial, with the help of a lot of folks on this site I put together a couple of motions, an affidait of denial and a motion to Quash their discovery since I was Pro se and there is a Florida rule that says they can't request it. The first judge ordered them to provide statements and a signed cc app. They ignored the order. JDB moved for voluntary dismissal at 2nd pretrial conference. I objected to no avail - I had filed a motion to dismiss with prejudice 11 days prior, but motion was to be heard at the pretrial (according to the clerks when I filed). It was a new judge and a new attorney and neither one of them knew my case. The only thing they filed were two BOS's, which had not detail at all and could easily have been thrown out. Even though there had been No evidence filed with the claim, the judge let them dismiss without prejudice - told me they beat me to the punch and had a right. I have been looking at possible sanctions or appeals, but I don't think there is anything I can do. I do not want them coming after me all over again and the VD (good term for it!) extends the SOL for a year, or whenever the orignial SOL was, whichever is later. Then yesterday I got service from the CA attorney's office. It was postmarked the day of the dismissal and filed with the court 3 days later. One was a notice of filing an Account Statement and the other was Notice of confidential info within court file. And, get this, the statement DOES NOT HAVE MY NAME ON IT ANYWHERE! Why would they be able to file anything after the dismissal? Does it mean anything to my case, either now or later? Should I do anything in response? I would appreciate any insight you can offer. Who knew I would be back on here so soon??
  3. Safe harbor provision??? Off I go to research again. I'd love to stick it to 'em. But I did read where SCOTUS issued that ruling. I mean REALLY, how much more protection do these guys need! If the courts were on the up and up they would impose sanctions for the judicial abuse that is going on with hundreds of these cases a day that JDBs file and have absolutely no intention of litigating. But then the courts are making big, fast money too now. The day I was there last there were a couple of hundred cases which were disposed of in 2 hours or so because they were all no shows. They got $62.000 in filing fees for those 2 hours. Not a bad take. Even if they only do that 3 days per week for a year that is $9,672,000,00/ year. (OMG that is the first time I calculated that. Who would you risk pissing off - the JDB sugar daddy, or little ol' John Q. Public???) The entire system is a joke - and it is on us!
  4. Thanks to all of you forum gurus, I have some good news! My case was dismissed today! But, disappointingly, it was voluntarily dismissed without prejudice by the Plaintiff. I did ask to meet with a judge and did my best to convince him to change it to with prejudice, but to no avail. He pretty much implied that it was a matter of timing, that the plaintiff dismissed it before I did anything. I explained that I had filed a motion to dismiss with prejudice on 2/15, but it hadn't been heard because the clerk told me I didn't need to schedule a separate motion hearing, that it would take place at my (second) pre-trial which was today. He pretty much just shrugged. I should have had some actual objections ready for this, but didn't. I did just talk to him though and tell him my concerns about them suing in the future and/or selling the debt again since the PL was not the first assignee. He asserted that it would be unlikely - they would have to pay to file again, blah, blah, blah. He clearly doesn't know, or want to know, this scam the JDBs have going. I also told him I still could NOT understand how they could walk into court and file a claim without my name anywhere and no docs AT ALL attached. He seemed at a loss. On another other note - it was a different judge and he had not seen the case at all. It was also a different attorney and he had to ask me what the case was about! He had no docs, nothing, no clue. They had just called him from Miami and told him to dismiss. I pointed that out to the judge, but he mentioned that it was “only a pre-trial.” Guess they don't need any evidence for those! They couldn't even save me the trip to court! I was going to start a new thread to get help with recourse to such voluntary dismissals, but a quick glance around looks like there is nothing to appeal on. The only glimmer of hope I had was the possibility of sanctions for abuse of judicial process or something. If anyone has any ideas I am open. I guess otherwise I just have to pack up a room full of files and wait for the next summons. (It even extends the SOL for one year or the existing SOL, whichever is LATER.) I do realize that it could have been a lot worse, and is for lots of folks fighting this, and would have been worse for me without the help here. So thanks again all - and good luck to the rest of the JDB warriors,
  5. That's great - thanks. I also found a super one that Minnesota publishes that really covers the whole process very clearly and includes information from the defendant's perspective (unlike Florida who has nothing for us!). I hope is is helpful to others. http://www.mnd.uscourts.gov/Pro-Se/Pro-Se-Civil-Guidebook.pdf
  6. usb-forward-flow.pdf Skeeter! I found another Daniel Rose signature. It looks just like the 2007 one I sent you, but this one is 2009. Get this! It also has an entire forward flow US Bank agreement with a Livingston Financial in MN. It is long and I haven't read it all the way through, but even though it is MN I bet it is close to aboiler plate agreement. Take a look at it. I am also going to email it to several people who have helped me, in case it could help anyone else. Hope it helps you somehow.
  7. I agree. When I have time I am going to see what else I can find. Unless there was some kind of a merger and he was redundant. Maybe he objected to robo signing?? Very interesting
  8. Thanks TomnTex. That is a good reminder since I have never done this before - I even forgot to say Your Honor at the 1st pretrial - I just addressed her as "Judge." I won't be able to think fast enough for a reason though - wonder how she would respond to "there is just something not right with that, Your Honor." I think I will study up on a few that are likely to apply. Thanks again for the input.
  9. Hey Racecar - that is certainly an idea. I think I already mentioned in the first pre-trial that the name on it is my daughter's so I think I had better avoid that approach. Plus, they could get me on fraud, which with my luck is what would happen! I didn't know that a Pro Se defendant could go for the costs, but I certainly will. What do they accept - I have a lot of miles to the courthouse and back and a few reams of paper. I'm sure my time is not worth anything to them! And BTW, he is a she. I wanted my CIC name to be Harry but it was already taken - Harry as in Harry's Law?? I am kind of a version of Kathy Bates - maybe a little older and spoling for a FIGHT!
  10. I was thinking I should ask for a jury trial too. I was a little afraid it might tick the judge off. I could just play dumb and ask about it during our pre-trial next week. My guess is the JDB attny wouldn't like that much either - might push him to let it go. I love to let some of my peers know how they operate. Thanks for the feedback!
  11. I was trying to stand on my head to read it when all I had to do was print it! It opens upside down in the post. BTW the upload option is available when you hit the "More Reply Options" button at the bottom of the post (not in email that I have found tho). OMG you are right - that name is exactly the same - could it be a stamp, or a digital signature? Or else he had a lot of BOS's sitting around already signed waiting for the highest bidder. I found his resume on my search for the signatures. He left US Bank after 17 years - he was responsible for debt sales, so it is the right guy (and he started as a Collections Manager in 1995). Wonder why he left? He might make a good witness. I should track him down - I think he is in Missouri now. (Isn't googling spookie??) I think I will keep looking - he might have his own JDB if he was smart (a scoundrel but smart). Anyway, very very interesting. If you need anymore info let me know. It is still grasping at straws, but who knows.... Be seein ya...
  12. Hey Skeeter - When I posted my latest I saw this upload option so thought I would trying getting you those VP BOS signatures this way to look at and compare with yours. Hope it works! BOS Signatures.pdf
  13. Yesterday I filed motion to Quash discovery because I am Pro Se and FL Sm Claims Rules prohibit discovery unless ordered by the court. I included a Memorandum re: Response to PL's Request for Discovery indicating that I did not respond to the request, objected to the discovery but denied all allegations and demanded strict proof and again referenced the rule. I did not request discovery from PL because if I had, the PL had a right to do so too. I also filed a Motion to Dismiss for failure to state a cause of action since there were no documents attached to complaint which is one of the SC rules and I found two Fl case rulings where it was found to be cause for dismissal. I also attached a copy of my dispute letter with the OC and their response as well as a copy of 2 cc statements over a period of 4 years that do not contain my name (and I can supply all of the statements in between because the bank was good enough to include them in their response to my attorney), and I asked for the complaint to be Dismissed With Prejudice. I am going to call the judge's clerk and see if she will address these motions in my continued Pre-trial 2/26 - and hopefully be done with this. (BTW, I also sent copies to the Plaintiff.) BUT, I am sure based on all of the things I have read here from so many, that is overly optimistic. So, I need more help (Sorry - some of you have answered my emails numbers of time. Thank you.) I need to be prepared for what PL could spring on me next. There is no way they have documents with my name on them and even if they had, the OC would have sent those instead of a stack with my daughter's name on them in response to the dispute letter my attorney sent. So what do you think they will throw at me next? I know I will need an opeing statement and to be able to articulate the application of the rules and cases - but what will the PL do that I will not be prepared for. Thanks everyone for all of the help that you have lent me. This racket these JDB's run has blown me away. I am trying to think of a way to get the media to expose what is going on - I mean it cries for 60 minutes or one of the political pundints - it has all of the elements of the focus on the 1% - banks, corporations, politicized courts beholden to monied backers turning their backs on the very people they screwed over to begin with! Sorry about the soapbox but it boils the blood to see the thousands of people hurt by this. And that is an understatement I am sure.
  14. Sorry to hear about your experience. I don't think it is just Indiana though. I am in Florida and went to observe prior to my Pre-trial conference. There were maybe 10 lawyers in a group at a table just clipping off the case numbers for the court administrator as fast as they could go - and of course 98% of them were defaults from no shows. It is amazing the amount of money they won in just the couple of hours or so I was there. And the attorneys were all chummy with the administrator and clerks - joking and laughing. If the courts cut this off (along with the foreclosures) they wouldn't have any income with all of the state cutbacks. It is really a sad state in our country for this to be the status quo. I hope Elizabeth Warren is working on something that could stop this - she should be. I think the country would be shocked if 60 minutes did one of their investigations on this. Maybe everyone on this site should send a mass letter to their producers - nothing short of that is going to change it I'm afraid. I'd check into BK for sure and get a fresh start. Best of luck to you.