saint al

Reopen case got a hearing!

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xangelx Hi folks had a hearing on yesterday I thought I had all my ducks in order needless to say I didn't win but I didn't lose either, it was set for aother hearing sometime in the future.

I did find that although the hearing was set for 15 minutes you are not given the whole time to present your case. You are on an assembly line with judges ignorant of FDCPA rules and if for no reason of your own your hearing begans late. In my case I was schedule for 11:15 am didn't start until 11:25 am after only about 5 minutes in judge starts looking at the clock looking irratated and confused. In spite all that I still think I can win and if not I believe I have enough ignorance of the law to make an appeal.

I putting plan B into motion seeking an attorney either (1) finish out this case or (2) Plan for an appeal and (3) File a lawsuit against 3 banks and all 3 credit reporting agencies.

I have put up a good fight on my own, but as it has been said in this forum "you never know what a judge might do", therefore I will still fight if I have to but I think legal help will expidite this process in my favor.

Well I have some work to do and I'll keep you posted!

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Good luck!! let us know and exactly what is your case about?

xangelx Before even knowing anything about this forum and the consumer protection laws. I recieved a summon to a pre-trial by CACH, LLC I assumed it was mine (big mistake) never really read the court papers(another big mistake), so I was ready to make a deal. I signed a stipulation that I would pay X amount per month til paid off. Well on day I decided to cleanup my credit, started reading books on the subject then following their online links, that how I got here, tons of information and experience and I put it to practice and it really work.

Anyway after getting educated I went back and read the paperwork found out that this debt collector is the new owner of a BoA account of mine, problem is I never had a BoA account. Found some old cr that I did have an acct open on at a certain time but I had transferred it to a new account, this acct also was a replacement for a lost/stollen acct. Looking at the cr a new acct appear open on the same day by a Barnet Bank new acct number(can somebody say ID Thief) then next thing is Nationsbank has the acct, then lastly BoA who decided to create a new acct but open on the same day, which is why i question them(CACH) and they sent me 4 BoA statements

with my name and a different acct no. on them.

I reopen the case with this information, I was just about to show the judge that these statements has activity during 2005 and I have a credit report showing the account close by credit grantor 3/2001 thereby showing fraud in these documents. Unfortunately as I was putting this in her hands by her estimation my time was up but she did say to the plaintiff another hearing and they need to reconcile the two different accounts. So thats where we are now. I think that they'll try to us an affidavit for BoA bank officer whom they have used already for the original acct. So there you have it. I still can use everybody's help so give me what you got. God Bless!

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xangelx Hi folks had a hearing on yesterday I thought I had all my ducks in order needless to say I didn't win but I didn't lose either, it was set for aother hearing sometime in the future.

I did find that although the hearing was set for 15 minutes you are not given the whole time to present your case. You are on an assembly line with judges ignorant of FDCPA rules and if for no reason of your own your hearing begans late. In my case I was schedule for 11:15 am didn't start until 11:25 am after only about 5 minutes in judge starts looking at the clock looking irratated and confused. In spite all that I still think I can win and if not I believe I have enough ignorance of the law to make an appeal.

I putting plan B into motion seeking an attorney either (1) finish out this case or (2) Plan for an appeal and (3) File a lawsuit against 3 banks and all 3 credit reporting agencies.

I have put up a good fight on my own, but as it has been said in this forum "you never know what a judge might do", therefore I will still fight if I have to but I think legal help will expidite this process in my favor.

Well I have some work to do and I'll keep you posted!

Hi .be careful, do not know what mood the judge will be and must fight to the end.

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JURISDICTION AND VENUE

USE ONLY IF YOU ARE IN FEDERAL COURT ... OTHERWISE USE YOUR STATE JURISDICTION IDENTIFICATION 1. In response to Paragraph 1 of the Complaint, DEFENDANT admits that Plaintiff has claimed federal jurisdiction pursuant to 15 U.S.C. § 1681(p) and under 28 U.S.C. § 1331. As to the remaining allegations in Paragraph 1, DEFENDANT denies each and every allegation contained therein.

2. In response to Paragraph 2 of the Complaint, DEFENDANT admits that Plaintiff has properly claimed that venue lies in the xxx Division. DEFENDANT also admits it is qualified to do business in the . DEFENDANT states that these are a legal conclusions, not subject to denial or admission.

JURY DEMAND

3. Defendant has demanded a jury trial and paid a jury fee.

PARTIES

FACTUAL ALLEGATIONS

6. In response to Paragraph 6 of the Complaint, DEFENDANT does not have knowledge or information sufficient to form a belief as to the truth of these allegations and, on that basis, denies each and every allegation contained therein. REPEAT

STATEMENT OF CLAIM AGAINST DEFENDANT

16. In response to Paragraph 16 of the Complaint, DEFENDANT denies each and every allegation contained therein.

17. In response to Paragraph 17 of the Complaint, denies each and every allegation contained therein.

18. In response to Paragraph 18 of the Complaint, denies each and every allegation contained therein.

AFFIRMATIVE DEFENSES FIRST AFFIRMATIVE DEFENSE

(Failure to State a Cause of Action)

Neither Plaintiff’s Complaint nor any purported cause of action asserted therein states facts sufficient to constitute a cause of action against DEFENDANT , and further fails to allege facts sufficient to entitle Plaintiff to the relief sought, or to any relief whatsoever, from DEFENDANT .

SECOND AFFIRMATIVE DEFENSE

(Truth/Accuracy of Information)

DEFENDANT is informed and believes, and thereon alleges, that Plaintiff’s claims against DEFENDANT are barred, in whole or in part, because all information DEFENDANT communicated to any third person regarding Plaintiff was true.

THIRD AFFIRMATIVE DEFENSE

(Indemnification)

DEFENDANT is informed and believes, and thereon alleges, that any purported damages allegedly suffered by Plaintiff is the result of the acts or omissions of third persons over whom DEFENDANT had neither control nor responsibility.

FOURTH AFFIRMATIVE DEFENSE

(Failure to Mitigate Damages)

Plaintiff has failed to mitigate his alleged damages and/or injury, if any.

FIFTH AFFIRMATIVE DEFENSE

(Contributory/Comparative Fault)

DEFENDANT is informed and believes, and thereon alleges, that any alleged damages sustained by Plaintiff was, at least in part, caused by actions of Plaintiff and/or third parties, and resulted from Plaintiff’s or third parties’ own negligence, which equaled or exceeded any alleged negligence or wrongdoing by DEFENDANT .

SIXTH AFFIRMATIVE DEFENSE

(Laches)

Plaintiff’s claims are barred, in whole or in part, by the doctrine of laches.

SEVENTH AFFIRMATIVE DEFENSE

(Estoppel)

Plaintiff’s claims are barred, in whole or in part, by the doctrine of equitable estoppel.

EIGHTH AFFIRMATIVE DEFENSE

(Waiver)

Plaintiff’s claims are barred, in whole or in part, by the doctrine of waiver.

NINTH AFFIRMATIVE DEFENSE

(Independent Intervening Cause)

DEFENDANT alleges upon information and belief that if Plaintiff sustained any of the injuries alleged in the Complaint, there was an intervening, superseding cause and/or causes leading to such alleged injuries and, as such, any action on the part of DEFENDANT was not a proximate cause of the alleged injuries.

TENTH AFFIRMATIVE DEFENSE

(Other Defenses Incorporated by Reference)

DEFENDANT hereby adopts and incorporates by this reference any and all other affirmative defenses asserted or to be asserted by any other Defendants in this proceeding.

ELEVENTH AFFIRMATIVE DEFENSE

(Improper Request for Punitive Damages)

Plaintiff’s Complaint does not allege facts sufficient to rise to the level of conduct required to recover punitive damages, and thus all requests for punitive damages are improper.

TWELFTH AFFIRMATIVE DEFENSE

(Statute of Limitations)

Plaintiff’s claims are barred, in whole or in part, by the applicable statutes of limitation.

THIRTEENTH AFFIRMATIVE DEFENSE

(Right to Assert Additional Defenses)

DEFENDANT hereby gives notice that it intends to rely on any additional affirmative defenses that become available or apparent through discovery and/or the factual development in this case or otherwise, and thus reserves the right to amend its answer to assert such additional defenses.

WHEREFORE, DEFENDANT prays for the entry of judgment in its favor and against Plaintiff as follows:

1. That this action be dismissed in its entirety and with prejudice;

2. That Plaintiff takes nothing by way of the Complaint;

3. For such other relief as this Court deems just and proper.

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