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Well, here I go again. This time Litow and Co filed collection against me and the documents they included, stated my name, address and that I owed money to HSBC. That's it, no account number nothing. So of course I filed my answer with a Motion to Dismiss. Court date was scheduled for 5/10. This morning I went online and saw that a Continuance was filed and the new court date is 5/24. This was filed with the court on 5/4. Wasn't I supposed to be notified of a continuance or given the opportunity to respond to the plaintiff's request? I have not seen anything other than by going online.

What if I had gone to court on 5/10? Any insight?

As always greatly appreciated.

Regards,

K :?:

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If you would have gone to court on the 10th, you would have been told by the clerk that the case had been continued.

As for being notified, since this was the first continuance, they are almost routinely granted for any reason that has a margin of being reasonable (and in some cases, unreasonable). You would have looked bad in the eyes of the court had you opposed it. Better to use the time to prepare for the appearance.

Now if they keep asking for continuances, you can then demand that you be notified so that you can properly oppose them in the future. After the first 2 or 3, the courts start to look down on them.

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If you would have gone to court on the 10th, you would have been told by the clerk that the case had been continued.

As for being notified, since this was the first continuance, they are almost routinely granted for any reason that has a margin of being reasonable (and in some cases, unreasonable). You would have looked bad in the eyes of the court had you opposed it. Better to use the time to prepare for the appearance.

Now if they keep asking for continuances, you can then demand that you be notified so that you can properly oppose them in the future. After the first 2 or 3, the courts start to look down on them.

Ohh, I see. Thanks for the insight. That makes sense. This is being played out in a small civil SC court with a magistrate. I think he wants to get some ducks in a row since this didn't play out to be a slam dunk. Maybe I should have just answered and played it so that he felt it would have been an easy Default Judgement? Oh well. :roll:

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Although I respect what WhoCares1000 says, my strategies are much different in that I will hit opposing counsel over the head for each and every rules violation I can and force him into the court room for oral arguments every time. You need to go the court house and look at the file to determine what they filed and what they said about service.

I have repeatedly had attorneys efile, expecting the system to automatically notify me. however since I can not be an efiler as a Pro Se, I never get notified. I always file for protective order and the lawyer says "oh, my office goofed up and we will make sure it does not happen again". The lawyer ends up with egg on their face and almost half the time does it again. That usually means the lawyer gets to pull out his checkbook for the judge.

Even if they do not do it again you put them on notice they have not hooked into someone making a pathetic fight, but someone that will cost them money with the fight.

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Send opposing counsel a letter CMRRR demanding (nicely) that you be informed by regular mail and by email of any filing. Agree to do the same, they won't be able to refuse.

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Send opposing counsel a letter CMRRR demanding (nicely) that you be informed by regular mail and by email of any filing. Agree to do the same, they won't be able to refuse.

LE, are you aware of any templates for this nice (demanding ) letter?;)

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sourdoughnative, Welcome to Iowa's new electronic court system. If you have not, do so now, go to the Iowa court website and register. All your cases will be there and any motions etc will be listed there. I find it annoying to have to do things via the net and telephonicly. But this what it is now. Litow will do thing via the phone.

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There is a $25.00 monthly charge. I don't have any active state cases so I really don't use the system. It does not really quite seem legit to allow the lawyers to file motions electronically and keep the indigent debtor in the dark.

I would not worry about Litow. He'll fold as soon as you ask for assignment of the debt and go onto the next debt.

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Thanks Hack and Down,

I am familiar with Iowa online court. that's how I found out there was a continuance. I did receive a copy of the courts filed motion for continuance in the mail yesterday. Just was curious as to why they filed it in the first place. Thanks for all the info-I truly appreciate it. :notworthy:

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A continuance requested by a JDB lawyer? Very common. Let's see, what possible reason could they have:

1. doctor's appointment, removal of crotch crickets

2. mental examination (came out negative)

3. mating season for the attorney's species and doing the wild thing with a girl with antlers is more important than court

4. Drunk

5. Forgot the case

6. Read this forum and has to go find out how to actually litigate a case

7. The STD scan came back positive

8. Extreme vaginal itch, smelly yellow discharge (sorry, legitimate condition in any doctor's office)

9. Body hair removal (shave your back, use a weed whacker on the rest)

10. Had a doctor's appoinment to determine body mass versus the wieght of the average Oldsmobile. Doctor called me a Moon Pie sucking fat bast**d and threw me out of his office because I exceeded the safety standards of the building

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A continuance requested by a JDB lawyer? Very common. Let's see, what possible reason could they have:

1. doctor's appointment, removal of crotch crickets

2. mental examination (came out negative)

3. mating season for the attorney's species and doing the wild thing with a girl with antlers is more important than court

4. Drunk

5. Forgot the case

6. Read this forum and has to go find out how to actually litigate a case

7. The STD scan came back positive

8. Extreme vaginal itch, smelly yellow discharge (sorry, legitimate condition in any doctor's office)

9. Body hair removal (shave your back, use a weed whacker on the rest)

10. Had a doctor's appoinment to determine body mass versus the wieght of the average Oldsmobile. Doctor called me a Moon Pie sucking fat bast**d and threw me out of his office because I exceeded the safety standards of the building

Ok, ok.....I get it. :ROFLMAO2:

:lolsign::lolsign::lolsign::lolsign:

Thanks again LE, made my day!

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I am the Rodney Dangerfield of CIC. Jokes keep you sane up here, sometimes you gotta have fun. I actually looked at a case on youtube where a lawyer came to court so drunk the judge made him take a breathalyzer test. He blew a .08. Another lawyer (case on line, I posted it before) went to the beach, got wasted, and forgot he had court. His secretary called him and told him, so he ran to court and appeared drunk in bathing trunks. The judge threw him out and fined him for contempt. Another genius lawyer (also posted this) screwed up the complaint papers and sued himself four times. This is what we are up against.

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Well, I for one am always for finding a little levity, even in dire situations.

I have no intention of laughing while I am in court, but preparing to present is easier when laughter erupts out of all the hum drum and banal stupidity.

For most of us, it can be a serious blow to our livelihoods and standard of life if these bloodsuckers win, and yes that's some serious Sh**. But there is always the da** funny side too, that just makes you laugh and say, F** IT!!

I'm glad to see that even in a really dark moment, someone is able to make us smile or even bust out laughing. That's killer.

:lagerlouts:

Edited by sourdoughnative

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I posted this on another thread earlier.

QUOTE=sourdoughnative;1157343]Got served last night. Being sued by Litow and Pesch for HSBC. On their paperwork there is no Notice To Cure and they don't even reference an account number, just my name an amount and an interest rate of 29.99%!!! with interest fees.

I am going to Answer using the courts basic form, not even showing myself as Pro Se like I did with Midland. Just keeping myself on the low, low.

So once again the ball is rolling. Small claims court, Magistrate and me. :boxing:

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Sorry, still haven't posted the actual complaint (It really wasn't like any other-basically stated my name, that I had an account with HSBC {no acct. number referenced}, an amount and the blah, blah, blah about added fees and penalties. That's it. Pay up sucker or we'll sue you.

As far as the previous continuance, they did it again!

Received a letter from the court yesterday that it has been continued again.

Same day, later time.

WTH???

Either their trying to pack some ammo or scare the bejesus out of me. :shock:

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I went through the same thing you did a few years back. Every time I showed up in court and asked for assignment they said they would get it and the judge gave them a continuance. They did this at least twice, maybe three times. On the last continuance they said they would send a copy of the bill of sale. They sent it right after the phone conference hearing and I was still there.

The copy was illegible and the judge agreed with me. She reluctantly dismissed the case. I say reluctantly becuase it seemed that I was fighting both the court and litow because I was pro se and litow was a colleague.

I don't know if your 20 days is up yet but I'd get some counterclaims in before they dismiss their case. I don't know what you may have for FDCPA violations but just about all collectors violate because they're in a hurry to collect and don't pay attention to the debt collection calls.

Even if your 20 days' is up, you could still formulate the counterclaims, send them in, and ask for leave of court. Since the action has not gone too far, the judge very well may allow them.

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I went through the same thing you did a few years back. Every time I showed up in court and asked for assignment they said they would get it and the judge gave them a continuance. They did this at least twice, maybe three times. On the last continuance they said they would send a copy of the bill of sale. They sent it right after the phone conference hearing and I was still there.

The copy was illegible and the judge agreed with me. She reluctantly dismissed the case. I say reluctantly becuase it seemed that I was fighting both the court and litow because I was pro se and litow was a colleague.

I don't know if your 20 days is up yet but I'd get some counterclaims in before they dismiss their case. I don't know what you may have for FDCPA violations but just about all collectors violate because they're in a hurry to collect and don't pay attention to the debt collection calls.

Even if your 20 days' is up, you could still formulate the counterclaims, send them in, and ask for leave of court. Since the action has not gone too far, the judge very well may allow them.

They haven't called once. In fact I wasn't even aware of them until I was served. They didn't produce anything even tying me to an account number when they filed their papers. I imagine they are trying to produce more documentation. I would be surprised if they even showed up in court though, their offices are 4+ hours away. Although maybe that's why the continuance was only moved 4.5 hours ahead. Then again, this is a small Magistrate Court, Small Claims to be exact and discovery and a lot of other filings aren't allowed. As far as counterclaims, I really can't see anything to file at this point and the court date is 8 days away.

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If you look through the court documents you'll probably see where litow has asked for phone conference...or something like that where he won't be in court but will argue his case by phone.

Just make sure you show up else he will get default judgment.

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Well Dang, had my little encounter today with the Magistrate and of course Litow and friends didn't show. I sensed things weren't going to go well when he asked if had an attorney present. (All the papers filed say Pro Se).

He then proceeded to ask if I had any witnesses or evidence to present..........

I basically told him I felt they Lacked Standing to Sue based upon the fact that a Valid, Authenticated Bill of Assignment or sale was presented or proven.

He shuffled through all the paperwork they sent him (not to Me) numerous times and basically said if you can present Legalese or case law to dispute this, go ahead. Otherwise he said he has to study case law in order to make a ruling. He felt that the documents they presented HIM validified the debt. I kept stating I didn't think they constituted Authenticated Proof.

Came down to him saying there had been a recent ruling regarding cases such as these (6 months ago he said) and he would have to study that and case law and then would mail me the ruling.

Criminy,,. I left feeling like the wind just got momentously sucked out of my sails. It's like he was punishing me for trying to represent myself. :waah:

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No, he was just telling you the cold hard truth. Judges rule on case law. Whenever you go to a hearing before a judge, you should be able to argue case law that has binding precedent. "Your Honor, on such and such a date, you personally ruled in Dummy v. Chase that the defendant prevailed, based upon the same set of circumstances set forth in the instant action." Basically what you did by not presenting case law was to throw your defense back to the judge, which they do not like. That is your job, not theirs. Learn to use Google Scholar, then you'll be prepared next time. They always ask you if you have an attorney, unless they know you. They gave up asking me that a long time ago. Now they ask the other poor bas***rd if HE has an attorney, because they know what's going to happen to him.

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No, he was just telling you the cold hard truth. Judges rule on case law. Whenever you go to a hearing before a judge, you should be able to argue case law that has binding precedent. "Your Honor, on such and such a date, you personally ruled in Dummy v. Chase that the defendant prevailed, based upon the same set of circumstances set forth in the instant action." Basically what you did by not presenting case law was to throw your defense back to the judge, which they do not like. That is your job, not theirs. Learn to use Google Scholar, then you'll be prepared next time. They always ask you if you have an attorney, unless they know you. They gave up asking me that a long time ago. Now they ask the other poor bas***rd if HE has an attorney, because they know what's going to happen to him.

:BadDay:

Still haven't seen or heard any ruling yet.

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