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Starting to get a bit worried


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I filed a federal lawsuit against a CA, on the 2nd of March, today is the 20th, they have not called or made any effort to settle, nor have they filed an answer with the court, they had 21 days to answer.

3 days left, I think they mean to go to court..... I guess I do to then, objection your honor!

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I am worried for you in that you seem to have started an action and do not know some basic items of procedure like service, where defendant has to serve you with their answer.

However in reality some lawyers just run with their default mode in federal court and expect ECF to notify plaintiff. ECF will not notify plaintiff when they are Pro Se, so you must watch PACER like a hawk and if you see them not properly serving them you slap them with a motion for protective order to force them to serve you properly.

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You sir are quite correct, I have started down a road that I am not quite familiar with, however, I was kinda hoping that a federal summons would elicit an offer to settle. They may call my bluff. I have served them, with a certified service. I just went to the courthouse and checked to see if they had filed anything, not yet, they have 6 days left. So I will be watching very closley.

I am still holding out for the obligatory "settlement" offer. Cross our fingers that they just don't file an answer then I will just get the Marshall's to go start taking thier servers, not that I need anymore, I have more than I can keep up with as it is, but I think they might need them.

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I am also looking for them to slip a motion to dismiss in there right at the end, I am trying to prepare a motion for leave of the court to correct the complaint if they do.

Oh well, win or loose, if you don't play your dollar you will never win the jackpot, right?

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Don't be surprised if they file at the last minute, they usually always do. They probably have an attorney that their insurance uses and it is being sent there. You may hear from their Insurance before you hear from them.

PACER is effectively free unless you go absolutely nuts with it. If you use less than $10 in a quarter, the fees are waived. On 1 April that amount raises to $25. If you have any issues registering a quick call to the PACER service center will get you setup.

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Kent, the CA Owner is an Attorney. They played hard ball and I had to get an Associate Attorney General to demand they remove the TL from my credit report, even after I offered to pay them for delete. They said they had done nothing wrong, or unethical. I expect that they will file a 12(6)a. motion for dismissal the first of next week. I already have the answer written to file with the court to request leave to amend, and As soon as I get the motion to dismiss I will correct and amend the complaint rendering the motion to dismiss moot. I hope!

Don't these people know that today with the internet even lay folks like my back country butt can do just a bit fo google searching and find out how this stuff works, they rely on the SHEEPLE to just follow along and not fight back?

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I'm not saying the other side is going to fight you on this, obviously I don't have a crystal ball. The biggest problem I see with your claim is the right of private action, strict liability, and if this was intentional or just careless, and if either way if it rises to the level of an actionable offense.

Generally speaking they settle, and even more so if you are a proven litigator and show you take things to trial. However, you just never know. To this day, as I type this post, I still have no idea out of all the people they deal with, why a junk debt buyer that was not licensed in Arkansas, and violated the continued collection activity of the FDCPA felt my suit was the one to dig their heels in on, and open the checkbook and not settle. Fine with me, let's get it on !! But why?

Now I did try to goad them by filing a hand written small claims case. It worked and when they removed it to circuit (paying the fee of course) and then I amended my claim and went from a handwritten claim to a six page suit followed by numerous discovery. They should have known they got baited and folded their hand. But they did not.

Why? Well I goaded them every step of the way, to the point I stayed right behind the line and did not cross over the line (just by a few inches, but never crossed it) of arrogant and cocky to actual harassment. However, you would think they would not get hooked like that. It's like heckling at a sporting event. You get a response or a rise, you just pour it on more, and that is what I did. It was a game that I'm not sure why they keep playing.

With that said, they took it every step of the way. They lost every round, time after time. I poured salt in the wound every step of the way, and ran the bills through the ceiling, but they keep on showing up and kept on fighting.

Maybe they got to the point where they had enough invested to see it through. They lost one hearing so bad the judge told them to please not take all his rulings as an indication of their abilities as attorney's and he understood they were just "playing the hand they were dealt."

And they still keep at me !!! :shock::shock::shock: They took it all the way. I beat the dog out of them at the final stage also, admitting to the debt and challenging standing as the final salt in the wound.

I say all that to warn you that for no rhyme or reason you just might be the "case they pick" to send a message we don't just settle claims. When I worked insurance I got sent to a case that I called my boss 20 minutes before the case and said, settle, settle, settle!!! Nope, was the answer. We have the black and white contract law on our side. He was 10000% right, problem was nobody in that courtroom cared. It was 12 people from Greenwood, AR (you now where that is), deciding if an insurance company in Boston, needed to pay more for a burned out trailer accident at deer camp, and a good ole boy was suing and his lawyer was a state rep.

:trainwreck:

It was a complete destruction by the other side. No joke, the client for the other side fell asleep, or at least acted like it while I was testifying (well I was on the stand getting destroyed, but I guess it's called testifying). We paid out the rear on that claim and I have no clue why we did not settle, none !!

So while they will settle most of the time, they sometimes fight. I would just make sure you're always ready for that fight if they don't back down. Me, I want that fight, bring it on !!! However, with all the bluffing that goes on, they don't really know that. They are going to call some bluffs. Just punish them in an ungodly way when they push all their chips in on the wrong hand they call as a bluff.

Good luck, but get prepared. They might dig their heels in, offering a settlement is the way it usually works, but they might decide to fight. Just make them regret the decision if they do fight. But never be unprepared if you throw the first punch. Filing a federal lawsuit is big time throwing the first punch.

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Finally got my pacer account, this attorney did not even put up a defense in his last case, all he did was deny the alligations in the complaint, we specifically deny allegations set forth in paragrapjh1 -99 or whatever, then there was a order to FRCP 26(f) hearing scheduled, then mysteriously a stipulated agreement case dismissed with prejudice each party assuming its own costs and attorneys fees.

I feel re-energized, Stipulation for Dismissal in my mind means Settelment so we don't have to go to court and spend bookoos of money getting beat up by a pro se litigant :D

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Methinks there is something afoot. Tomorrow is the filing deadline for thier answer. If they don't file by 5:00 pm tomorrow, Friday Morning I am going to be waiting at the Clerk's office with a Motion for Default Judgement. The Marshall's office is just next door.....

Wonder what they got up thier sneaky slimy little sleeves?

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