Happy TIME.....

[yellowdog]

These dirtbags made me wait for 2yrs before they told me court was cancelled, then i asked why was it cancelled and that I was ready for trial. The crumb POS rent a lobb told me did didn't know why, then i went to the Judge's assisants chambers to see if i was still on the docket and I wasn't ...

CASE DISMISSED :lol::lol::lol::lol::lol:

not sure if its with or without prejudice, the assistant said i would get that in the mail..

They did not collect on me, but they had a heck of day thumpin others who never showed or who were woefully unprepared ...

At this point I do not have an exact reason why they dismissed, it certainly wasn't because I was rockstar material like Coltsfan, BV80, BTO429 and others, but one thing I am, and that is persistent.. Elephants don't bite, but mosquitos do.

Thanks to the resident experts, I was totally prepared, and maybe just maybe, the decision to send the motion to strike the BOS a few days prior to trial had them thinking... !

In a way it was a bit of let down for me because my blood was boiling in that court room wanting them to taste the salt on the back of my hand, but never look a gift horse in the mouth... All I can say to the JDB who is still ringing my phone 3 yrs later....

COME GET SOME

I am going to go get plastered because me and BV80 pulled an all nighter and me is thirsty ! thank you for the help and time !!!!! I will be back tomorrow to answer any questions about the case ..

:multibounce::multibounce:

[Cliff2009]

These dirtbags made me wait for 2yrs before they told me court was cancelled, then i asked why was it cancelled and that I was ready for trial. The crumb POS rent a lobb told me did didn't know why, then i went to the Judge's assisants chambers to see if i was still on the docket and I wasn't ...

CASE DISMISSED :lol::lol::lol::lol::lol:

not sure if its with or without prejudice, the assistant said i would get that in the mail..

They did not collect on me, but they had a heck of day thumpin others who never showed or who were woefully unprepared ...

At this point I do not have an exact reason why they dismissed, it certainly wasn't because I was rockstar material like Coltsfan, BV80, BTO429 and others, but one thing I am, and that is persistent.. Elephants don't bite, but mosquitos do.

Thanks to the resident experts, I was totally prepared, and maybe just maybe, the decision to send the motion to strike the BOS a few days prior to trial had them thinking... !

In a way it was a bit of let down for me because my blood was boiling in that court room wanting them to taste the salt on the back of my hand, but never look a gift horse in the mouth... All I can say to the JDB who is still ringing my phone 3 yrs later....

COME GET SOME

I am going to go get plastered because me and BV80 pulled an all nighter and me is thirsty ! thank you for the help and time !!!!! I will be back tomorrow to answer any questions about the case ..

:multibounce::multibounce:

Congrats! Now go sleep! I was following your thread, great work!

[kittymamma]

Another one bites the dust, and another one gone, and another one gone, another one bites the dust yeah yeah!!

GOOD JOB!!!!!!

[Coltfan1972]

And as usual, the Junk Debt Buyer tucks tail and hauls a$$ when confronted by an informed and determined consumer !!!!!

"There is nothing that can deter a determined man from his resolve to succeed and win, for He is willing to annihilate anything that stands in his way."

[BV80]

CONGRATULATIONS!

Now get some sleep.

[calawyer]

First of all congrats. A win feels so good no matter how you get it.

But I want to toss out an idea to everyone that may be a bit counter-intuitive. I think the next time a JDB dismisses on the morning of trial, you should pitch a fit.

First of all, here is why it happens. These guys are set up to collect, not to litigate. They file the case and then can’t be bothered to respond to your discovery. They’ll send you some but will frequently not even file a motion to compel because it takes work. They send rent-a-lawyers to court because too many people have filed answers and they simply are not set up to send their own attorneys to court every time there is an appearance. And they dismiss these cases on the eve (or morning) of trial because too many cases didn’t settle that week and they don’t have enough lawyers to cover the trials.

But it is incredibly disrespectful to the Court. And even more so to you. You have spent the weekend researching your state’s law. You assembled all the documents together in a nice little binder. You didn’t sleep a wink wondering how you were ever going to beat a lawyer at trial and worrying that you would not get a fair shake because you are not a lawyer. You took a day off work, got the kids to day care, and put on your Sunday best for Court.

So next time someone shows up for trial and finds out that the case has been dismissed, put on your best poker face. Go ahead and give yourself an internal high five but the look on your face should be utter disbelief. Tell anyone who will listen that you can’t believe plaintiff would be so discourteous to the Court. And to you. Tell them you spent the last month preparing and if plaintiff was going to dismiss, there is simply no reason it could not have done so a week ago or given you and the Court the courtesy of a phone call the night before.

It never hurts to give these guys some bad PR, especially when it is well-deserved.

[Rivertime]

CONGRATULATIONS!

Any bad PR for a JDB has got to be a good thing.

Good guidance as usual.

rt

[Coltfan1972]

First of all congrats. A win feels so good no matter how you get it.

But I want to toss out an idea to everyone that may be a bit counter-intuitive. I think the next time a JDB dismisses on the morning of trial, you should pitch a fit.

First of all, here is why it happens. These guys are set up to collect, not to litigate. They file the case and then can’t be bothered to respond to your discovery. They’ll send you some but will frequently not even file a motion to compel because it takes work. They send rent-a-lawyers to court because too many people have filed answers and they simply are not set up to send their own attorneys to court every time there is an appearance. And they dismiss these cases on the eve (or morning) of trial because too many cases didn’t settle that week and they don’t have enough lawyers to cover the trials.

But it is incredibly disrespectful to the Court. And even more so to you. You have spent the weekend researching your state’s law. You assembled all the documents together in a nice little binder. You didn’t sleep a wink wondering how you were ever going to beat a lawyer at trial and worrying that you would not get a fair shake because you are not a lawyer. You took a day off work, got the kids to day care, and put on your Sunday best for Court.

So next time someone shows up for trial and finds out that the case has been dismissed, put on your best poker face. Go ahead and give yourself an internal high five but the look on your face should be utter disbelief. Tell anyone who will listen that you can’t believe plaintiff would be so discourteous to the Court. And to you. Tell them you spent the last month preparing and if plaintiff was going to dismiss, there is simply no reason it could not have done so a week ago or given you and the Court the courtesy of a phone call the night before.

It never hurts to give these guys some bad PR, especially when it is well-deserved.

100000% agree. That is why I always say, force these clowns to trial. Demand a trial date, don't sit around and let them call the shots. Call the court and get oral arguments scheduled, and drag these a$$ hats into a courtroom every chance you can, because it's the last place they want to be.

Great advice and can be hard when you are staring down a win, but I agree, it's simply an abuse of the process. They are using the courts as a collection tool with no intent to follow through. It should actually tick the judge's off to high heaven.

[rikkivs]

Good for you! You kept up your strength and it paid off. Resolve is a necessity. You're an inspiration to all of us:)

[usagi555]

100000% agree. That is why I always say, force these clowns to trial. Demand a trial date, don't sit around and let them call the shots. Call the court and get oral arguments scheduled, and drag these a$$ hats into a courtroom every chance you can, because it's the last place they want to be.

Great advice and can be hard when you are staring down a win, but I agree, it's simply an abuse of the process. They are using the courts as a collection tool with no intent to follow through. It should actually tick the judge's off to high heaven.

I haven't seen asshat used in a while. I think it's a term that needs to come back into vogue.

[Coltfan1972]

I haven't seen asshat used in a while. I think it's a term that needs to come back into vogue.

Well the time to settle for the agency out of Texas just expired today. So your getting ready to see the term a lot more.

I gave the offer in hopes they would not settle so I could show I tried in good faith. It was a legit offer made in good faith, I can show the court I did not make the courthouse the first option, they forced it on me. I have been worried they were going to settle but they decided I was bluffing. And it was a case where I turned down a class action. Nice bluff to call. Oh the insuing.....

I'm going to start a seperate thread when the suit is filed and update it along the way. They will be invited to follow along. Monday is the day.

[chrisbbadd]

First of all congrats. A win feels so good no matter how you get it.

But I want to toss out an idea to everyone that may be a bit counter-intuitive. I think the next time a JDB dismisses on the morning of trial, you should pitch a fit.

First of all, here is why it happens. These guys are set up to collect, not to litigate. They file the case and then can’t be bothered to respond to your discovery. They’ll send you some but will frequently not even file a motion to compel because it takes work. They send rent-a-lawyers to court because too many people have filed answers and they simply are not set up to send their own attorneys to court every time there is an appearance. And they dismiss these cases on the eve (or morning) of trial because too many cases didn’t settle that week and they don’t have enough lawyers to cover the trials.

But it is incredibly disrespectful to the Court. And even more so to you. You have spent the weekend researching your state’s law. You assembled all the documents together in a nice little binder. You didn’t sleep a wink wondering how you were ever going to beat a lawyer at trial and worrying that you would not get a fair shake because you are not a lawyer. You took a day off work, got the kids to day care, and put on your Sunday best for Court.

So next time someone shows up for trial and finds out that the case has been dismissed, put on your best poker face. Go ahead and give yourself an internal high five but the look on your face should be utter disbelief. Tell anyone who will listen that you can’t believe plaintiff would be so discourteous to the Court. And to you. Tell them you spent the last month preparing and if plaintiff was going to dismiss, there is simply no reason it could not have done so a week ago or given you and the Court the courtesy of a phone call the night before.

It never hurts to give these guys some bad PR, especially when it is well-deserved.

I could not have said it any better.

[WhoCares1000]

But I want to toss out an idea to everyone that may be a bit counter-intuitive. I think the next time a JDB dismisses on the morning of trial, you should pitch a fit.

First of all, here is why it happens. These guys are set up to collect, not to litigate. They file the case and then can’t be bothered to respond to your discovery. They’ll send you some but will frequently not even file a motion to compel because it takes work. They send rent-a-lawyers to court because too many people have filed answers and they simply are not set up to send their own attorneys to court every time there is an appearance. And they dismiss these cases on the eve (or morning) of trial because too many cases didn’t settle that week and they don’t have enough lawyers to cover the trials.

But it is incredibly disrespectful to the Court. And even more so to you. You have spent the weekend researching your state’s law. You assembled all the documents together in a nice little binder. You didn’t sleep a wink wondering how you were ever going to beat a lawyer at trial and worrying that you would not get a fair shake because you are not a lawyer. You took a day off work, got the kids to day care, and put on your Sunday best for Court.

So next time someone shows up for trial and finds out that the case has been dismissed, put on your best poker face. Go ahead and give yourself an internal high five but the look on your face should be utter disbelief. Tell anyone who will listen that you can’t believe plaintiff would be so discourteous to the Court. And to you. Tell them you spent the last month preparing and if plaintiff was going to dismiss, there is simply no reason it could not have done so a week ago or given you and the Court the courtesy of a phone call the night before.

It never hurts to give these guys some bad PR, especially when it is well-deserved.

Funny because a Federal Judge actually said like the above to a defendant that tried that once in one of the recording company cases for downloading music illegally. The defendant had spend upwards of $60,000 on legal fees and many months in discovery. The recording company tried to dismiss without prejudice just before trial and make each party responsible for their own legal fees. The judge told them no way, that either they dismiss with prejudice and are responsible for the defendants legal fees or they go to trial because after the time and energy expended on this case, the defendant has just as much right to prove their innocence. The recording company ended up going the dismiss with prejudice route.

I think there needs to be more of that. It is one thing to dismiss without prejudice right after the defendant files their answer. It is another thing to force the other party to go through the gyrations to get ready for trial, and then dismiss without prejudice the day of the trial. That not only an affront to the court but to the defendants right to prove they are not guilty/liable.

Edited March 29, 2012 by WhoCares1000

[usagi555]

Funny because a Federal Judge actually said like the above to a defendant that tried that once in one of the recording company cases for downloading music illegally. The defendant had spend upwards of $60,000 on legal fees and many months in discovery. The recording company tried to dismiss without prejudice just before trial and make each party responsible for their own legal fees. The judge told them no way, that either they dismiss with prejudice and are responsible for the defendants legal fees or they go to trial because after the time and energy expended on this case, the defendant has just as much right to prove their innocence. The recording company ended up going the dismiss with prejudice route.

I think there needs to be more of that. It is one thing to dismiss without prejudice right after the defendant files their answer. It is another thing to force the other party to go through the gyrations to get ready for trial, and then dismiss without prejudice the day of the trial. That not only an affront to the court but to the defendants right to prove they are not guilty/liable.

Yeah, I was pretty pissed when I had a continuance sprung on me the day before a hearing. The continuance was sprung because of an issue that they knew about weeks before, i.e. their lack of evidence. I was pissed because I was missing some quality time with some out of state friends that I only get to see once per year on top of being so stressed that I'd fill physically ill. Then, about a week later, they dismissed. They should have dismissed as soon as it was clear that their case sucked, but they wanted to keep the pressure on me hoping that I would cave. Too bad for them I don't think like they do.

[BV80]

At least my JDBs were kind enough to dismiss before the court date.

[Beergoggles]

Its right up there with Buffoonary! or Buffoonaneryism or Buffonnalisim

I haven't seen asshat used in a while. I think it's a term that needs to come back into vogue.

[VLDCA]

They love to wait 2yrs to see if they can break you! YOU DID IT!!! Awesome!

[yellowdog]

Thanks for all the kind words for I have certainly learned more in a few weeks on this board then i did in all of school. sad but true.

This particular JDB lawyer firm did not realize they jacked with the wrong Hombre for several reasons.

1. When I went to the Pre-Hearing conference I took my seat first in front row. I waited for my turn patiently, but while i was waiting to tell them to take a flying leap off a large building my blood began to boil even hotter. The army of people who went that day were obviously struggling in life by their appearance and demeanor. I was in the front row mind you and I heard everything that was said. They would come up when called, immediately admit to the debt, counsel would set a price, they would agree, sign a paper and off they went. It was one of the most disturbing days of my life and I swore at that point, I was going see this through to the end.

2. Before the Pre-Hearing conference I did some research in the matter and tripped over a you-tube video by John Stuart about CUSIP numbers on credit card agreements. I thought this defense at the time may relate to me because CACH llc vehemently denied to give me a copy of my signed application with Cap One. Do you know after about 40-50 request for it verbally, on phone, at hearings and in motions, CACH llc never even brought up the CUSIP number inquiry. I now know it isn't an affirmative defense, but maybe it did have something to do with dismissal. Either way go check it out, very interesting..

3. A few weeks back I felt as though I hit the jackpot when I arrived here while searching case law for my trial. As soon as I starting reading the threads by you fine folks, I sent out several Motions within days that applied to my situation. EVEN THOUGH I HAD AN AFFIDAVIT OF ASSIGNMENT FROM OC THEY STILL WALKED, I think the verbage mixed with some FL rules of procedure and some damaging case law in my motions caused a bad rash in the groin area. Thankfully they walked, because BV80 found an error to blow a gapping un-fixable hole in notary on the assignment that i was set to exploit.

4. It simply came down to this in court IMO. They noticed I was there again (5th appearance) early and jacked up on 5 cups of joe in my usual spot with my usual happy face on. I did not catch a wink of sleep, but i felt more alive and awake then in my life. I honestly felt prepared to compete, and I had three full pages of objection material to plead with when they wanted to add that rag affidavit of assignment. Because if the judge did allow all this heasay to be put into the record, I wanted to make sure the appeal had as much case law behind it to overturn lower courts judgement.

5. THEY WANTED TO MAKE SURE I SHOWED UP BEFORE THEY DISMISSED. My question is what in the world would have lead them to think I wouldn't show ? Outside of being run over by a huge city bus, I would never give up MY DAY IN COURT AND NEITHER SHOULD YOU !!!!!!

If I can be of any help or inspiration to anyone, i am here ! god bless

8-)8-)8-)8-)8-)8-)8-)8-)8-)8-)

[usagi555]

5. THEY WANTED TO MAKE SURE I SHOWED UP BEFORE THEY DISMISSED. My question is what in the world would have lead them to think I wouldn't show ? Outside of being run over by a huge city bus, I would never give up MY DAY IN COURT AND NEITHER SHOULD YOU !!!!!!

Because a lot of people won't show, even if they have filed a response. They get scared of facing down a judge and a licensed attorney.

[yellowdog]

Calawyer,

You are correct and I felt slighted as well, that is why I marched to the Judge's assistant office to first confirm the dismissal because i do not trust slime JDB, and second, to ask if it that happens often and if she appreciates it. Mind you, I sent over 20' motions, orders and documents to court and so did JDB and that took up plenty of resources, time and money.

She said it happens on occassion and it is frustrating but they can rightfully do it. She also said the judge doesn't like it at all ! You have inspired me to write a note to the judge ! thanks

[WhoCares1000]

I bet this judge does not like it as well as most other judges. Here this sat on his docket for 2 years (when the judges are evaluated by how quickly they move cases), when it comes time for the trial finally, one of the parties tucks tail and runs. How would you like to spend to years on some issue only to find that when the issue will finally be resolved, one of the parties walks away?

The only solution to this issue is counterclaims and/or trying to file a motion to dismiss with prejudice (which is another reason why they did not spring this on you until the last moment, they did not want you countering with such a motion).

[tigger]

First of all congrats. A win feels so good no matter how you get it.

But I want to toss out an idea to everyone that may be a bit counter-intuitive. I think the next time a JDB dismisses on the morning of trial, you should pitch a fit.

First of all, here is why it happens. These guys are set up to collect, not to litigate. They file the case and then can’t be bothered to respond to your discovery. They’ll send you some but will frequently not even file a motion to compel because it takes work. They send rent-a-lawyers to court because too many people have filed answers and they simply are not set up to send their own attorneys to court every time there is an appearance. And they dismiss these cases on the eve (or morning) of trial because too many cases didn’t settle that week and they don’t have enough lawyers to cover the trials.

But it is incredibly disrespectful to the Court. And even more so to you. You have spent the weekend researching your state’s law. You assembled all the documents together in a nice little binder. You didn’t sleep a wink wondering how you were ever going to beat a lawyer at trial and worrying that you would not get a fair shake because you are not a lawyer. You took a day off work, got the kids to day care, and put on your Sunday best for Court.

So next time someone shows up for trial and finds out that the case has been dismissed, put on your best poker face. Go ahead and give yourself an internal high five but the look on your face should be utter disbelief. Tell anyone who will listen that you can’t believe plaintiff would be so discourteous to the Court. And to you. Tell them you spent the last month preparing and if plaintiff was going to dismiss, there is simply no reason it could not have done so a week ago or given you and the Court the courtesy of a phone call the night before.

It never hurts to give these guys some bad PR, especially when it is well-deserved.

On the bold:

H*** yes! I totally agree.

Ours was a case like that, (dismissed the morning of trial)...AFTER dh came out of the fog of "omg--they dismissed my case" he got VERY ANGRY, first at himself that he didn't yell out, "I object...!".

Honestly, he was so exhausted, nervous and everything else...I understand completely how he didn't manage in the moment, to find his voice and say anything.

But ultimately calawyer is right, and I'm really glad he brought this up. (Thanks, calawyer...)

It's completely messed up that they pull this crap. They are supposed to be licensed professionals, w/some manner of respect for their everyday playing field/workplace. Yet, they show total disrespect for the Court, for us and everyone involved.

In addition--they freqeuntly try to get away w/not awarding filing fee costs, as they claim "we dismissed the case, so why should we pay, when you didn't REALLY prevail at trial."

It's total bull puckey and a few members who got such a response, were later able to successfully obtain their costs. But this is yet another low down trick on their part.

Edited March 30, 2012 by tigger

[tigger]

Having shared that, ^ I primarily clicked on this thread to Congratulate you...so

congratulations...!

...very sorry that they dismissed on you that way. But sincerely glad you got the matter resolved (in your favor). Now start interviewing consumer attorneys, to see if you can file a suit against them for wasting the last two years of your life, by bringing a suit w/out cause.

At the very least, send a letter to your state's Attorney General letting them know their shenanigans.

[yellowdog]

thanks Tigger !

I just may notify the AG on the matter. It has consumed much of my free time, but in all honesty, the education that I learned was worth it. I know longer FEAR a phone call or a threatening letter.

If the JDB wasn't so infinently greedy it wouldn't be so bad. My last corresponced with CACH LLC was that I owe them $6800, even though the original alleged debt was $3800, which they only had $2800 of it in credit card statements, when though they bought the debt for a hundred or two..

One big mistake I made in the beginning was that I attacked a theory and not the evidence, this might have been over sooner. my bad xangelxxangelxxangelxxangelxxangelxxangelx

[Coltfan1972]

When though they bought the debt for a hundred or two.

Allegedly bought the debt for a hundred or two.