c m chase

My Case **I WON**

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So would Hustler...but that's not the point. :wink:

Larry Flint must have had a stroke.

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Well, I suppose I COULD. I never really thought about it that way. If I did that, what would happen to my case as it stands now? I mean, they're still suing me for $3000...what would happen to that? That suit would simply proceed and you'll have to defend against it. Fiiling your complaint in federal would show the plaintiff you're serious about pursuing their FDCPA violations.

Hmmm...you've got my little brain ticking (which is sometimes a scary sound).

I wonder what the timeline would have to be on this for it to work in my favor? I guess I need to decide on this quick.

Wonder if it'll be:

Defendant removes all counterclaims

Plaintiff says "what the HELL is this chick doing?"

Defendant files in federal

Plaintiff say "oooooooh"

Defendant asks for jury

Plaintiff says "D'OH!!"

Plaintiff says "oh crap....we'll pay you $xxxx AND dismiss state case if you don't bring in the jury"

:?:

Does it work this way? Leadhead...you ever see a scenario like this? :hmm:

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Chasey -

The correct response to the question "Is this your debt?" is "I don't know, Your Honor, I haven't seen a shred of evidence proving it is."

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:shock: I just realized something ELSE. On top of all those 16 violations I have them on, I have also been compiling further violations to just use as a "look, the list goes on and on, your honor" kind of thing.

They ALSO recently updated my credit report and:

Listed the collection acct as "installment" now

Listed the collection acct as "open" now

Changed the open date (to before it even went delinquent!)

Changed the status date (same thing)

Verified after a dispute

Upped the balance another $600 (more than they're even asking court for!)

...and each of those count for a state violation as well.

I SO think I should do this and then deal with their claim as we go.

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Chase,

It looks like you also have Midland on FCRA claims, as well as your FDCPA violations.

I think you need to go ahead revise and file in federal against these jerkoffs.

Timeframe really isn't anything to worry about. Go ahead and file and have either their corporate office in Calif served or their RA in OK. If you don't want to spend the $$ on personel service, you can use the "waiver of service" instead. However, they'll have 60 days to answer instead of 20 (if you serve them personally).

Whener I sue in federal, I file the Complaint, send two stamped copies to the company's RA via CMRRR. I also send their corporate offices (attn: Legal Dept. or President) a stamped "courtesy copy" kind of as shock value.

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They'd kick me out of law school. Don't think I'd be very good at that....I whine too much (as you can see). LOL

I don't charge for consultation...I answer anything I can and then tell people to ask the boards for anything I DON'T know.

And all this time I thought that you knew everything :hmm: LOL

So will you be filing in Tulsa or OKC? Let me know when you court date is because I would like to see them suffer. It would be worth the drive.

RedDog

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I'm keeping everything close to home, RedDog. Knowing my luck, if I did anything in OKC, I'd drive up there and then realize I'd forgotten my briefcase. :lol:

And hopefully this won't go all the way to court (though it'd be interesting if it did!)....but I'll keep everyone informed on the issues at hand.

Also remembered another violation. They (the lawfirm) were trying to collect and filed a summons without ever seeing my file. I even have a letter from them (right before complaint was filed) saying they were waiting on the full file from the client. According to caselaw, a lawyer MUST personally review a file before trying to collect. If not, it's seen as 'renting out their lawfirm name' and that violates ยง807(3) : using false representation or implication that any individual is an attorney or that any communication is from an attorney.

Ca-ching!

:D

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Plaintiff still hasn't answered my counters. Waiting patiently. It's day 27 today.

I'm either going to wait until they answer and then file for summary judgment OR I'll be dismissing my counters and re-filing them in federal. I have to decide by the end of the week. :?

Other than that...no updates. Just playing the waiting game.

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Ok....I need some help here, please. It's day 29 after they received my counterclaims and they still haven't answered yet. I was going to give them 35 because that's what I was given to answer the summons.

HOWEVER....I've been trying to find out by the laws if they have a certain amount of time to answer counters or what....here's what I found in OK rules of civ procedure:

DEFENSES AND OBJECTIONS; WHEN AND HOW PRESENTED;

BY PLEADING OR MOTION

A. WHEN PRESENTED. 1. Unless a different time is prescribed by law, a defendant shall serve an answer:

a. within twenty (20) days after the service of the summons and petition upon the defendant,

b. within twenty (20) days after the service of the summons and petition upon the defendant, or within the last day for answering if applicable; provided, a defendant may file a reservation of time which shall extend the time to respond twenty (20) days from the last date for answering. The filing of such a reservation of time waives defenses of paragraphs 2, 3, 4, 5, 6, and 9 of subsection B of this section.

2. A party served with a pleading stating a cross-claim against that party shall serve an answer thereto within twenty (20) days after the service upon the party.

3. The plaintiff shall serve a reply to a counterclaim in the answer within twenty (20) days after service of the answer or, if a reply is ordered by the court, within twenty (20) days after service of the order, unless the order otherwise directs.

4. The party requesting a summons to be issued or filing a counter-claim or cross-claim may elect to have the answer served within thirty-five (35) days in lieu of the twenty (20) days set forth in this section.

5. The service of a motion permitted under this section or a motion for summary judgment alters these periods of time as follows: if the court denies the motion or postpones its disposition until the trial on the merits, the responsive pleading shall be served within twenty (20) days after notice of the court's action, unless a different time is fixed by order of the court

I was thinking....welllllllll....I did an amendment, so it might be different. Then I found this:

Oklahoma Statutes Citationized

Title 12. Civil Procedure

Chapter 39

Oklahoma Pleading Code

Section 2015 - Amended and Supplemental Pleadings

--------------------------------------------------------------------------------

A. AMENDMENTS. A party may amend his pleading once as a matter of course at any time before a responsive pleading is served or, if the pleading is one to which no responsive pleading is permitted and the action has not been placed upon the trial calendar, he may so amend it at any time within twenty (20) days after it is served. Amendments to add omitted counterclaims or to add or drop parties may be made as a matter of course within the time specified above. Otherwise a party may amend his pleading only by leave of court or by written consent of the adverse party; and leave shall be freely given when justice so requires. A party shall respond to an amended pleading within the time remaining for response to the original pleading or within ten (10) days after the service of the amended pleading, whichever period may be longer, unless the court otherwise orders.

That would still put them over the time limit. Am I reading this wrong? It says something about 'unless otherwise specified by law' or whatever....but I don't see anything else.

When can I file for default judgment on these people? :shock:

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Of my two federal claims I filed, one of them made it to Default territory (which I later rescinded and we finally settled). The Defendant was out of state, so they had 30 days to respond (normally 20, which I think is std. rule of procedure, but YMMV, and likely applies to in-state only).

So, methinks at this point, you should maybe go ahead and proceed with Default, tho i didn't get a chance to view the original Counterclaim you submitted, so I could just be talking out my a$$...

Sad, I'm spending my New Years Day penning my third (final?) federal claim - Defendant: RMA

Fortunately, the violations parallel my first case, so it's almost as easy as Cut-n-Paste on the names, dates.. lol

Good luck!

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Thanks for the input, Joe! :D

Today is day 30...so if I gave them that plus tomorrow, since day 30 falls on a weekend....if they don't answer by tomorrow midnight, I can file for Default. (I'm going to the courthouse tomorrow to make SURE of dates, etc).

I'll post my counter here for a couple of days. Let me know what you think...and if this changes your thoughts at all on the case? :?

THANKS!! :D

*edited out info*

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well, as good of a time as any I suppose to pursue default. You're welcome to use the following Motion for Default that I filed as a template for your efforts - tho you will need to review your FRCP to assure the correct rules and language is cited:

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-

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THe nice thing about Default is that it MIGHT actually get someone's attention - at which time 'settling' is a good option for the other party; this one landed me figures in the mid 4-digits - nothing remarkable, but worth the time nonetheless...

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These people are morons.

I filed my motion for default on January 3rd. Today I get Plaintiff's Request for Admissions, Interrogatories and Request for Production of Documents. They sent it yesterday...but they backdated the paperwork to make it look like they typed it up before I filed for Default. LOL :roll:

There are idiot mistakes in the requests too...for instance, they spelled their own name wrong in one place. :shock: They also asked me to give them documentation regarding the Plaintiff's Counterclaim. :? I thought Defendants had Counterclaims?

Wow...law firm RIGHT on top of it, aren't they?

So...what are your suggestions? I sent them requests for Admissions too...they never answered it. I never reminded them about it because of their not answering my counterclaims & my motion for default (which I haven't heard anything on).

:roll: I'm beginning to NOT be intimidated by these idiots anymore. I can certainly tell I'm not working with the highest of the class here.

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These people are morons.

I filed my motion for default on January 3rd. Today I get Plaintiff's Request for Admissions, Interrogatories and Request for Production of Documents. They sent it yesterday...but they backdated the paperwork to make it look like they typed it up before I filed for Default. LOL :roll:

There are idiot mistakes in the requests too...for instance, they spelled their own name wrong in one place. :shock: They also asked me to give them documentation regarding the Plaintiff's Counterclaim. :? I thought Defendants had Counterclaims?

Wow...law firm RIGHT on top of it, aren't they?

So...what are your suggestions? I sent them requests for Admissions too...they never answered it. I never reminded them about it because of their not answering my counterclaims & my motion for default (which I haven't heard anything on).

:roll: I'm beginning to NOT be intimidated by these idiots anymore. I can certainly tell I'm not working with the highest of the class here.

Well.. first of all.... :)++ (Jenn no DRINKY.. trust me)

Peanut butter............... and Pickles.... and *That* is my final answer Chasey! ;)8-)

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Backdating the paperwork.... sound like an ethics issue, especially if they're lawyers....

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Backdating the paperwork.... sound like an ethics issue, especially if they're lawyers....

I have the envelope postmarked Jan. 10th. I'm keeping that one for the records. They must think I'm REALLY dense.

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Sounds like it's just about time to take it to the Okla. BAR Association.

I have had suits in the past that they didn't even have my name, the planitiffs name and some of the details right. My attorney said that is usual and that "they" could file an amended petition later.

But in your case I would contact the Bar now and start asking questions on how to proceed.

It's funny that you updated. I was going to ask what the latest was. But once again you beat me to it. Show off. 8-)

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Sounds like it's just about time to take it to the Okla. BAR Association.

Already done, my friend. I sent a complaint in to the Bar last week, complete with a long letter and all my evidence. :D They REALLY ain't gonna like me now. Heh.

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