Coltfan1972 Posted April 2, 2012 Report Posted April 2, 2012 My intent to sue letter expired on Friday. So of course I was at the federal courthouse first thing this moring, lawsuit in hand. I want to thank those that answered or gave opinions in my threads last week, while I was putting the finishing touches on the suit. While I did not wear a suit, I did dress nice, even though I was just filing the case. I went to the clerk's office and a very professional and nice looking older lady asked if she could help me. I said, yes, is this where I file a lawsuit. She smiled, but had that "oh great, somebody that has no clue" look on her face. I had my three copies, my exhibits stapled, my federal cover sheet, and my federal summons, all together and pulled them from my file. She started going over them and looked up and asked me what law firm I worked for. I said don't and never had. She then asked if I was in law school. I smiled and just said no. She then spent a few min going over everything and then said, "I want you to know this looks better than most attorney's file with me." "You have really done a great job, I don't know who this company is, but it looks like they called the wrong person." I smiled and said, "Thank you very much and I can assure you they called the wrong person." After that you would have thought it was my first day at work. She was showing me around, gave me her business card and told me to call her with any questions and if she did not know the answer she would get it for me. She also started making me copies of the local rules that are on their website. I said, I actually have those printed and pulled those out also. She looked shocked. She then pulled out a packet that was titled "Your Day in Court, Pro-Se Manual." She said, "Do you have this?" I smiled and pulled that out also. You would have thought a long lost family member had just walked into the office. She then said, well this is certaintley a surprise. I did not expect this when you asked if you were in the right spot to file a lawsuit. She then said, do you have any other questions at all. I smiled real big and said, "Yes Mam, where's the courtroom." Then we both laughed as she showed me where it was. Round one and the home field advantage to me. I always post about being prepared and Legal even posted about taking donuts to the clerk. The clerk has a ton more power than you might think. Getting the staff on your side is important and round one was a huge success. Of course you must have a case, you can't win just because the clerk likes you. However, this clerk has to see tons of cases and was the only one in the office. She also said she would have in Pacer this afternoon. So for the clerk to make positive comments, of course was a great start. I'll update this thread with the progress. If anybody that I know or is a regular poster, that has Pacer, wants the case number, PM me. I've already sent to to those that asked for it when the case was filed. I'll have these clowns served later this week (I'm skipping the waiver of service) I was this thing to get going. Then I'm planning for a wonderful and non-burdlesome round of discovery. xxHellxxLet the games begin. They thought the wrong person had sent them the usual intent to sue that would never be followed up with a lawsuit. Round 1 and home field, in the books. The underdog role has been fully embraced. Now it's time to kick their a$$ all over that courtroom !!! Bring it on !!!!!!
usagi555 Posted April 2, 2012 Report Posted April 2, 2012 Did I keep on sending you the same info on the FCRP over and over again earlier today? If so, I'm sorry. The server kept on telling me that it wasn't going through.
crash5050 Posted April 2, 2012 Report Posted April 2, 2012 Great Job Coltfan. Keep us posted. I gotta check pacer to see ig my slimeball oppositon snuck anything in on me today.
Coltfan1972 Posted April 2, 2012 Author Report Posted April 2, 2012 Did I keep on sending you the same info on the FCRP over and over again earlier today? If so, I'm sorry. The server kept on telling me that it wasn't going through.You did, but no worries, it's not like I'm going to sue you or anything. Thanks for the info though!!
Coltfan1972 Posted April 2, 2012 Author Report Posted April 2, 2012 You havent made Justia yet....I got my hands wrapped around the filed lawsuit with the court stamp on it. I'm good my friend. I've got what counts.
kittymamma Posted April 2, 2012 Report Posted April 2, 2012 You have really done a great job, I don't know who this company is, but it looks like they called the wrong person." I smiled and said, "Thank you very much and I can assure you they called the wrong person." And we could all assure them that they are about to find out Way to go Colt, go get um!!!
1stStep Posted April 2, 2012 Report Posted April 2, 2012 (edited) Are you using the US Marshal to serve them? They always get the point across....///I expect them to answer, then start negotiating a settlement... Edited April 2, 2012 by 1stStep
Coltfan1972 Posted April 2, 2012 Author Report Posted April 2, 2012 Are you using the US Marshal to serve them? They always get the point across....///I expect them to answer, then start negotiating a settlement...LOL, I'm just using a friend of a friend that is a police officer for Little Rock, but also is a process server. He did advise that he would be in uniform when he served them. I need to check on the Marshall. If is is not that much more, I might just do that. But in the spirit of cooperation, I emailed them with "Courtesy Notification of New Federal Lawsuit" then advised them of the case number, judge, court, and that service would "perfected" this week. As you know, I'm always looking to just cooperate and make it a smooth and painless process.
admin Posted April 2, 2012 Report Posted April 2, 2012 I can't wait to hear the blow-by-blow of your first day in court.
gwheelock915 Posted April 2, 2012 Report Posted April 2, 2012 You are right about the power of the clerk. I've filed 2x here in chicago. Honestly, most of the judges are good with pro-se's. I take fed court anyday over county. Good luck, though I doubt you'll need it.
Coltfan1972 Posted April 3, 2012 Author Report Posted April 3, 2012 You are right about the power of the clerk. I've filed 2x here in chicago. Honestly, most of the judges are good with pro-se's. I take fed court anyday over county. Good luck, though I doubt you'll need it.Thank You !!
RockDaddy Posted April 3, 2012 Report Posted April 3, 2012 Hey My Good Friend,We are rejoicing up here in Boston for you. I just read your entire post outloud here in the house and I acted out all the really tough parts! You've been working hard on this and we've been with you each and every step of the way. I'd *love* to come and see you argue this actually.Just keep us posted on every part. (please email me the Pacer number)Love the way you worked *with* the local clerk. Sugar goes a *long* way with these peeps and you massaged with just the right amount of finesse.Very pleased. This is like anticipating a Title Fight. lol...Now - put that lawsuit under your pillow and sleep like a baby tonight!-RD
scarab Posted April 3, 2012 Report Posted April 3, 2012 Hey Coltfan, this is great. I am subscribing with keen interest.For those of us who haven't followed (mainly due to time constraints) your previous threads, can you give us a little background to set the stage?
Coltfan1972 Posted April 3, 2012 Author Report Posted April 3, 2012 A little background. I'm not exaggerating when I say this, but it would take basically a day to go through everything. If you click on my name, and then go to show all posts, you can easily figure out which apply to this case. I have them titled about a fed suit. VERY quickly. CA called me and sent me letters and not licensed in my state. They also overshadowed the 30 day DV period as they sent me two letters with two different dates in which the 30 day DV period would run. Therefore, confusing and not consistent with each other. Using the state law violation to trigger an additional FDCPA in which I'll already have the court hearing other FDCPA so court will be able to hear the state claim although in federal court. Then asking for declatory judgement ruling they are in violation of a state law. That is the VERY quick rundown.
thee88plyr Posted June 27, 2012 Report Posted June 27, 2012 Way to go, Coltfan!I'm new to the forum basically because yesterday, I received a lawsuit from our favorite JDB Midland Funding, LLC. I am impressed by your knowledge. WHERE do you find this information? Thank you for all the info! Leagle, too! I hope I will be able to adequately word my answer to the complaint based on the information I have found here. Unfortunately, the State of Texas requires that I file an answer within 10 days, in spite of the motion stating 50 days to respond to the attorneys. 10 days. They must be banking on someone not responding.I will keep you posted!
racecar Posted June 28, 2012 Report Posted June 28, 2012 Coltsfan1972 We are all pulling for you so kick some @ss
MisterLoon Posted June 28, 2012 Report Posted June 28, 2012 I'm spending too much time on this board.I was in watching Open Range on AMC, and Charlie Waite (Kevin Costner) says: "Men are going to get killed here today and I'm going to kill them. Do you understand that?"And I think: Coltfan.
needhelpinaz Posted June 28, 2012 Report Posted June 28, 2012 Just look at this fan club you have!!! Knock'em dead!
Coltfan1972 Posted June 28, 2012 Author Report Posted June 28, 2012 Just look at this fan club you have!!! Knock'em dead!While I appreciate the recent support on this case. The case referenced in this thread is over. These clowns backed down in absolute record time. I did start this thread about the end to this case.http://www.creditinfocenter.com/forums/there-lawyer-house/313367-coltfan-v-unlicensed-agency-over-record-time.htmlNow I do have another federal suit going right now that has just gotten off the ground that I've been posting a lot about for the past two days. http://www.creditinfocenter.com/forums/there-lawyer-house/314686-i-have-been-insulted.htmlThis one is in the early stages and the other side has, for the time being, indicated their desire to not just lose, but get annihilated in the process, Which I have now problem granting their wish.They have at least answered the lawsuit, unlike the last ones that wanted to be put out of their misery quickly. I'll take the good karma from this thread and make sure I apply it to my other case. Thanks again !!
legaleagle Posted June 28, 2012 Report Posted June 28, 2012 I can just see you standing over the attorney with a .44 Magnum. "I know what you're thinking, did he fire six shots or only five."Actually I've watched that movie 30 times at least, and I swear he fired four shots.
racecar Posted June 29, 2012 Report Posted June 29, 2012 (edited) On March 16, the U.S. Court of Appeals for the Eighth Circuit rejected a lawsuit under the Fair Debt Collection Practices Act (FDCPA) that was premised on pleadings filed in an unsuccessful state court collection action. Hemmingsen v. Messerli & Kramer, P.A., No. 11-2029, 2012 WL 878654 (8th Cir. Mar. 16, 2012). Plaintiff debtor successfully defended against a collection lawsuit in state court and thereafter commenced an FDCPA action for harassment, false or misleading representations in the state court action, and unfair practices. The claims were based upon defendant debt collection counsel’s summary judgment motion and supporting affidavit; the factual allegations in these documents were deemed unsupportable by the state court when it dismissed the collection lawsuit. A federal district court dismissed the FDCPA action on the ground that representations in the motion and affidavit in the collection action were made to the state court, and not to the plaintiff as required by the FDCPA. On appeal, the Eighth Circuit rejected this broad FDCPA defense and instead embraced a “case-by-case” approach. The court held that these particular FDCPA claims failed because evidence introduced in federal court provided some factual support for the pleadings filed in the state court action.http://www.ca8.uscourts.gov/opndir/12/03/112029P.pdfResearch your rights under the fair debt and fair credit laws, free case review and legal help, attorneys for consumers!Hinshaw & Culbertson LLP - Newsletters - Consumer & Class Action Litigation NewsletterClaims of Debt Collector Abuse Continue to Fail in Courthttp://www.southernlawjournal.com/2011_1/07_Hunt_Bona%20Fide%20Error%20Defense.pdfDailyRecord - Newshttp://www.ca8.uscourts.gov/opndir/11/12/111553P.pdfhttp://comp.uark.edu/~ksampson/students3.htm638 F2d 1134 Peterson v. United Accounts Inc | OpenJuristDunham v. Portfolio Recovery Associates, LLC | ABI Volo ProjectWILHELM v. CREDICO INC, No.http://www.ca8.uscourts.gov/opndir/04/03/031772P.pdfhttp://www.wmitchell.edu/lawreview/documents/8.Swedback.pdfhttp://www.nmcourt.fed.us/Drs-Web/view-file?unique-identifier=0003780422-0000000000http://www.law.berkeley.edu/files/bclbe/MERS_Foreclosure_Cases_Memo.pdf Edited June 29, 2012 by racecar
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