Tsandy7 Posted January 18, 2005 Report Share Posted January 18, 2005 My neice has been disputing this alleged debt with calvarly through their attorney, we have vod out the ear, they stilll continue; to sue for 2,000 +the attorney has not answer any of our requests. We have done eveything they have request including the discovery, interrog ectwe even went to court and they did not show up.The judge just told my neice that he did did read all of her case and to tale the the plaintiff attorney to settle this debt.My question is how can one settle for something the the amount is not correct? To make a long story short. the attorney dismissed the suit without prejudice, My neice just now showed me statement from the court say that the Judge overrulled the attorney, now he is back sueing again for the same thing.What is going on here? CAN SOMEONE TELL ME. I AM IN THE PROCESS OF FILING ANOTHER ANSWER AND THIS TIME WE ARE GOING TO COUNTER SUE. aLSO HER MOTHER IS FILEING A COMPLAINT WITHE THE STATE BAR ASSOCIATION AGAINST THIS ATTORNEY. DOES ANYONE HAVE ANY OTHER SUGGESTIONS??????TSANDY7 Link to comment Share on other sites More sharing options...
anti-something Posted January 18, 2005 Report Share Posted January 18, 2005 yes, file a motion to get the case OUT of this judges court!!you went to court and they didnt show?? oh man, you should have put in a motion to dismiss.. a motion to compel, many many things.. Link to comment Share on other sites More sharing options...
Tsandy7 Posted January 18, 2005 Author Report Share Posted January 18, 2005 The Judge did show up , just the attorney did not. If that had been us we would have been defaulted.How does one go about filing a motion to get rid of a judge or move a case. He said that we did not follow rules of procedure. He stated thathe knows rule of procedure, the attorney knows rules of procedures and that is what he goes by.My question is what happens to the littele people? Link to comment Share on other sites More sharing options...
anti-something Posted January 18, 2005 Report Share Posted January 18, 2005 they get screwed, without any lubrication!you need to do some reading, find your states rules of procedure and study them! this case would probably have been thrown out if you had put in a motion to dismiss.. it was you not knowing the rules that has messed this up (not your fault, most people dont know the rules). I cant tell you how to do it, because 1. i'm not a lawyer, and 2. i dont know your states rules..its either get a lawyer or learn it yourself, they are the only options I can see.. Link to comment Share on other sites More sharing options...
Tsandy7 Posted January 18, 2005 Author Report Share Posted January 18, 2005 I certainly will do this, Thanks again and besides she cannot afford anattorney they cost too much Link to comment Share on other sites More sharing options...
anti-something Posted January 18, 2005 Report Share Posted January 18, 2005 also, the court may have a website, or just go in ask for, a local rules of the court! just to make everything even more confusing (heh) some courts have their OWN set of rules on top of the state rules.. I made a presumption that you were in state court.. make sure you are getting the right rules, if you are in federal court, federal rules apply, if you are in state court, state rules apply. Link to comment Share on other sites More sharing options...
Tsandy7 Posted January 18, 2005 Author Report Share Posted January 18, 2005 I found the Ohio Civil rules of procedure and it looks like the same one tis a#@hole lawyer is using.Also, my neice just faxed me a respone she got back from the Ohio Attorney General Office. after they sent a letter to cavalry, their attorney sent them a letter back saying:Please be advised that I am counsel to Cavalry Portfolio Services and Cavalry SPV and am currently in receipt of the aforementioned compliant concerning cPS. Upon completing their investigatin into the matter, CP and Cavalry wo7url like the Consumer Protection Section of the Ohio Office of the attorney general to take take note of the following:Prior to the instant comlaint, cavalry purchased the subject debt fro providian national bank on or about november 19, 2003. at said time, Providian relayed and represented to cavalry that there was an existing and valid balance due from the aformeentioned complainant in the anount of $2,814.00 , exclusive of continuing interest.Please not further that CPS vehmently denies any allegation that improper collection activities were deployed and remains firm in its position that nothing but lawful and ethical collection techniques were previously utilized to collect a valid and lawful debt.In addition, kindly note further that CPS has previously prodided to the complainant herin verification of the subject debt. (A COPY OF THE BILL OF SALE)Finally, please find enclosed herewith a bill of sale from providian verifying the debt and a printout of the account screen maintained by CPS.I am hopeful that the within response assists your office in its investigation and welcome any question should they exist.THIS ATTORNEY IS LYING!!!!!!!!!!!!!! AND I AM MAD AS H---SORRY FOR BEING LONG WINDED Link to comment Share on other sites More sharing options...
Leadhead Posted January 18, 2005 Report Share Posted January 18, 2005 What you need to do is send the plaintiff your own discovery...Defendant's First Request for Documents, Defendant's First Request for Admissions, and Defendant's First Request for Interrogatories. What you're going to do with this is force the plaintiff to provide you with all (if actually existing) evidence of this alleged debt. My guess is since the plaintiff's attorney only attached a computer screen printout from Cavalry, they have no documentation evidencing the creation of the debt.In addition, unless the 'Bill of Sale' specifically mentions the alleged debt, it's nebulous and worth nothing. Link to comment Share on other sites More sharing options...
Tsandy7 Posted January 18, 2005 Author Report Share Posted January 18, 2005 THANK YOU, I AM GOING TO DO THIS.LIKE I SAID BEFORE THIS IS A WONDERFUL WEBSITE.WISH I HAD FOUND IT SOONER. Link to comment Share on other sites More sharing options...
Recommended Posts