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back from court..a winner now what?


jets1934
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back from court..a winner now what?

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Came back from court today from a collection agency in Pa called bluestone investments..they were suing me for $8000 credit card account they purchased from Merchant bank..(This is the one they had sent to the wrong apt# and this was their third attempt the first was dismessed without prejudice because of the wrong apt..the second was rescheduled)my appointment was for 10 am ..I showed up there at 9:30 am and went over everything I learned from this fantastic website..the scumbag lawyer came up to me and wanted to deal..I said no deals..he said had a witness coming to testify..and I said fine I'll wait for the witness..(he was trying to intimidate me) He showed me an internet print out of a foreclosure i had 4 years back and a printed paper with some figures of how they got the amount they are suing for.I said fine..We waited till 10:30 no witness of course..we went in to the judges chamber and he wanted to reschedule ..the judge said No..this was the final attempt..HE gave the judge a copy of the papers he showed me and he began asking question about credit cards, foreclosures and my previous addresses and if I had been sued before..I showed the judge a copy of a certified letter I sent requesting discovery on july 2 2007 and I still havent received..to make a long story short..he had nothing and I beat the scumbag lawyer..the judge dismissed the case with $0 award..the scumbag lawyer said he would appeal..what do I do now?? thank you so much love to all that share their knowledge on this site..

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It was a low life jdb...there was no court reporter there..but i think it was recorded...he had a folder full of junk debt..you should have seen his face ..it was a kodak moment... I felt like King Leonidas from the movie 300 and I bitch kick the bloodsucking scumbag lawyer and screaming "'...THIS IS SPARRRTAAA..." LOL

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I used a combination I first used validation of debt.and discovery.must be done before you are being sued...from what i've read here you can do it after.no harm will come off of it because most of the time the judges and the lawyers arent educated about the laws completely ,,,, here are the ones i used which i found on this site... good luck

Your name and address here

Name of CA here

Date:

Re:

To Whom It May Concern:

This letter is being sent to you in response to a notice delivered to me by ***** on ******. Be advised that this is not a refusal to pay, but a notice sent pursuant to the Fair Debt Collection Practices Act, 15 USC 1692g Sec. 809 (B) that your claim is disputed and validation is requested.

This is NOT a request for “verification” or proof of my mailing address, but a request for VALIDATION made pursuant to the above named Title and Section. I respectfully request that your offices provide me with competent evidence that I have any legal obligation to pay you.

Please provide me with the following:

· What the money you say I owe is for;

· Explain and show me how you calculated what you say I owe;

· Provide me with copies of any papers that show I agreed to pay what you say I owe;

· Provide a verification or copy of any judgment if applicable;

· Identify the original creditor;

· Prove the Statute of Limitations has not expired on this account

· Show me that you are licensed to collect in my state

· Provide me with your license numbers and Registered Agent

At this time I will also inform you that if your offices have reported invalidated information to any of the 3 major Credit Bureau’s (Equifax, Experian or TransUnion) this action might constitute fraud under both Federal and State Laws. Due to this fact, if any negative mark is found on any of my credit reports by your company or the company that you represent I will not hesitate in bringing legal action against you for the following:

· Violation of the Fair Credit Reporting Act

· Violation of the Fair Debt Collection Practices Act

· Defamation of Character

If your offices are able to provide the proper documentation as requested in the following Declaration, I will require at least 30 days to investigate this information and during such time all collection activity must cease and desist.

Also during this validation period, if any action is taken which could be considered detrimental to any of my credit reports, I will consult with my legal counsel for suit. This includes any listing any information to a credit reporting repository that could be inaccurate or invalidated or verifying an account as accurate when in fact there is no provided proof that it is.

If your offices fail to respond to this validation request within 30 days from the date of your receipt, all references to this account must be deleted and completely removed from my credit file and a copy of such deletion request shall be sent to me immediately.

I would also like to request, in writing, that no telephone contact be made by your offices to my home or to my place of employment. If your offices attempt telephone communication with me, including but not limited to computer generated calls and calls or correspondence sent to or with any third parties, it will be considered harassment and I will have no choice but to file suit. All future communications with me MUST be done in writing and sent to the address noted in this letter.

It would be advisable that you assure that your records are in order before I am forced to take legal action. This is an attempt to correct your records, any information obtained shall be used for that purpose.

Best Regards,

Your name here

and the discovery

July 6, 2007

Defendants Discovery Demands

Ref:

Defendant demands plaintiff provide true and complete copies of the following within the time specified by law, to wit:

1. Any oral or written statements by me the plaintiff expects to offer at trial.

2. Any documents the plaintiff intends to offer into evidence at a trial of this matter and a statement of their proffered significance.

3. A list of all witnesses plaintiff intends to call at trial, including, name, address, title, and the subject matter of their anticipated testimony.

4. Any and all correspondence to/from me and plaintiff;

5. The name, address, title of those people who helped prepare the answers to this demand ( lawyer and his employees are not a responsive answer).

If plaintiff fails to produce the above within the time provided for by law, defendant will object to same should they be offered into evidence in a trial of this matter.

aanother twist you can use...

After filing your Answer with the court you can (if your Rules for Civil Procedure in the State you live in allow) start a Discovery by sending the Plaintiff a Request for Production of Documents - make sure you read the Civil Procedure Rules for the state you live in to see how you should file you answer and also how to setup and if you are required to file the Request for Production of documents with the court.

This is what I used for my Request for Production of Documents:

USUAL COURT HEADING

THEN:

Defendant's First Request for Production of Documents from the Plaintiffs

Pursuant to Rule XX OF YOUR STATE Rules of Civil Procedure, the Defendant hereby requests that the Plaintiff, XXXXXXX to produce at YOUR ADDRESS for inspection and copying the documents specified below pursuant to the following instructions and in accordance with the following definitions.

INSTRUCTIONS

1. You are required to serve a written response to this Request within 30 days after service, except that if you are a defendant you are not required to serve a response until 45 days after service of the summons and complaint upon you. Your response must state, with respect to each item or category, that you will produce the documents or tangible things requested and that inspection and copying, testing, or sampling will be permitted as requested unless you object to the Request, in which event the Request must be objected to and the reasons for the objection must be stated as set out in Instruction 5 below. If objection is made to part of an item or category, the part objected to must be specified and the remainder of the Request granted. The written response is due within 30 days after service of this Request. It is important that your written response be served promptly so that any objection or claim of privilege may be resolved in advance of production.

2. You are required to produce and permit inspection and copying of every requested document that is in your possession, custody, or control or that is in the possession, custody, or control of your principals, agents, employees, attorneys, representatives, insurers, any persons or entities acting or purporting to act on your behalf, and any other persons or entities in active concert and participation with you, whether past or present and without regard to whether their relationship with you currently exists or has been terminated.

3. You are required to produce pursuant to this Request every requested document currently known to you and every requested document that can be located or discovered by reasonably diligent efforts.

4. You are required to produce pursuant to this Request the original of every requested document and any copies that have been altered in any way or that contain on their face additional markings, comments, or information. If the original of any document is not available, the most legible copy should be produced.

5. You are required, if you object to the production, inspection, or copying of any requested document on the ground of privilege, work product, trade secret, or on any other grounds, to state for each such document: (i) its customary name or description and its identifying number, if any; (ii) the date of the document; (iii) the name and address of each person who prepared the document; (iv) the name and address of each person or entity who received the document or any copy thereof; (v) a summary of its substance; (vi) the name and address of each person or entity who has possession, custody, or control of the document or tangible thing or any copy thereof; and (vii) the precise nature of the objection made and a complete description of all facts, if any, upon which the objection is based.

6. The documents to be produced pursuant to this Request must be produced either as they are kept in the usual course of business or they must be organized and labelled to correspond with the categories in this Request.

7. You are required, if you are unable to obtain any document required to be produced pursuant to this Request because the document is in the possession, custody, or control of any other person or entity, to state for each such document: (i) its customary name or description and its identifying number, if any; (ii) the date of the document; (iii) the name and address of each person who prepared the document; (iv) the name and address of each person or entity who has possession of the document or any copy thereof; (v) a summary of its substance; (vi) a description of the efforts taken by you to obtain the document; and (vii) the reasons, if any, given by the person or entity in possession, custody, or control of the document for not providing it to you.

8. All attachments to any requested documents that are stapled, paper clipped, or otherwise affixed to documents must be produced and must be attached to the document to which they relate.

9. Unless otherwise specified this Request for production covers all of the documents that were produced or in existence at any time during the period beginning 2000 to current date, e.g., the date your response to this request is served.

DEFINITIONS

(a)“Document” means any written, recorded or graphic matter, whether produced, reproduced or stored on papers, cards, tapes, belts, or computer devices or any other medium in your possession, custody or control, or known by you to exist, and includes originals, all copies of originals, and all prior drafts. It includes all original business records, non-identical copies, computations, memoranda of oral or telephone conversations, tabulations, records of correspondence, notes made on other documents, microfilms, etc. A request to identify a document is a request to state as applicable:

1. The date of the document;

2. The type of document;

3. The names and present addresses of the person or persons who prepared the document and of the signers and addressers of the document;

4. The name of the employer or principal whom the signers, addressers and preparers were representing;

5. The present location of the document;

6. The name and current business and home addresses of the present custodians of the original document, and any copies of it;

7. A summary of the contents of the document; and

8. If the original document was destroyed, the date and reason for or circumstances by which it was destroyed.

(B) “Plaintiff” refers to each party to whom this Request is made and any of their principals, agents, employees, attorneys, representatives, insurers, and any persons acting or purporting to act on their behalf, and any persons in active concert and participation with them, whether past or present, without regard to whether or not the relationship currently exists or has been terminated.

REQUESTS FOR PRODUCTION

1. The alleged credit application from “”Account”” bearing the Defendant’s signature;

2. The alleged credit agreement from “”Account”” that states interest rate, grace period, terms of repayment, et cetera;

3. Itemized statements or credit card statements from “”Account”” that demonstrate how the alleged amount of $XXXXwas calculated;

4. A contract, agreement, assignment, or other means demonstrating that Plaintiff had the authority and capacity, and was legally entitled to collect on the alleged debt from “”Account””;

5. Letter(s) sent to Defendant by Plaintiff, demonstrating an attempt to collect on the alleged debt, “”Account””;

6. A notarized statement, if presently existing or otherwise, by a person with original knowledge of the alleged debt, as it was constituted, and who can testify, or be so interrogated in a deposition, that the alleged debt was incurred legally;

7. Any and all further documents that you believe establish that Defendant had an outstanding debt related to alleged “”Account””;

8. Any further documentation, beyond what has been previously requested, that clearly establishes Defendant’s liability and/or responsibility to the alleged debt;

9. Any and all credit report(s) Plaintiff obtained from any credit reporting agency concerning the Defendant;

11. Any and all notes, memoranda, or likewise, be they handwritten, computerized, or typed, regularly kept in the normal transaction and business of collecting debts, that relate to the Defendant and/or “”Account””;

12. All DOCUMENTS relating to any communications between Plaintiff and Defendant with respect to the alleged “”Account””;

13. All DOCUMENTS relating to any communications between Plaintiff and Original Creditor with respect to the alleged “”Account””;

14. All copies of charges slips signed by defendant, with the original creditor.

This theXXX day of XXXX, 2007.

YOUR NAME

Address etc

CERTIFICATE OF SERVICE

I certify that the foregoing Request for Production of Documents was served on the plaintiff by depositing a copy thereof in a depository of the U.S. Postal Service, by way of certified mail, addressed to the following:

Scum bag attorney

address

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