we are being watched

[BTO429]

If you have a case in court that is still open and you post in a forum like this what you are going to use as a defense and before you even present your motions or defense they other side files motions that rebut your claims is this an illegal tactic.

Say you post on a forum you motion or your complete case as you are going to present it to the court, but before the court date the other party files motions that rebut or interfere with you motion is this tactic legal. Especially when the only way the other side could have known about your plans and their motions rebut ver batum what you posted and the only source of that info would have been what you posted in the forum.

I know what you say in a forum like this becomes public knowledge but this is not right.

[kittymamma]

That is scarey, the JDB lawyers are getting tricky, they couldnt figure it out on their own so they SPY

[WhoCares1000]

This is why you keep your discussion so generic that they do not know who you are. If you want help reviewing motions, use PMs or change the information so much that the other side cannot figure out who it is for.

[Public Enemy]

Good tip about keeping it generic enough that they can't associate it with a particular individual.

[BTO429]

I will answer others posts but I may refrain from posting my own.

[usagi555]

At this point, I don't give a damn if they know who I am on here. I'm not going to tell them, but if they figure it out, they'll figure out that I'm going to be coming for them hard. The worst they'll get from this site on me is knowing whats coming that they can't stop, and maybe some post somewhere where I called them folbbedy pickle kissers.

[Coltfan1972]

I not only did not/do not care, I sent the other side the link(s) to the threads where I talked about my case. It's the ultimate victory when the other side knows exactly what is getting ready to happen and still can't win or do a dang thing about it.

It's like Michael Jordan and the Bulls down one point with two seconds left on the clock. There was not a soul in the arena or watching on TV that did not know with 100% absolute certainty Jordan was getting the ball and taking the last shot.

All the other side could do was just watch him take the shot and win. Or as you in the military like to call it "BOHICA"

However, to your actual question, I don't see it as an problem at all. We have freedom of speech and they have a right to read our speech, if we choose to post it.

In other words, we have no expectation of privacy when posting and we assume the "assumption of risk" when we post.

Look at it this way, what's to stop somebody that knows the other side is watching from posting exactly what they are not going to use or not going to argue.

I would say a motion or reply/defense ect.... that was only based on what was posted here would be premature, but in no way illegal, or really unethical, at all.

Shoot, I go to the other sides message boards to see what they are thinking and have framed arguments using what I read or learned. I have gone to blogs by the other sides attorney to try and get an edge, also.

I even started a thread on the judge I just drew in my federal lawsuit. The online information where he gave interviews or made public comments, has me defiantly changing the direction of some of my arguments, for the positive !!

[admin]

We've been watched since the board went online. It's how we know we are powerful.

[Coltfan1972]

We've been watched since the board went online. It's how we know we are powerful.

You don't scout losers, you know you are going to beat the losers. You keep a close eye on those that will kick your tail.

[kutuzov]

Even if we are watched I prefer to get advise from here, to go completly blind to a court. The best they could do if they figure out is me is trying to rebute my arguments. anyway remember every day at court cost them money, so even if they watch the site know what you're gonna do, and all that, in the end they need to keep a balance with the expenses, defending a lost cause is not good for them, for you it might be a life saver, and getting it dismiss or a good settlement. So personally I don't care if they watch still people around give me a good idea of what to do, and save me from paying 2000 cash, to pay 600 on 12 installments of 50 bucks, a BIG difference. Keep it up Folks!! THANKS 1million TIMES FOR YOUR HELP!!

[My~Cuz~n~Vinny~]

I have to agree with our fine admin and all the other comments from you fine folks. I have learned the basics of defending myself in a court of law.I NOW know what to research and when to present the research to the court in a timely fashion. I have learned that many of these paralegal pantywaist's try trick questions and out right lie as to the evidence they presume to be admissible.

I have always been a little wary on posting anything anywhere on any site.No less this site.It is all public what we post. Even Google announced that they will be keeping track of related searches from users who become members.

I agree.....Let them look all they want.If they have to resort to snooping to get their evidence then they don't have the admissible evidence in the first place.

Questions are great!

Links are great!

Discussions are great!

Finding out who the other side is and how they operate because they are discussed at length on this forum is great!

I say keep posting their Admits ,rogs, and docs requests. That way we can all understand how the enemy walks~n~talks~n~stalks.

Thank you again everyone for all the help on understanding the legal process and how it all works.

[IndiraMehta]

Debt collectors probably ARE monitoring this shizz.

The JDB lawyers are clearly not seeing this as a threat. If they were, they'd present tighter cases to court, and actually.... LAWYER well on their client's behalf. This is obviously not occuring because so many of their cases are obviously faulty and they get dismissed on the regular.

Monitoring sites like this only works if the people monitoring use the information to take action. I'm sorry, but a lawyer (any person, really) with as large a caseload as these rent-a-lawyers simply is not going to take the time or care to look up whether your user name is "CoolyMassa89" and if this is something they can use in their case.

If you're in the appellate courts or Federal court, this may be a whole different story. If you've gone to that level, the lawyers in this sphere are significantly more savvy and actually care about their careers. I would STFU on cases like that, and change defendant/plaintiff names heartily.

Knowledge only works if you use it.

[usagi555]

Debt collectors probably ARE monitoring this shizz.

The JDB lawyers are clearly not seeing this as a threat. If they were, they'd present tighter cases to court, and actually.... LAWYER well on their client's behalf. This is obviously not occuring because so many of their cases are obviously faulty and they get dismissed on the regular.

Monitoring sites like this only works if the people monitoring use the information to take action. I'm sorry, but a lawyer (any person, really) with as large a caseload as these rent-a-lawyers simply is not going to take the time or care to look up whether your user name is "CoolyMassa89" and if this is something they can use in their case.

If you're in the appellate courts or Federal court, this may be a whole different story. If you've gone to that level, the lawyers in this sphere are significantly more savvy and actually care about their careers. I would STFU on cases like that, and change defendant/plaintiff names heartily.

Knowledge only works if you use it.

The cases are so sloppy because they've gotten away with it for so long, and they've gotten away with it for so long because most people roll over and get slapped with a default judgment. When you start looking at the percentage of consumers who actually fight back, the number is much smaller and some of those law firms can and do have some of their employees check sites like this one. If you've got a collection agency/law firm that employs 50 or 100 or so people, it's not much in the grand scheme to have one or two $9.00/hr employees who look for posts by those who answer the summonses on these sites as one of their job duties.

[IndiraMehta]

The cases are so sloppy because they've gotten away with it for so long, and they've gotten away with it for so long because most people roll over and get slapped with a default judgment. When you start looking at the percentage of consumers who actually fight back, the number is much smaller and some of those law firms can and do have some of their employees check sites like this one. If you've got a collection agency/law firm that employs 50 or 100 or so people, it's not much in the grand scheme to have one or two $9.00/hr employees who look for posts by those who answer the summonses on these sites as one of their job duties.

Yep, yep!

After all, the only reason this industry exists enough to be an "industry" is because of the high margins and ignorance of the law of a great many consumers. This is true and has been true for decades.

Once consumers start to man-up, learn the law, and begin to present SUBSTANTIAL threats to their bottom line, then and only then will monitoring be a major problem.

Right now, it's still not an issue. So their ratio of cases won goes down from 96% of lawsuits down to 91%. This isn't such a bad deal for people who pay pennies on the dollar for the rights to sue.

If it were a dramatic reduction in wins -- from 96% to 70% -- now we're talking problems. But this is not the case. And it will not be the case. I doubt this will ever be the case.

Most people being sued for $3000 are likely to pony up the cash instead of fighting, instead of doing their own research, instead of getting a lawyer. This dollar figure is just about the average for a debt collection case by design. It's enough for most consumers to be concerned about, but not enough to be motivated to retain a $250/hour attorney.

$5000, $6000 and over -- this is an amount that many people, even poor people, will take the gamble on having to pay out up to $2000 to an attorney to avoid paying the $5000+ to a JDB.

The minute this situation and its variables are no longer true, then monitoring will be a major issue.

[usagi555]

Read the last post:

http://www.creditinfocenter.com/forums/there-lawyer-house/242744-qs-answer-when-posting-forum-please-read.html

[WhoCares1000]

The question though is, is this really such a bad thing? The Plaintiff can try to rebut what you are tying to do but for the most part, certain things are really boiler plate with some specific stuff added in or removed for your situation. They still have to match the answer you post on here (with no names or amounts) to the answer you submitted.

Even at $9/hr, they still have quite a bit of work to go through. They could try to narrow down by state but 99% of the users here do not use real names. Besides, if you are that paranoid, you can ask if someone will look over your answer and then PM anyone willing to do that.

Finally, the admin is right. If the advice on this board was not good, the other side would not bother to look at it. The fact that they are reading these boards proves that something here is working. The others are also correct in saying that the other side can look here, just because you see a run away car does not mean you can stop it. You can try but you might just fail as much as you succeed.

So if the other side is indeed here and not trolling, I see no issue with that. Of course, the few that do troll end up being outed for it and then have to disappear.

[Anza01]

That is scarey, the JDB lawyers are getting tricky, they couldnt figure it out on their own so they SPY

Well, you can't spy on a public forum open to everyone. The collection industry will do everything they legally (and often illegally) can to come after you.

It would be a huge mistake to assume the opposition is *not* following you around.

That said, you can always trip them up. You don't have to give the correct agency, amounts, names if you worry about being watched.

Posting your pleadings could tip you off, but so what? You have an audience now who cost upwards of $400 an hour watching your possible weak pleading turn into a win thanks to the collective experience from places like this.

Edited April 13, 2012 by Anza01

[Coltfan1972]

I know a guy that at a deposition was presented with dozens and dozens of printed pages from online posting. They were all collection issues, how to win, basically what we all post about. The other side sprung it on him in a big three ring binder.

He simply thumbed through all of them and said, "Yep, looks like you got everything, I'll check and if you missed anything get those to you. Now what's your question"

No, was not me, but waiting on it to happen.

Edited April 13, 2012 by Coltfan1972

[Guest usctrojanalum]

If the plaintiff deserves to win, they will win.

If the defendant deserves to win, they will win.

When it is not so clear either way you just hope the judge makes the best informed decision he can.

[legaleagle]

Nobody can file an objection to a motion that has not been filed. As for these observers, let them observe. I've been here for a while, I'm sure they've figured out who I am, even though I never really discuss my own cases here. It certainly didn't improve the performance of the stammering idiot they sent to court. Let them look, what are they going to do? It's like being handcuffed to the tracks and bragging that you can see the train coming. SPLAT, you're all done.

[Coltfan1972]

It's like being handcuffed to the tracks and bragging that you can see the train coming. SPLAT, you're all done.

[usagi555]

Then it comes to be the soothing light at the end of your tunnel, it's just a freight train coming your way.

[My~Cuz~n~Vinny~]

He simply thumbed through all of them and said, "Yep, looks like you got everything, I'll check and if you missed anything get those to you. Now what's your question"

It's like being handcuffed to the tracks and bragging that you can see the train coming. SPLAT, you're all done.

YeP !!

PERZACTLY

Endeavoring to persevere gives one the attitude to see through the buffalo smoke they spew !

Thanks for the wise words you~s~guys !!

.

[Coltfan1972]

Sorta of like my favorite part in the movie Fracture. Anthony Hopkins is accused of murder and fires his attorney and wants to rep himself. The prosecutor objects due to issues on appeal for Hopkins not having an attorney.

The judge tries to talk Hopkins out of it and Hopkins will have none of it. The judge looks at the prosecutor and with the most I don't care and monotone voice says "He's a tax paying citizen, I can't stop him, he has every right to try and manipulate the criminal justice system just like everybody else"

Collection attorney's, collection agencies, and junk debt buyers seem to think they are the only ones allowed to aggressively work the legal system and when somebody starts playing the game back at them, they go into convulsions.

The attorney for the other side in one of my cases actually stomped her foot when something did not go her way.

[BTO429]

Liek I have posted on one of my threads, I have proof that the court did not follow the rules when a default was entered. A new judge is now in the court since the one who signed my default was forced to retire or face charges for judicial misconduct.

That where I have big problems with the law, if a judge does something illegal they just give him/her the option to retire or abdicate the bench and no charges will be filed.

But if a taxpaying citizen screws up we get the book thrown at us.

I have proof right in the case paper work that a default was entered before the affidavit of military status was admitted into evidence, a full 30 days went by before the affidavit was entered, but knowing my courts like I do, they will rule against me.

I will let the court make it ruling, which I know what it will be, if the court does rule in my favor it will shock me. The judge is in his 70's and sometimes is impossible. But after his decision I will appeal it and make a federal case out of it.

Once in Federal court where they actually follow Federal laws I will have my day. After I get the Federal case done I will sue the process server, the person whom signed the affidavit that she clearly states the defendant is not in the military, for perjury, and the collection agency.

I have about 30 cases that clearly states that the SCRA does provide for a private right of action. I will sue in Federal court where the award for damages are higher.

My plan as soon as I get my attorney license is to represent consumers in debt collection cases. I will not worry about charging the clients because the debt collectors will pay me.

The collection agency that I am fighting right now has so many cases in this court that she lives there. I will go to the court and watch her, after every client she talks to in the hallway gets done with her I will give them my card.

The owner of the collection agency does most of her business in the hallway and then tells the defendants that they do not need to be in the court room and they can leave. I have been sitting in the back and watching her present the cases and she always gets what she wants, because the defendant is not there. I will put a stop to this kind of judicial nonsense.

I am sorry. I was in the Marines for 26 years and I am a stickler for following the rules. I will strive to make sure that the attorneys and the judges of these courts follow the rules of the court to a tee. After all that's why the rules were made by the state in the first place.