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Have You Successfully Defended Yourself in Court

Have You Successfully Defended Yourself in Court?  

122 members have voted

  1. 1. Have You Successfully Defended Yourself in Court?

    • Yes, won a counterclaim against Plaintiff!
      8
    • Yes, got a dismissal with predijuce - Plaintiff cannot resue
      40
    • Yes, got a dismissal without predijuce - Plaintiff can refile
      43
    • Yes, I got a dismissal using arbitration
      12
    • No I lost my case, Plaintiff got a judgement against me
      12
    • Maybe, arbitration stayed my case
      7


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I must agree, and it would not be possible without any help and advices from concerned people.

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...(as pro-se). Case was dismissed w/out predjudice.

Seeing the frequency at which jdb's refile claims against pro-se's, I wanted some insurance that would not happen to us. So, we hired a consumer attorney to file federal and state claims against the jdb and their representing law firm. I also felt it was important to hold the company and their law firm accountable for bringing a case to court, with no evidence whatsoever.

We recently obtained our share of a settlement (our lawyers of course got the larger percentage--having done all the work, protecting our rights). ;)

I'm sharing this as I'd like to see more pro-se's pursue legal action against the jdb's after their cases are resolved. The most popular question posted after a case is dismissed w/out predjudice, is how likely is it they will refile. No one can say for certain. But given the greed of jdb's, it seems it is highly likely--unless statute of limitation has kicked in. Sometimes that is not an indicator or guarantee.

If you want to insure they'll go away forever--hit their pockets (and retain a consumer attorney to do so).

We learn enough to succeed in our cases, but I don't believe that jdb's are ever truly threatened by pro-se's. They are very afraid of other attorneys and losing $$$$.

:mrgreen:

Edited by tigger
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...(as pro-se). Case was dismissed w/out predjudice.

Seeing the frequency at which jdb's refile claims against pro-se's, I wanted some insurance that would not happen to us. So, we hired a consumer attorney to file federal and state claims against the jdb and their representing law firm. I also felt it was important to hold the company and their law firm accountable for bringing a case to court, with no evidence whatsoever.

We recently obtained our share of a total $5,000 settlement (our lawyers of course got the larger percentage--having done all the work, protecting our rights). ;)

I'm sharing this as I'd like to see more pro-se's pursue legal action against the jdb's after their cases are resolved. The most popular question posted after a case is dismissed w/out predjudice, is how likely is it they will refile. No one can say for certain. But given the greed of jdb's, it seems it is highly likely--unless statute of limitation has kicked in. Sometimes that is not an indicator or guarantee.

If you want to insure they'll go away forever--hit their pockets (and retain a consumer attorney to do so).

We learn enough to succeed in our cases, but I don't believe that jdb's are ever truly threatened by pro-se's. They are very afraid of other attorneys and losing $$$$.

:mrgreen:

I agree, which is why I like to have a consumer attorney do the suit. It hits them harder when they have to pay attorney fees. I do however understand the rush of going in as a pro se and doing it yourself but that is not for everybody.

6 FDCPA suits settled in my favor to date and 2 pending.

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We recently obtained our share of a total $5,000 settlement (our lawyers of course got the larger percentage--having done all the work, protecting our rights). ;)

I'm sharing this as I'd like to see more pro-se's pursue legal action against the jdb's after their cases are resolved. The most popular question posted after a case is dismissed w/out predjudice, is how likely is it they will refile. No one can say for certain. But given the greed of jdb's, it seems it is highly likely--unless statute of limitation has kicked in. Sometimes that is not an indicator or guarantee.

If you want to insure they'll go away forever--hit their pockets (and retain a consumer attorney to do so).

We learn enough to succeed in our cases, but I don't believe that jdb's are ever truly threatened by pro-se's. They are very afraid of other attorneys and losing $$$$.

:mrgreen:

I agree, which is why I like to have a consumer attorney do the suit. It hits them harder when they have to pay attorney fees. I do however understand the rush of going in as a pro se and doing it yourself but that is not for everybody.

6 FDCPA suits settled in my favor to date and 2 pending.

+2

I've been involved in more than a few. They have always ended favorably for me.

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I fought CACH hard for 11.5 months. It was almost impressive how much they fought back, I thought it would go all the way to the jury trial. CACH dropped with prejudice at the last minute. XFryingPanX

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First case I sued P & B Capital - won!

 

Second case, AA sued me, dismissed without prejudice.

I then sued them (originally a counterclaim) and won!

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I have successfully defended myself before, but I have lost more then I have won lol. So I do not know how I should answer this poll.

 

R.  Defendant lacks sufficient knowledge to answer this question.

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Got sued by a local JDB/lawyer many years ago for $5000. Filed my answers and went to court - he was a no show. He lost.

 

He appealed and it went to higher court. Court date was coming up and he offered settlement of half. Told him I'd give him 10% as long as he would sign his life away. I sent him a settlement letter, he signed, I paid, all done.

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I have help 6 other posters here in Michigan.

 

1) Dismissed with Prejudice

2) Dismissed w/o prejudice

3) Defeated MSJ, Plaintiff dismissed w/o prejudice

 

4) this is still on going - Defeated MSJ, trial at the end of January 2013.

 

5) this is still on going - Poster filed their own MSJ, waiting on Motion Hearing.

 

6) this is still on going - Helped with Opposition For MSJ - waiting on Motion hearing.

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I defeated an MSJ and will be back in a month or so after I win at trial.

 

Well, I told you I would be back. Just got the letter, dismissed with prejudice! It's going to be the year of the Pro Se!

 

In the MSJ I told the judge that I was being denied information about the affiants that I requested in interrogatories. The judge told the attorney to get me that information. 20 days later I filed a motion to preclude any docs from the affiants they didn't get me info on. Took a few weeks but I just got the letter.

 

I guess they didn't have the info? Go figure.

 

Take that Midland!!!

 

:<img src=:'>  xshakeitx

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Well, I told you I would be back. Just got the letter, dismissed with prejudice! It's going to be the year of the Pro Se!

 

In the MSJ I told the judge that I was being denied information about the affiants that I requested in interrogatories. The judge told the attorney to get me that information. 20 days later I filed a motion to preclude any docs from the affiants they didn't get me info on. Took a few weeks but I just got the letter.

 

I guess they didn't have the info? Go figure.

 

Take that Midland!!!

 

:<img src=:'>  xshakeitx

 

 

flyerfan:

 

Care to share what kind of information you requested ? This might help us fight...  thanks !!

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flyerfan:

 

Care to share what kind of information you requested ? This might help us fight...  thanks !!

 

DE rule of civil procedure 33 (5) © Scope; use at trial. -- Interrogatories may relate to any matters which can be inquired 

into under Rule 26(B), and the answers may be used to the extent permitted by the rules of 
evidence.
 
DE rule of civil procedure 26(B) Discovery scope and limits. -- Unless otherwise limited by order of the Court in 
accordance with these rules, the scope of discovery is as follows: 
(1) In general. -- Parties may obtain discovery regarding any matter, not privileged, 
which is relevant to the subject matter involved in the pending action, whether it relates to the 
claim or defense of the party seeking discovery or to the claim or defense of any other party, 
including the existence, description, nature, custody, condition and location of any books, 
documents, or other tangible things and the identity and location of persons having knowledge 
of any discoverable matter. It is not ground for objection that the information sought will be 
inadmissible at the trial if the information sought appears reasonably calculated to lead to the 
discovery of admissible evidence.
 
My main request was any and all employment verification of the affiants, employment history, work address, work phone number. These were, of course, objected to. When they filed their MSJ (they all do) I responded in my opposition that I was being denied discovery. I had other weapons about the bill-of-sale, personal knowledge, too but I harped on being denied discovery. I specifically referenced rule 33(5) and 26(B) when I told the judge this. He looked just a little impressed. ALWAYS cite the rule you want enforced by the rule number (JMO). The judge denied their MSJ and told the attorney to get me the information on the affiants that I requested. Of course, they did not. They don't even know who they are, especially the affiant from the OC who ended her affidavit with "we have no further interest in this account".
 
I motioned to preclude the affidavits, again stating that I am being denied discovery after the court has ordered them to produce it. What lawyer would want to come to court and explain to a judge they see every day that they refused to satisfy an order of the court?
 
That is what I think won it for me. Hope this helps others.
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Well, I told you I would be back. Just got the letter, dismissed with prejudice! It's going to be the year of the Pro Se!

 

In the MSJ I told the judge that I was being denied information about the affiants that I requested in interrogatories. The judge told the attorney to get me that information. 20 days later I filed a motion to preclude any docs from the affiants they didn't get me info on. Took a few weeks but I just got the letter.

 

I guess they didn't have the info? Go figure.

 

Take that Midland!!!

 

:<img src=:'>  xshakeitx

Flyerfan, congratulations and well done. We are seeing a lot of this lately. Maybe you should also post the victory in new thread (I almost missed it) and it's definitely worth mentioning.

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DE rule of civil procedure 33 (5) © Scope; use at trial. -- Interrogatories may relate to any matters which can be inquired 

into under Rule 26( B), and the answers may be used to the extent permitted by the rules of 
evidence.
 
DE rule of civil procedure 26( B) Discovery scope and limits. -- Unless otherwise limited by order of the Court in 
accordance with these rules, the scope of discovery is as follows: 
(1) In general. -- Parties may obtain discovery regarding any matter, not privileged, 
which is relevant to the subject matter involved in the pending action, whether it relates to the 
claim or defense of the party seeking discovery or to the claim or defense of any other party, 
including the existence, description, nature, custody, condition and location of any books, 
documents, or other tangible things and the identity and location of persons having knowledge 
of any discoverable matter. It is not ground for objection that the information sought will be 
inadmissible at the trial if the information sought appears reasonably calculated to lead to the 
discovery of admissible evidence.
 
My main request was any and all employment verification of the affiants, employment history, work address, work phone number. These were, of course, objected to. When they filed their MSJ (they all do) I responded in my opposition that I was being denied discovery. I had other weapons about the bill-of-sale, personal knowledge, too but I harped on being denied discovery. I specifically referenced rule 33(5) and 26( B) when I told the judge this. He looked just a little impressed. ALWAYS cite the rule you want enforced by the rule number (JMO). The judge denied their MSJ and told the attorney to get me the information on the affiants that I requested. Of course, they did not. They don't even know who they are, especially the affiant from the OC who ended her affidavit with "we have no further interest in this account".
 
I motioned to preclude the affidavits, again stating that I am being denied discovery after the court has ordered them to produce it. What lawyer would want to come to court and explain to a judge they see every day that they refused to satisfy an order of the court?
 
That is what I think won it for me. Hope this helps others.

 

 

 

My trial is set for this Friday. I'm guessing it's too late to file for discovery ?  :(

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Flyerfan, congratulations and well done. We are seeing a lot of this lately. Maybe you should also post the victory in new thread (I almost missed it) and it's definitely worth mentioning.

 

I did post a new thread. It is titled "Midland gets beat again".

 

Thanks, btw!

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My trial is set for this Friday. I'm guessing it's too late to file for discovery ?  :(

 

Yes, too late. You didn't file any discovery? You should probably start a new thread. I hope you answered their discovery.

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Yes, too late. You didn't file any discovery? You should probably start a new thread. I hope you answered their discovery.

 

 

I just found out about all these from this board. And all this time I was thinking of settling, so didn't put enough time to go the other way.

Any other input that you can give me to prepare or ask at this point during trial ?

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I filed an answer in early 2011, and Plaintiff hasn't done anything since. I don't know if they've abandoned the suit, or if they will wake up from hibernation one day. I did bring up securitization and credit card backed notes and those master trust accounts in my answer. I don't know if that helped or not. Maybe, they were just hoping for a default judgment and didn't expect an answer.

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I filed an answer in early 2011, and Plaintiff hasn't done anything since. I don't know if they've abandoned the suit, or if they will wake up from hibernation one day. I did bring up securitization and credit card backed notes and those master trust accounts in my answer. I don't know if that helped or not. Maybe, they were just hoping for a default judgment and didn't expect an answer.

 

You should start your own thread. Have you checked the status of this case on line or with the clerk? You can motion to have this dismissed for failure to litigate (I think that's the term).

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Yes.

 

I won a Judgment.

 

I don't see that option, so I can't participate in the poll.  *Weep*

 

1 for 1

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