Oregonactor

It's official...I won!

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No this win has much to do with debt collection deception, another case where the named Plaintiff has absolutely no knowledge of a lawsuit in its name, accident my a$$.
If this true, why isn't anyone moving for rule 11 sanctions? Or much worse. If firms are filing suits without plaintiff permission, this is easily provable and could lead to rule 11 sanction, criminal & civil liability, instant disbarment, and put partners on notice that their equity stake is about to get dismantled. I can't tell you how many ethics rules this breaks. Any state bar would throw the book at attorneys playing this game.

While some actions are grey areas, filing a case without permission of the named plaintiff is black & white. So prove it. It will only take one case. And you will make headlines and likely make for a very wealthy defendant.

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Just received documents from Suttell & Hammer. They have filed a motion to vacate the judgment against them and the arbitration award and request to appear by telephonic communication and order. The document has a false statements in it including saying that they never received any notice of the hearing from the courts and also that they screwed up and incorrectly entered a 30 day appeal deadline rather than the 20 day deadline as outlined in the documents. Funny how they didn't receive the notification documents but they did receive the judgment documents. It also states that the Plaintiff's trial counsel was in the office and did not receive any telephone call or any voice mail message from the Arbitrator's office about their failure to attend the scheduled hearing. BULL!! I was sitting right there when the arbitrator called. It was 1:12 p.m. So I have a call into the arbitrator to ask her if she can assist with the proof of that, but other than that, I am at a loss as to what to do next. Along with the Motion to Vacate, there is a Declaration of {plaintiff attorney} that also contains false information and a Memorandum in Support that basically just is their argument.

So the celebration has ceased and I now have to fight this again if the judge signs the order to vacate. I'm not sure what to do from here. Is there an answer that I file in response to this? Or do I wait until the arbitrator contacts me (if she contacts me) and get her information to prove that this document has lies?

I never received a dunning letter prior to being served, so I never DV'd. I just really want this to go away for good.

Any advice anyone? Good or bad?

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Definitely an affidavit from the arbitrator. And an objection to the motion. Not your fault they missed a deadline. I mean after all you're pro se and they're trained attorneys, they should be held to a higher standard regarding procedural rules :lol:

And while you're at it, since there was no dunning letter, and now they've sent you some new motions, why not rattle them up with an FDCPA counterclaim since this is a communication for sure, and you still haven't gotten your "g" notice?

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Cleared some things up concerning that with the OP.

THe "g" notice is my shorthand for the 1692g right to validation notice that must be sent after initial communication. I'm of the school of thought that even if a summons isn't an initial communication, any communication as defined by 1692c can be construed as such and you should still get your 30 day window to dispute. It's been settled that litigation is a collection activity, so just because the lawyer is off the hook in the initial pleading as the FDCPA specifically excludes it as an "initial communication" in a suit, it doesn't get him or her off the hook to provide the notice in other non-exempt communications that are effectively "initial communications" with regards to 1692g(a).

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So here is the latest on this.

One of the false statements in this MTV that I received from the CA states that the arbitrator never called the Plaintiff (aka collection attorney) on the day of the arbitration hearing. According to the local court where the suit is filed and the arbitrator, the arbitrator is not obligated to call them and find out where they are, it is simply a courtesy. However, the arbitrator DID call and she gave me the information off of her cell phone of what day the call was made, what time, the number called and the length of the call. The MTV also states that the Plaintiff did not receive any of the arbitration hearing notices either from the arbitrator or the court. When I spoke to the local court, she said that the motion had indeed been filed and was before the judge now. I could call back on Thursday or Friday to see if the judge upheld the arbitrator decision or set it aside. If it is set aside, then I will file an objection and start this fight over again. The girl at the court did say that it was odd that the Plaintiff did not receive any of the notices from either the arbitrator OR the court. They could see one not reaching the recipient, but both was a bit of a stretch. Especially since they received all of the other documents, just not the ones with the arbitration date. The court also has it documented that the Plaintiff missed all of the deadlines with filing an appeal and so forth. I hope the judge agrees and just upholds the decision.

In the Declaration it states that this CA is the attorney of record the the Plaintiff, but Chase (at least as of April 19th) was Fred Hanna. They had no record of the attorney that brought this suit against me. I don't know if that is still true, but a phone call to Chase would solve that. And also record that conversation to play at trial if this does get re-opened.

It also states that after receiving notice from the Court that this matter was assigned to arbitration, they sent a letter to me (not true) requesting that the Defendant contact their office with selection of an arbitrator and possible dates for the arbitration. That is not true. The court sent me something and I replied to the court.

This declaration also states that they received no Prehearing from the defendant for the arbitration hearing. What is that?

Anyway, just a very interesting read full of BS. A member of this forum who has become a good friend has a copy of the documents and he said that he thinks that the documents are ridiculous and should not be overturned because the court knows that they sent the notices and the arbitrator did too. So if the judge is feeling like a jerk, he will set aside the case, otherwise he will uphold it. Keep fingers crossed!

Now if he upholds it, I will look into making sure that this goes away and for GOOD!

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This case is done and over. The Plaintiff (aka CA attorney) who claims he was the attorney on record for CHASE can officially F-off!! He filed a Motion to Vacate stating that he did not receive the arbitration date notifications and that is why he didn't show up. Funny how 4 (yes 4) letters can all get lost, but all of the other correspondence arrived just fine. Bottom line is he had no case and was fighting dirty to try to get it re-opened after I won a default judgment against him in the first round.

The court clerk told me that the judge said he was not going to sign a motion to vacate when the defendent (me) did everything she was supposed to including showing up to the hearing. It was noted that I drove for over an hour to get to the hearing. :)

So I am now going to take incredible pleasure in going and getting the authenticated copy of the judgment and any other documents I want and send a letter to the CA telling him that he has 30 days to pay me my judgment in the form of a cashier's check. I will also get great delight in sending that to the CRA's to remove that debt. A close second in pleasure will be sending the letter to Chase. :)

What a great afternoon!!

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This case is done and over. The Plaintiff (aka CA attorney) who claims he was the attorney on record for CHASE can officially F-off!! He filed a Motion to Vacate stating that he did not receive the arbitration date notifications and that is why he didn't show up. Funny how 4 (yes 4) letters can all get lost, but all of the other correspondence arrived just fine. Bottom line is he had no case and was fighting dirty to try to get it re-opened after I won a default judgment against him in the first round.

The court clerk told me that the judge said he was not going to sign a motion to vacate when the defendent (me) did everything she was supposed to including showing up to the hearing. It was noted that I drove for over an hour to get to the hearing. :)

So I am now going to take incredible pleasure in going and getting the authenticated copy of the judgment and any other documents I want and send a letter to the CA telling him that he has 30 days to pay me my judgment in the form of a cashier's check. I will also get great delight in sending that to the CRA's to remove that debt. A close second in pleasure will be sending the letter to Chase. :)

What a great afternoon!!

Yes another case where the alleged Attorney Of Record lied in court filings, that Law Firm was no more representing Chase than I was!! Wake up debtors!! Great job Oregonactor!!

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Can you conduct debtor's exams in Oregon? Or is a motion to show cause there? Either way, get him in court, this time to tell you where his assets are and where he banks.

Then see if you can levy his bank account in your state.

Oh those are your wounds. Here this is the salt
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Thanks for all of the support and congrats here. It is very much appreciated. I am still on cloud 9 from the phone call today from the court clerk.

I'm going to write the letter to the CA attorney and give him 30 days to pay and he has to pay with a cashier's check because I can just see him putting a stop payment on the check after he sends it. I want guaranteed payment. If he doesn't pay by the 30 day mark, I will pursue the next step as needed.

If I do not hear from him within the 30 days, I will be contacting Chase and telling them that since their "attorney of record" (snicker) lost the case against me, they are liable for the judgment that I received. I will give them 30 days. If I don't hear from them, then again, I will pursue the next step.

I know this may sound odd to some people on this forum, but I feel that I need to establish a paper trail and that I give them adequate time to respond to the requests so that if I do end up taking it a step further, I will have the documentation to show that they did not respond. And of course all of these letters will be CMRRR along with the weight of each letter so no one can claim it was just an empty envelope.

Thanks to Massive for all of the support and encouragement during this situation. That is a friendship that I will hold dear. Who knows - maybe that $450 default judgment will turn into a lot more. :)

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If this true, why isn't anyone moving for rule 11 sanctions? Or much worse. If firms are filing suits without plaintiff permission, this is easily provable and could lead to rule 11 sanction, criminal & civil liability, instant disbarment, and put partners on notice that their equity stake is about to get dismantled. I can't tell you how many ethics rules this breaks. Any state bar would throw the book at attorneys playing this game.

While some actions are grey areas, filing a case without permission of the named plaintiff is black & white. So prove it. It will only take one case. And you will make headlines and likely make for a very wealthy defendant.

Thanks for the tip, two old Discover Bank judgments will be dealt with as Rule 11 Violations, I will send letters to two law firms and give them their 21 day "Safe Harbor" cushion. I appreciate your tip, sincerely!!

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Thanks for the tip, two old Discover Bank judgments will be dealt with as Rule 11 Violations, I will send letters to two law firms and give them their 21 day "Safe Harbor" cushion. I appreciate your tip, sincerely!!
If this is occurring, take them down. They are causing chaos by playing outside of the rules.
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Always answer.

Work something out after you answer, if that is what you want to do.

I've heard of these slime balls acting like they are willing to work something out, so you miss the deadline to answer and then BAM they have a default judgement. They also know they won't get a default judgement. Remember only 3-10% of consumers answer anything.

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I have read your thread and am inspired by what you have accomplished. I was just served and the summons read that a complaint has been filed against me by Suttell & Hammer on behalf of Citibank. I am in that period of freaking out about what I should do - answer and reply to the complaint or just call Citibank to work it out. I have 2 questions for you:

Was the debt yours?

What did your answer say?

Thanks for your help! I am in Oregon too, so I can only hope that it will go to arbitration first.

Bloomingfern,

First, don't freak out. This forum was a great help to me in calming me down. In fact, one of my new friends on this forum sent me an email letting me know that you were seeking help from me. So this forum is a great tool for you - win or lose.

The answer to your first question is a standard answer: I never admit to a debt that can not be proven that it belongs to me. :)

Second, I would have to look back and see exactly what my answer says. I don't recall at this moment and I am not near the massive notebook that holds all of my case information. However, I would be happy to look tonight when I get home and give you some of the points from it. It was a standard answer though and there are many examples on this forum that are very similiar to what I had submitted.

What I will tell you is that depending on what county you are in, you may get assigned to ADR - Alternate Dispute Resolution. This was a court mandated process, so I did not elect arbitration or anything else. I followed what the court directed me to do. My case was over very quickly and it was in my favor, however the outcome could have been very different. After the case was awarded to me, Suttel & Hammer filed a motion to vacate based on some errors by them, and they admitted that. I was VERY fortunate to get a judge that threw out the motion. It was a crap shoot that I won.

I will be in touch with what my answers said and will help as I can, but you need to do the research for your county and find out everything you can about what can happen. Knowledge is your power.

Oregonactor

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So, my husband got paperwork from these guys and we filled it out, got it notorized, filled out the banking info (this bank account will only have the monthly payment in it) sent it in and they still haven't taken a payment? I sent the paperwork registered mail and they signed for it, i have that all documented. Could they be trying to do a judgement on him anyways? I dont know what we should do, keep the bank account open with their payment in there? Close it? Any advice or help would be greatly appreciated, especially from those that have won!!

Thank you

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We got a letter from Suttell saying we owed a debt. I called, set up a payment plan and they sent out papers that we had to sign and have notorized. When I called them I paid the first payment in the plan (they said they were only allowed to do one over the phone payment???). With the papers there was a sheet for the banking information. We had everything signed off on, notorized sent back registered mail. I saw online they received the mailing the day after I sent it then the next day I received the registered mail card back. The payment should have gone Monday (with the holiday Tuesday I suspect).

I would think these people would have taken it right away. I have read posts by other people saying although they sent them paperwork registered they still had to go to arbitration where they were told there was nothing in the envelope etc.

How long should I wait until I call them? Friday? I have read to many horror stories about them to trust....

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