ldk007

Judge reverses JDB's motion!

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Although I have yet to win the war against a certain JDB and their Kindergarten flunky attorney, I DID in fact win a battle that I didn't believe I could win.

Here are the highlights to my ongoing case:

1. JDB attorney files bogus lawsuit (with no documentation) in hopes of obtaining a default judgment or scarring me into a payment plan.

2. Defendant files a nasty 3-page Answer.

3. JDB attorney stalls collection efforts and court proceedings for 8 months because no documentation exists in support of their claim nor can JDB counter Defendant's well written pleadings.

4. Judge gets tired and sets case for dismissal because JDB attorney fails to prosecute.

5. JDB attorney objects to dismissal and sets case for trial.

6. Defendant files a Sworn Denial.

7. JDB attorney pleads that it would be a waste of valuable time and would be too costly to transport his "witness" (hourly employee) to the location of the trial and therefore motions Court to allow testimony by teleconference.

8. Judge grants JDB attorney's motion for showing good cause.

9. Defendant files motion to strike testimony of Plaintiff's witness due to hearsay AND objects to testimony by teleconference.

10. JDB attorney files a simple but shaky (getting-ready-to-throw-in-the-towel) reply to the Defendant's motion.

11. Defendant strikes back at JDB attorney by filing another nasty 3-page reply citing numerous case laws.

12. Judge reviews ALL motions and replies.

13. Judge gets PISSED OFF at JDB attorney.

14. Judge rips JDB attorney and JDB for wasting Court's time and for violating Court rules by failing to provide documentation to support their bogus claim.

15. Judge REVERSES and STRIKES Plaintiff's motion to allow testimony by teleconference.

16. Judge GRANTS Defendant's motion instead.

17. JDB attorney is drinking vodka by the bottle while cursing Defendant and Judge.

18. JDB attorney STILL DOES NOT have any documentation—yes, even after a year of the filing and almost 3 years after the alleged purchase from the OC.

:ROFLMAO2:LMAO!!! :ROFLMAO2:

The JDB attorney was greatly depending on the use of a telephone for his "witness." But the Judge changed his mind and struck it down—I guess because I exposed their fraud -or- because he wants to put them on the spot. (???) Either way, I believe that this is a huge blow to them. Now, the JDB is forced to fly in a live, in-person witness to "testify" against me in Court if they want to "win." Keep in mind that this JDB lives on the east coast and I'm in rural Colorado. So here's the thing. If they are willing to spend the money to transport their "witness" to the trial, they're only screwing themselves even more. Why? Because I destroyed their credibility in my motions because I told the Court that their testimony is nothing more than hearsay so they know how they'll be attacked in court. Then to face the wrath of a judge who's already getting sore with them? Is all this really worth it for them now? Over an alleged debt that they probably paid like a couple hundred bucks for?

Okay, so what about evidence? Well, this is how I see it. This JDB has NEVER shown me one document that substantiates their claim. They can't even validate what they're suing for. If this JDB did in fact have the proper documentation in support of their claim against me, then I would have been dragged into the court room like LAST YEAR. But they don't have anything. I know they don't because their dead silence verifies it. Then when I pointed out to the Court that they haven't shown me anything, they just sit there like a bunch of dummies avoiding the subject. And what happens if they made up some kind of evidence? Well, I know how to attack it because it's not original or authentic because no foundation has been established.

I'm not going to jump to conclusions because I'm being extremely cautious. But I AM a little relieved that the judge is beginning to see that this JDB is a fraud. And while I'm not going to say that I've won because I still have a little more ways to go, everybody that I talk to now tells me that this suit probably won't go much further now and will probably be dropped sooner or later. So now, I'm contemplating on what my next step should be. Any suggestions? My gut instincts tell me that they're screwed. And they themselves know it too.

::laugh::

And Discovery? Forget that. They won't want to go down that path. It's a long story, but the Judge and the moron already saw a copy of what I'd serve. It's 17 pages long and it gave him a sick feeling in his stomach. And if they served Discovery on me? I'm not worried in the least. Why? Because I already know what they'll serve me and therefore I know how to respond to it. But if they really want to tackle Discovery, I say bring it on.

Ever since the Judge struck down their motion, they've shut up completely. They didn't even file a Motion to Reconsider. I never realized how powerful that Sworn Denial was until now. It was well worth the $5. And the Notary? When I see her, I'm going to have to hug her and give her a candy. :mrgreen:

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I'm keeping my fingers crossed for you. It sounds like you were very proactive and knew what to do. I've seen many cases where the sworn denial didn't work, but you used it properly. Pat yourself on the back, take a deep breath and get ready for round two. They will throw in the towel soon:)

BTW, it's a damned shame that this has been going on for a year! I am utterly amazed at how the legal system is so sluggish. A literal interpretation of the laws likely would have ended this saga before it began. It saddens me that judges can be so lenient, granting extensions and continuances...

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Too damn bad you didn't file counterclaims, or is it too late????? Might check on that to recoup monies and time lost.

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Too damn bad you didn't file counterclaims, or is it too late????? Might check on that to recoup monies and time lost.

An FDCPA claim for violations doesn't have to be a counterclaim. Once they have lost that makes an FDCPA case for actual damages that much stronger.

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I could be wrong. But I believe I have this JDB attorney running scared more now than ever. He thought I was going to be a little push over. But when I stood my ground and fought back, he wasn't prepared to handle it. Now, he has no choice but to succumb to the fact that I have him (and the trailer trash he's representing) wrapped around my little finger.

Right now, I believe that it's too late to file counterclaims because too much time as passed. But even if it's not, I won't file any now. Why? Because my claims against them (both the JDB and the attorney) now exceed the jurisdiction of the court (they are suing me in county court). And since this bogus lawsuit has been up in the air since last year with no real activity and therefore has proved to be nothing but a farce, I believe that I have a legitimate claim for mega damages in a higher court.

I'm still being very cautious and there's still a slight possibility that I can lose the case. But if it gets tossed or dismissed (with or without prejudice), I'm going to get an attorney and file a jumbo lawsuit in FEDERAL COURT against the JDB and their puppet attorney. Right now, they think I'm nothing but a shrewd, vicious SOB. But they haven't seen anything yet. Soon, I'll be slapping them so hard with a wave of formal complaints and grievances that their little heads are going to spin like a record at 45 RPM.

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I'm keeping my fingers crossed for you. It sounds like you were very proactive and knew what to do. I've seen many cases where the sworn denial didn't work, but you used it properly. Pat yourself on the back, take a deep breath and get ready for round two. They will throw in the towel soon:)

BTW, it's a damned shame that this has been going on for a year! I am utterly amazed at how the legal system is so sluggish. A literal interpretation of the laws likely would have ended this saga before it began. It saddens me that judges can be so lenient, granting extensions and continuances...

Thank you rikkivs for keeping your fingers crossed for me. I do hope that everything turns out alright.

It IS a shame that I've had to put up with this for a year now. A year with uncertainty and NO documentation. Even though it's been hard, I'm happy that I decided to challenge them instead of giving in to them. As for judges, I don't mind if they are lenient. Sometimes it's a good thing when they are. But when when it comes to JDB lawsuits, they shouldn't be lenient at all. Our judges need to be informed of the hardball tactics that JDBs are bringing into our court system. If the majority of them realized the fraud they bring into their courtrooms, they would be hammered back into their slime pits in no time.

If I was a judge, I wouldn't be a good one at all. Why? Because I'd be biased toward the consumer. LOL xangelx

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