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I a previous thread....I've stated that I am being sued by a JDB...hired an Att'y, spoke to him about the court date being 11/28/06....we talked about countersuit, FDCPA violations, discovery/chain of custody...he told me "Don't worry, I'll get this filled and you don't need to be in court on the 28th." I got copies from him, he filed all of this on 11/27, along with a request for continuance for 60 days for discovery...and he sent discovery req. to their Att'y of record. The stuff below is what is posted on casenet...and I got a copy of the default judgment signed by the judge in the mail.

I've called my Atty, and e-mailed him, but no answer. On casenet they have down the wrong Atty #...and it's clear on the copy that he sent me....it is one digit off. I'm about to loose my mind wondering what will happen next.

I have a Dr. app't near his office on Tues 12/5 (it's a 2 1/2 hr drive) so I am going to leave early and stop at the Atty office. But I can't sleep..so any help would be great.

11/27/2006 Docket Entry: Entry of Appearance Filed

Text: ENTRY OF APPEARANCE FILED WITH DFT'S COUNTERCLAIM, ANSWER, AFFIRMATIVE DEFENSES AND COUNTERCLAIM AND CERT. OF SERVICE OF DFT'S FIRST INTERROGATORIES AND REQ. FOR PROD. OF DOCS. TO PLT.

Filing Party: STOKES, MICHAEL ANDREW

11/28/2006 Docket Entry: Default Judgment

Text: COPY OF JDMT SENT TO ATTYS OF RECORD.

Docket Entry: Disposition Hearing Held

Text: Case called. Atty Sutter appears on behalf of Plaintiff. Defendant fails to appear. Default Judgment entered. LW/ci

Associated Docket Entries: 10/31/2006 - Return Scheduled

Associated Events: 11/28/2006 , 13:30:00 - Return Scheduled

11/29/2006 Docket Entry: Judgment Entered

Filing Party: WINFREY, LARRY JR.

The filing party is not my Atty, this guys Bar # is one digit off.

On the top of the copy of the jdgmnt I got in the mail...It has a fax date and time...Nov.21, 2006 5:02PM CMPS LAW No. 4706 P.4/11

CMPS Law is Cohen McNeile Pappas & Shuttleworth...the Atty's for Erin Capital Mgmt. Do the Atty's just send these things for the judge to sign...anticipating that there will be a default jdgment?? :confused:

Thanks....

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I DV'd them in the beginning which they ignored, and filed suit instead....(isn't filing suit collection activity??)

Also my Atty mentioned that Erin Capital was not registered nor had a registered agent in this state....This is in his filings with the local court house...

I read the discovery...from my Atty and he's asking for proof of anything and everything, written, computer, sworn statements from people with 1st hand knowledge...etc. I'm confident he knows what he's doing.

But I am hassled, tired, PO'ed, and in general sick of these pieces of s--t

walking all over my legal rights, then they want their rights upheld.

I'm ready to go Federal with this if my Atty thinks I have enough....might as well spend the $ I borrowed to pay them (if it came to that), by using it to sue them.

Besides the local court system is really a good old boy network...that's why I went far away to get my Atty.

Should I DV the JDB and their Atty's, and their Atty from this county?? I always CMRRR every thing that gets sent in the mail to do with my credit.

Thanks.

:evil:

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Okay, Normy, whadda I miss? Are you blowing this off? I don't understand..

patioar: Assuming yours is a real post...IMHO, lots of things don't add up there. What had 11/21 on it? A copy of the judgement that was faxed? Neither Stokes nor Winfrey is your lawyer? Maybe is one of them in the same firm as your lawyer?

Depending on the court...yes...sometimes lawyers do just send copies to the judge for signature...but...if your lawyer had filed papers, there should have been a hearing...at which, if your lawyer or a member of his firm was there, you needn't be.

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I had discussed the beginnings of this in another thread...but was not getting anywhere with info on this latest part...so I started another thread.

The fax date of 11/21 was at the top of a copy of the judgment against me that was signed by the judge on 11/28 and filed by him on 11/29.

Winfrey is the Judge. Stokes Bar a$$'n # is 53878 (he's in Virginia...so the Bar site says) My Atty is Michael McCrary Bar # 52878.

I had expected that the hearing on 11/28 was cancelled as my Atty told me I didn't have to be there....he had filed for a continuance and discovery on 11/27.

I think I'm past the time to DV, having done that, and they filed suit as an answer to my request.

I'm just really trying to get some input that will allow me to understand where this went wrong...and if now we are looking at the need to file a motion to vacate the judgment.

:cry:

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You are indeed past the DV stage. Let's just assume that Normy got some bad kibble...

I'm not a lawyer, so I don't have any sound advice for you...but, if it were me, I'd be parked on my lawyers doorstep come Monday morning.

As for the bar ass'n #, I'd guess its just a typo...but it might also explain why your attorney's filing were apparently ignored.

You probably do indeed have grounds for having the judgement vacated...but again, beat your lawyer severly about the head neck and shoulders and find out what happened...

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I'm beyond frazzled with this. I suspected it maybe a typo from the Circuit Court Clerks office....I would have thought that the Judge who reviewed the file (hopefully) before he ruled against me...might have found a disparity between who drew up the papers (McCrary) and who they say filed them (Stokes).

I'd go to the court house on Monday...but I guess I have to wait for my Atty...and I'll be in his town on Tues. That's what is so difficult...we had a major snow storm, and most offices were closed on Thurs and Fri....so he hasn't returned my call or answered my email.

I've had a ton of bad kibble myself trying to deal with this issue...Oh well.

Thanks....

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If the digits are off it's my thought that your case got confused with another one. My only other guess is, your atty didn't show for the hearing...but it really does look like they got confused. I truly hope this gets cleared up! I wish I had some better thoughts...other than to not give up. Did you visit your atty today???

Elyse

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According to Mo. state law the orig. judge retains jurisdiction for 30 days...so we have to file...make that had to file (it's done) to vacate the judgment, I'm sure that will make Cohen, McNeile and Pappas happy...as well as Erin Capital Mgmnt. We can't get on the court docket until 12/26 because the judge is going to another county to try a case for 2 weeks....blah, blah, blah.!

We've got some good stuff on our side...so time will tell how bad they want this. It'd been a different story if they'd answered my DV....with something else other than a lawsuit. Now the fight is on. :twisted:

:shock: Thanks for the comments about the beginning of the posts...I wasn't sure if my chain was being yanked, or I wasn't making myself clear. I was just too stressed to see straight. Thanks!!

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That " We love DVs" says volumes....

Stay alert, patioar

Aw, c'mon. It's just that DV isn't all it's cracked up to be. Sure, it has a place in the process, but you've gotta admit it's kinda funny that its so often touted as the universal cure-all. It's basically just a condition precedent.

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He filed a motion to set aside....that may be different than a motion to vacate the judgment, I'm not sure.

I agree DV's aren't a cure all...we can't hold a gun to their head and make them respond....basically we have to wait to see what their next move is or isn't and go from there.

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My point is: Don't take as gospel comments by people who claim to be pro-consumer, but rarely side WITH consumers.

Such drivel is expected from COLLECTORS, not those who CLAIM to be consumer friendly.

There are many here and on other boards with ulterior motives. I'm just advocating being SAFE.

(off my soapbox)......

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My point is: Don't take as gospel comments by people who claim to be pro-consumer, but rarely side WITH consumers.

I dont seem to agree with this one.. Sometimes someone will post a comment or response that the consumer does not want to hear, even though it may be the best option. Unfortunately they take it offensively while it is really the best option for the consumer. I have had many questions answered from people who give me both what I want to hear and what I dont want to hear. Its funny, after consulting with professional legal help, alot of the answers I didn't want to hear ended up being the best option. And all the answers I got answered that I wanted to hear, could have screwed me in the longrun. Bottom line, even though there is great help to be found on these fourms, if you want real professional advice, get a lawyer.

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I agree in the context of plausible nolo entendre or promissory estoppel....

(darn what is IN this coffee?) Semper Hi FI!

Anyways, folks, I put in my .02, others put in their .02, and everyone have a good weekend. Will try to reconnect from Cozumel....

take care all, be safe, happy trails.......

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  • 1 year later...
CMPS Law is Cohen McNeile Pappas & Shuttleworth...the Atty's for Erin Capital Mgmt. Do the Atty's just send these things for the judge to sign...anticipating that there will be a default jdgment?? :confused:

Thanks....

Hi. I know this is an old post, but I'm being sued by this same law firm for the same CC company on Nov 19. How did you fare with them? Any suggestions? I too believe they've violated several FDCPA laws.

They're saying I owe over $8,000 and wouldn't settle below $7,732, which I can't afford, so I've decided to fight them in court. I've sent a Discovery request, but so far, no answer. I never heard a thing from this law firm until they filed suit.

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