c m chase

My Case **I WON**

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Ok. So I realized a new violation.

On the summons I got, the front page says "If you dispute the debt....all collection efforts, including this lawsuit, will cease until we send you the requested information."

Hmmmmm....well, I disputed several times. I also disputed after they sent me the summons. My first paragraph in my answers was basically "I dispute this alleged debt AGAIN and demand strict proof thereof."

Have they sent me anything? NO.

Have they continued with this lawsuit? YES. They just sent me a full set of discovery requests.

So, I'm going to take this federal. I'm keeping this suit in state district, but I'm filing a NEW lawsuit in federal for several reasons.

1) FCRA violations...about 4 or 5. They have my report all kinds of wrong. I didn't add that in my original counters because they just updated it last month to be even more wrong.

2) This thing about the summons. False statements in the collection of a debt (FDCPA).

3) Not having any real attorney involvement in collection. Sure, they sued...but they also admitted to me in writing (WOOHOO!) that they never had my files. Lots of views say before a lawfirm can collect, they have to personally review the files or it's considered just 'renting out' the law firm letterhead. FDCPA violation.

4) My state allows for $2000 for each violation listed up there.

And whatever else I can squeeze in....any ideas welcome.

I should be able to get this together and file in federal by Monday. :shock:

Bring it on ladies. :twisted:

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Just a few updates for anyone who cares.

I filed for Default Judgment. They objected. I've been DYING to get my copy of it to see what their objection was...I just knew I did something stupid to get it nullified....but here's why they objected:

"The Defendant has not received permission from the Court to amend her Answers and Counterclaims and, as such, there in no requirement on the Plaintiff to file any reply to any such amendment."

:shock::roll:

Maybe this "law firm" needs to read the Oklahoma Rules of Civil Procedure...because THE RULES say I don't have to have permission to amend as long as they didn't already answer my counters...which is the case.

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.

I've been told I should file a Motion for Summary Judgment based on this ruling because his objection means ONLY that he doesn't know the Rules of Civil Procedure. I'm sure the judge will totally enjoy that. :D

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:everybodyclap: Go Chasey!

This is awesome.. it is like watching a soap opera!

I am so jealous.. sometimes I wish I had collection accounts on my CR! haha!

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Heard anything from the Okla Bar Assoc?

Actually, YES. I just got my letter yesterday. And it's a crock of crap. I'm going to follow up with them and give them more tidbits about the lawfirm....they don't know about all the stuff going into my fed complaint.

Here's what they said:

We have received your grievance against the above-referenced attorney.

We are not opening a formal investigation at this time. Instead, we are sending Ms. Lawyer a copy of your letter and requesting that she respond to us as soon as possible, but with at most two weeks, about the matter set out in your letter. It is possible that in the manner, the complaints made in your letter will be addressed and there will be no reason for the General Counsel's office to conduct a formal investigation.

So, what they're saying is they are going to ask the attorney if she did anything wrong, she'll say no, then they'll close the case.

I will file again with them shortly. I think, just like the law firm I'm dealing with, they need their hands held through the whole thing. They don't see the violations, I'm sure. :roll:

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I just get a huge kick out of this idiot law firm. I'm working on my answers to their Admissions and such and, in reading, I see they spelled "Request" wrong....THREE TIMES!! And they spelled their own name wrong once. :roll::lol:

Yep....they're winners. :)%

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:shock: This lawyer HATES me. I have a bit of an update.

As far as the OK Bar Association complaint: I'd received a letter from them a couple of weeks ago saying that they weren't doing an investigation quite yet...that they would send a letter to the law firm and see what they had to say about it.

Well, today I got a letter from the Bar Association, along with the response letter from the head lawyer of the firm. :shock:

His letter basically said: "CMChase is NOT a client of ours...she is being sued by our firm. Sure, she is alleging we violated the FDCPA, but that has nothing to do with the Bar Association...that's up to the courts to decide. CMChase is a Defendant in this case as well as a potential Defendant to another upcoming suit [they put that in there to scare me!!!!]. We didn't violate any rules of professional conduct and it was wrong of her to send this complaint to you."

The response from the Bar Association basically said: "Yeah, that's great and all, but allegations of the FDCPA ARE our business and if you violated them, that is attorney misconduct and IS something that will be investigated. You need to respond once again, addressing EACH AND EVERY allegation CMChase set forth. Let us know within 10 days or a formal investigation will begin."

:shock::shock::shock::shock::shock::roflmao::roflmao::roflmao:

GOD these guys hate me soooooooooooo much!!!!! :lol:

I'm so gonna get creamed. LMAO!!

In other news and more updates....

I sent them a request for Interrogs and Production of Docs the other day. I also answered my Admissions. Other than that...no word from anyone on the default or anything like that.

I am SOOOOO stoked about this Bar Association letter. Terrified. Nervous. Excited. Thrilled. Everything. :shock:

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OMG chasey!!! That is so great! I can't believe their response to the Bar! Sounds like you have got them crying down both legs! Should be interesting to see what this situation produces!

You ROCK!

THEY ARE MORONS!

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Wow, Chasey, I just love it. Good for you. Funny how they think proffession misconduct only applies to their clients not their opponents. :roll:

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They will absolutely be lovin' to send you a boatload of cash. Good job.

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Funny thing is....I still haven't shown them the OTHER violations I have them on (5 state and 5 federal). They have no idea there's a federal suit brewing. MUUHAHAHAHAH!! :twisted:

*walks around the Mercedes lot*

"I'll take that one, and that one, and that one. Put it on THEIR tab."

:D:D:D

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:lol: I wish I could!! I'm on the edge of my seat too!!!

They got my 'courtesy letter' saying "listen...you need to answer your counterclaims so there's no default" over a week ago. I gave them until Feb.20. 10 days down...10 to go. :D

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They have until Monday to answer my 'good faith letter'. No word yet. :roll:

I guess I'd probably go for the MSJ instead of default since it's less forgiving. *sigh*

OH. And the Bar Association had given them 10 extra days to answer. They answered with a notice of confidentiality so I can't see what they said. HAHAH!! Losers.

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Well, I was advised to go to the clerk and find out the status of my Motion for Default. After a bunch of hooplah, I finally made it to the judge's office and chatted with his secretary (who, I must say, likes cats more than anyone I've ever met in my life - the office was COVERED...and she was wearing cat earrings).

Anyway, she said since they filed an objection, there would be no default. I said "even though they lied on their objection?" :cool::lol:

She had me fill out a request for a scheduling hearing / conference. :? I have to pick it up next week after the judge has scheduled it and send it to the Plaintiff's attorney.

I have no clue what to expect from this one. :shock:xThudx

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Your legal battle makes for interesting copy....maybe you should contribute to one of my books. :)

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I've always been told not to specifically ask for damages, both actual and punitives, by seeking a specific dollar amount.

I've been advised to state "actual damages in an amount to be determined by a jury" and "punitive damages in an amount to be determined by a jury".

Hi CM Chase, just thought I would 2nd leadhead. When Speaking w/Ex lawyer she basically said that she needs to know the damages because the amt I asked for in the complaint was contradicting w/the damages she feels should be awarded if we settled. We know that in the end, we will have the last say on that.

Just my two cents.

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