ldk007

JDB attorney starting to cave!

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I swear I must be dealing with an JDB attorney who obtained his law license from a Cracker Jack box.

In my ongoing saga with a JDB and their Kindergarten flunky of an attorney, I have filed a Motion to Strike their hearsay testimony against me for the trial that is scheduled for the end of this year. The judge however has yet to rule on my motion. When I filed my motion, I sited the Trinsey v. Pagliaro case law because the attorney was giving his own "testimony" in the pleadings. As we all know, attorneys can't testify.

Well yesterday, I received a reply to my motion. The attorney must be running scared or something because he quickly changed the style of his pleadings. In addition to this, the attorney admitted that the JDB did in fact purchase the purported debt that they are suing me for. To add icing on the cake, the attorney AND the JDB both admitted that no employee working for their offices was an employee of the original creditor. Because they admitted that they didn't work for the original creditor, they cannot authenticate documents that they may or may not have in support of their claim.

Oh it gets even better.

In response to me telling the court that their testimony was hearsay, the attorney argued that the JDB employee's testimony is admissible "*IF*" the employee can lay a foundation. What foundation? They can't even validate the purported debt nor have they ever showed me (or the court) a shred of documentation to back up their claim—and even if they did, it's hearsay evidence. PULEEEASE. It would be much easier for me to get documentation of an order receipt at my local Taco Bell.

Then to make matters even worse for the JDB, their own attorney is now telling the court that this case is just a "dispute between me and his client" and that the JDB "claims" to the court that I owe them money. HUH? Shouldn't he be saying "IS owed" instead of "CLAIMS to be owed?"

Is this attorney starting to feel intimidated by me? Is this attorney starting to turn on his own client? Is this attorney afraid that I'm going to turn him into the bar because he committed perjury in the original complaint because he had NO CLUE as to what he was suing and swearing under oath for? Is this attorney wiping his *** on the JDB because he knows that I'm going to sue them after it's all over with?

Because they admitted to purchasing a debt while in default, I REALLY would like to file a Motion for Summary Judgment against them. But I don't think that I can do that just yet.

On top of everything else that I've had to put up with, the paperwork from the attorney is very sloppy. Typos, wrong dates, funky fonts, conjoined words, poor grammar, wrong numbered paragraphs, terrible punctuation. Even the wording on the envelopes is written with markers and neon pens and looks like they've come from a graffiti artist. The only thing that's missing are the little smiley faces, stick figures, and rainbows drawn with Crayola crayons. It makes me wonder if this attorney is on acid or still in Elementary school. And this is suppose to pass as being professional? That's a joke.

Any advice, opinions, or suggestions here?

Edited by ldk007

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Call Mr. Crackerjack and see if he wants to dismiss his action against you prior to you filing a motion to dismiss. If he thinks he is as screwed as you think he is, he may go for it, just to get out of the situation.

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1.) In Understanding the facts of the case.

2.) To make any reasoned specific legal argument.

3.) Are generally just pushing paper to get a default judgment.

4.) Are not ready to deal with a Defendant challenging the action.

I'd push hard for getting fees and costs with the frivilous lawsuit.

It seems he knows it was BS and he can't prove it and now the "jig" is up. It's usually against state collection law and bar association code of ethics to forward a suit with no merit.

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Don't get too cocky or you may lose focus on the job you still need to do. I don't know all the particulars about your case but from what you have wrote, you do not understand the law enough to rest your hat on the items you spoke on and expect to win. For example, that affidavit could very well be admissable by the business records exception to the hearsay rule- don't stop doing your homework on this deal!!!

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You may want to get a CO consumer attorney to knock this out for his fees!

CO has GOOD consumer law. Its very reasonable, with a good attorney, that he can make other side pay for his attorney fees.

Make this JDB suffer.

Edited by trueq
spelling

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I think you're in a fantastic spot and congrats on the great job!! The advice given about not counting your chickens before they're hatched is good, though.

It may be too late to file a countersuit for court costs, but you could hire an attorney as was suggested.

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The only thing that's missing are the little smiley faces, stick figures, and rainbows drawn with Crayola crayons.

I have received smiley faces and stick figures in legal correspondence from very senior attorneys. So, there is still hope for you.

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i have received smiley faces and stick figures in legal correspondence from very senior attorneys. So, there is still hope for you.

:ROFLMAO2:

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I swear I must be dealing with an JDB attorney who obtained his law license from a Cracker Jack box.

In my ongoing saga with a JDB and their Kindergarten flunky of an attorney, I have filed a Motion to Strike their hearsay testimony against me ... As we all know, attorneys can't testify.

QUOTE]

They can testify as to their expenses, charges to their client etc. for legal fee reimbursement

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I'm so sorry that I'm being cocky. But I'm just so upset that I'm being taken advantage of like this. Yes, I know it happens all the time. But still, I'm super p'oed because this "lawsuit" has been going on FOR ALMOST A YEAR NOW with no merit or foundation. This party simply refuses to submit any documentation at all because they don't have it.

This moron thought that I was going to just bend over and pay him once he filed that bogus lawsuit against me. But when I started to fight back, he now doesn't know how to get out of the mess he created. I have a 6th sense—and I can feel that he's biting his nails, drinking vodka by the bottle, and contemplating what to do next without him or his firm getting into deep mega trouble for it. I also haven't ruled out a formal complaint to the Bar.

It's still not over for me and what doesn't help me at all is the fact that the judge has a reputation for being a little biased against pro se parties. But I've also heard too that he has a reputation for following the law and going by the books which in a sense, works good in my favor providing that I can show and prove what this JDB has pulled against me.

As of now, I'm about finished with my reply to THEIR reply concerning my motion. The judge has yet to rule on my motion because he is away. This JDB thinks that their "records" are admissible to the court. I however, beg to differ—and that is where the basis of my next argument will be. Although I'm no attorney, I know enough about the law to know what they can and can't pull in court. You guys have heard the old saying, "kick 'em while they're down." That's what I intend to do in the next paperwork. In all of my work, I am extremely careful with what I put down. Why? Because I don't want something to go against me. On top of that, I always make sure that the moron signs for the mail he gets from me. Unlike him and his graffiti letters, I not going to take the chance of me just slapping a stamp to an envelope and mailing it. I don't trust him or the JDB.

Since the JDB and their attorney admitted that they purchased a debt I supposedly now owe to them, I'm also going to tell the court that they caused their own injury and are barred from getting a judgment on me. Last year when I filed my answer, I basically told the court that—but the JDB would never admit it. Now they admit to it.

Although I have numerous violations of the FDCPA and FCRA (they are re-aging one of my credit reports—and YES, I disputed with all 3 CRAs), I thought long and hard about filing counterclaims against them. But I think that it's too late to countersue as the admin says. But I decided that it's best for me to file a separate lawsuit in district court because my claims against them exceed the jurisdiction of the court. They are suing me in county court.

As of now, I am looking for a consumer attorney who will take my case. But I haven't had any luck at all. Apparently, Colorado CA's don't like to get involved in cases like this (well, that's how I see it). But if this case prolongs without the assistance of an attorney, I'm going to file a Motion to Dismiss a week or two before the trial date—maybe even sooner if their efforts collapse.

But once this is all over with, I'm going to take these parasites to court like the way Grant took Richmond.

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With all due respect, you are not speaking the judge's language and your legal theories on this matter are not substantiated by fact or case law- in fact, just the opposite is true. I fear if you don't find an attorney to assist you at this point, you will wind up with a judgement against you. You will wind up with a judgement- insist that the judge errored in his decision, waste time and money on an appeal- and still be left with a judgement. Do yourself a favor and consult an attorney- I wish you the best of luck-

Henry

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Guess what? A consumer attorney within my state contacted ME. :shock:

I spoke with him for over a half hour and he wanted to know all the details about the case. He was extremely nice and helpful. However, I hardly doubt that he will be able to represent me because of distance. He's on the opposite side of the state.

As I went into explaining how this alleged debt came about and what was being used against me, he told me that the JDB's attorney was making FALSE statements against me in court and that it was perjury and even fraud upon the court. I also told him that the JDB's employee was going to give hearsay testimony in court over the alleged debt. The man spoke my language. He told me that it was nothing more than hearsay—the same thing that I've been saying all along. As I spoke with this attorney, he kept telling me how well informed I was with the laws and the fraud that JDBs are known for pulling in court. He also told me, despite my aggressiveness and shrewdness, that he could tell that I was very irritated and distressed over this JDB.

Because the JDB and their attorney was in violation of numerous sections of the FDCPA, he told me that he was in favor of filing a lawsuit against them in FEDERAL COURT. However, what posed a problem was the mess that I'm currently in—me being the defendant in a frivolous lawsuit in state court.

I'm going to be filing some more papers against this JDB. As I said earlier, this JDB is starting to cave in so I guess we'll see what happens with this next set of paperwork. The JDB's attorney is really stupid and has no clue of what is going on. His pleadings are shaky and all he's doing is contradicting himself. I really do believe that he's giving up—but again, I'm not going to get comfortable with anything.

As for the JDB, I won't dare mention their name because I don't know who or what looks at this board. But if you want a hint of who the JDB is, they are known for dismissing court cases at the last minute. Oh yeah... and they love to portray themselves as a 'creditor.'

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...your legal theories on this matter are not substantiated by fact or case law...

My pleadings have been backed up by both facts and case law. That is why the JDB's attorney can't counter me. ;)

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Good consumer attorney kicking tail nearly 100% against JDB's and getting paid by JDB's!

On other side of state. Did not want to travel to my county.

Do you know what I did?

I traveled to his county courthouses, pulled his cases at the courthouse and copied his pleadings!

Best damn 3 hour drive I ever made! (I spent 4 hours at 2 courthouses)

As a result of doing that, I have 2 JDB cases where I made them buckle. Will be getting $1000 for THEM getting me to agree to dismissing with prejudice! ($50,000+in claims) (they wanted me to mutual dismiss without prejudice, I REJECTED!) Now, in retrospect, that was the most productive roadtrip, ever!

I brought another attorney in to negotiate dismissal (tactic to scare them, because now I can stick them for atttorney's fees). So it gives them incentive to pay the $1000, I can easily run my bill, which under WI law, they will pay for!

Attorney I hired was extremely impressed with my legal work.

Ohh, and I still have a separate lawsuit pending for debt collection violations against attorneys, which will be a separate "negotiation" matter.

Edited by trueq

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My advice: take a couple of opportunities to "SIC" some of their typos. Do it up front in a reply brief or in opposition to one of their motions. The point will not be lost on your Judge.

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My advice: take a couple of opportunities to "SIC" some of their typos. Do it up front in a reply brief or in opposition to one of their motions. The point will not be lost on your Judge.

I'm sorry calawyer. I may be having a blonde moment here, lol. But what do you mean by taking the opportunity to "SIC" some of their typos. I think I know what it means but maybe you can explain it a little better for me.

And yes... The JDB attorney's paperwork is extremely SLOPPY. The last reply I got from them was filled with typos and punctuation similar to what I saw in 2nd grade. I can't believe that this type of work passes for a job that should be sleek and professional.

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I'm sorry calawyer. I may be having a blonde moment here, lol. But what do you mean by taking the opportunity to "SIC" some of their typos. I think I know what it means but maybe you can explain it a little better for me.

And yes... The JDB attorney's paperwork is extremely SLOPPY. The last reply I got from them was filled with typos and punctuation similar to what I saw in 2nd grade. I can't believe that this type of work passes for a job that should be sleek and professional.

It almost sounds like an attorney has not reviewed it or had personal knowledge, care and conduct of the file. :whistles:

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I would love to see any case law that supports the 'recovery barred due to self inflicted injury' arguement.

Go down your local court house and pull a few personal injury cases, there are a million of them ;)

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That's great but we're not talking about a personal injury case, we're talking about a breech of contract case (probably) and I bet if the terms of the account are available and admissable at a trial, the terms would outline the permissability of the 'transfer the account'

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It is perfectly legal for someone to sell me a car with no wheels and no engine. It is unlikely that I could sue them for selling me a lemon if I knew of this when I bought it. And that is theory behind the volenti non fit injuria defence.

It is called junk for a reason. When the JDB bought it they knew it was a non performing and usually disputed account, yet they went ahead and bought it anyway with that knowledge. Why should they be able to cry foul and sue? :dunno:

If you knowingly but a piece of crap you should suck it up.

Personally I think there is a lot of logic in the theory.

That is neither here nor there however,as it won't fly is the general answer.

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I'm sorry calawyer. I may be having a blonde moment here, lol. But what do you mean by taking the opportunity to "SIC" some of their typos. I think I know what it means but maybe you can explain it a little better for me.

He means to quote them liberally and note their errors for all to see. Here is an example from "The Times" a UK Daily paper(cited at Wikipedia):

Warehouse has been around for 30 years and has 263 stores, suggesting a large fan base. The chain sums up its appeal thus: "styley [sic], confident, sexy, glamorous, edgy, clean and individual, with it's [sic] finger on the fashion pulse."

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I'm sorry calawyer. I may be having a blonde moment here, lol. But what do you mean by taking the opportunity to "SIC" some of their typos. I think I know what it means but maybe you can explain it a little better for me.

And yes... The JDB attorney's paperwork is extremely SLOPPY. The last reply I got from them was filled with typos and punctuation similar to what I saw in 2nd grade. I can't believe that this type of work passes for a job that should be sleek and professional.

Sorry, I wasn't very clear. What I meant to say was that you could copy some of their errors in your brief. For example: Plaintiff contends that "the FCRA is not intrended [sic] to cover sitiations[sic] such as these[sic] ones." Plaintiff is wrong.

Doing this a couple of times will make the Court focus on the fact that you care enough to proofread your work product but the plaintiff, who is requiring a non-lawyer to navigate the legal system on his own, does not.

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LOL, thank you KentWA and calawyer for clarifying this for me. I filed more court papers to the JDB attorney a few days ago. Unlike him, I try to conduct my work professionally even though I'm no attorney.

BTW, another consumer law firm got in touch with me. They've called several times and have left me several messages. I even got the chance to speak with two associates. They are requesting that I send them all the documentation/court papers in regards to this case. They believe that my rights have been violated under the FDCPA and are interested in assisting me.

I can't believe it. A LAW FIRM shows an interest in MY CASE. :shock:

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