SkippieB Posted November 12, 2012 Report Posted November 12, 2012 (edited) 8-)Another win for the board. The UPS man just dropped of Hunt & Henriques' Request for Dismissal-of course without prejudice on all causes of action. I'll take it!Thanks to ++CaLawyer, Bruno, RTE, Helpme,BV80, BTO429:)++ and all the others who've helped with advice and/or just relating how they did what they did. I kindda expected them, after reading their lame-arsed opposition paper to my Motion to Compel a BOP to dismiss the open-book claim but nope they went all in and dismissed all actions! Four months from start to finish. Kinnda half way enjoyed the whole experience. Like Bon Jovi said, "you live for the fight when that's all that you got." Livin' on a Prayer.Long story short, I don't think it was anything that I did or didn't do that made them cave other than I held them accountable for dead-lines, etc and showed them I wasn't afraid to push back by filing that Motion to Compel. No, I think it was more that they have little to no experience fighting those who fight back. I do think though my last meet and confer letter may have been the straw that broke the camels back-and not my Reply to their nonsensical opposition to my MTC. There's no way they could have read the reply since I sent it out the same day as they sent me the dismissal request.Anyway, that got my M&C letter on Thursday (sent it CMRR) and Friday they sent me the signed request for dismissal form. The M&C letter was the one in response to their not making a good faith effort, among other things, to answer my discovery requests-especially the ROGS fiasco-They objected to an 11th Interrogatory when there were only ten. Boom! Also, called them on the Regulation Z crap as not being justification for destroying original credit agreement and for sending rather than serving their responses. Told them all that stuff was grounds for another motion-this time for crap-ola responses not served in a timely manner. I even started composing the motion-knowing they would never send me the revised responses I requested.Now, I'll see if I can recover any costs. Didn't have any filing fees as the court waved those but I'm hoping to collect something. Going to go relax now and pop a long tall cool one Now if the Steelers can pull off another win the day will be golden.Again thanks to all for holding my hand through what has turned out to be another win for the board!Carol-Lynn Edited November 12, 2012 by SkippieB
rte Posted November 12, 2012 Report Posted November 12, 2012 You did all the steps and H&H couldn't follow.
Amerikaner83 Posted November 12, 2012 Report Posted November 12, 2012 Can you get dismissal WITH Prejudice?
BrunoTheJDBkiller Posted November 12, 2012 Report Posted November 12, 2012 I don't think with prejudice is an option as this was voluntary and not on the merits. At any rate, what is the chance they will come back after getting kicked to the curb? Not very good. I think she's seen the last of them, unless they just want a worse beating next time.
SkippieB Posted November 13, 2012 Author Report Posted November 13, 2012 I don't think with prejudice is an option as this was voluntary and not on the merits. At any rate, what is the chance they will come back after getting kicked to the curb? Not very good. I think she's seen the last of them, unless they just want a worse beating next time.A beating that you helped me deliver. Thanks soooooo much Bruno! We rocked them didn't we!:ROFLMAO2:Carol-Lynn
helpme Posted November 13, 2012 Report Posted November 13, 2012 Hey SkippieB,Doesn't it feel GOOD!!!!! Get some rest. You deserve it....
racecar Posted November 13, 2012 Report Posted November 13, 2012 :BigDance:Nothing like a holiday time Junk debt buyer beat down:BigDance:
PlayinPoker Posted November 13, 2012 Report Posted November 13, 2012 Congratulations! It is encouraging to see that LVNV can be successfully taken on!
Torden Posted November 13, 2012 Report Posted November 13, 2012 I don't think with prejudice is an option as this was voluntary and not on the merits. At any rate, what is the chance they will come back after getting kicked to the curb? Not very good. I think she's seen the last of them, unless they just want a worse beating next time.Maybe. I'd still file a MTRC and ask for W/P, arguing that there were genuine merits for the defense, and I don't want to go through all this hassle yet again just to get their merits heard. That, and I want be eliminate any chance they can still continue to collect an invalid debt, place an invalid debt on my CR, sell an invalid debt to another collector without informing them in advance that it is invalid, or issue a 1099C on an invalid debt.But that's me. I might well have filed counter charges which would have ended their ability to just MTD and force them to come settle.
Beergoggles Posted November 13, 2012 Report Posted November 13, 2012 Congrats!!!they just keep going down, now if everyone would wake up and realize they have no right to sue it would be great.
SkippieB Posted November 13, 2012 Author Report Posted November 13, 2012 Maybe. I'd still file a MTRC and ask for W/P, arguing that there were genuine merits for the defense, and I don't want to go through all this hassle yet again just to get their merits heard. That, and I want be eliminate any chance they can still continue to collect an invalid debt, place an invalid debt on my CR, sell an invalid debt to another collector without informing them in advance that it is invalid, or issue a 1099C on an invalid debt.But that's me. I might well have filed counter charges which would have ended their ability to just MTD and force them to come settle.What is a MTRC and W/P?Carol-Lynn
Amerikaner83 Posted November 13, 2012 Report Posted November 13, 2012 Maybe. I'd still file a MTRC and ask for W/P, arguing that there were genuine merits for the defense, and I don't want to go through all this hassle yet again just to get their merits heard. That, and I want be eliminate any chance they can still continue to collect an invalid debt, place an invalid debt on my CR, sell an invalid debt to another collector without informing them in advance that it is invalid, or issue a 1099C on an invalid debt.But that's me. I might well have filed counter charges which would have ended their ability to just MTD and force them to come settle.THIS.What is a MTRC and W/P?Carol-LynnMTRC should be Motion to Recoup Costs. basically, you file with the Court that you should get back some or all of the costs you incurred to defend against this junk suit.W/P Is WITH Prejudice. The way it stands now, it's gone but they can come back and sue later. If you get it to be WITH prejudice then they can never come back and sue you again for this same alleged debt.
SkippieB Posted November 13, 2012 Author Report Posted November 13, 2012 Didn't really have any costs except for mailing and ink/paper. Courts waived filing fees.Why would you have to file a motion to recoup costs? Here in Cali we have a judicial council form you file but what I can tell you can't take the cost of postage and ink off-or can you and if so do you need receipts?Last question-Will H&H filed the request for dismissal or do I have to? There is a question asking if anyone had their fees waived and I did but they did not check the box. Should I check it and fill out the declaration on the back?Carol-Lynn
BrunoTheJDBkiller Posted November 13, 2012 Report Posted November 13, 2012 I'd have to look it up, but I'm fairly certain that a Plaintiff who voluntarily dismisses a case has a statutory right to refile. I don't think a judge can change that.
Amerikaner83 Posted November 13, 2012 Report Posted November 13, 2012 Well then you don't really need the MTRC then do ya? It's on the Plaintiff to notify the Court of Dismissal. Did you actually sign and send the thing back to them, or do you still have it? If you still have it, you can notify them that you want the dismissal changed to WITH prejudice.
1stStep Posted November 13, 2012 Report Posted November 13, 2012 I'd still file the MC-010... it could be enough leverage to move this to a dimissal with prejudice.
SkippieB Posted November 13, 2012 Author Report Posted November 13, 2012 I'd still file the MC-010... it could be enough leverage to move this to a dimissal with prejudice.Thanks but the only cost I had was for mailing-which you can't take off.I'm not too worried about them re-filing. I'm fairly sure they folded because they can't prove proof of assignment from Sears to Citibank let alone from Citibank to LVNV and the only proof of debt they seemed to have was the 12 credit card statements I talked about here on the board. They sent me the same 12 statements for my POD request as they did for my demand for a BOP Those two requests were two months apart and they claimed all they needed was 45 days to get everything they were going to get on September 4th-well those 45 days have come and gone and then some.Also, I'm wondering about the BOP they filed with the court in their opposition papers to my MTC. I'm rather new at this but aren't they essentially limited to what transactions-or billing statements-they submitted with their BOP? Come June it will all be moot as the SOL will kick in!Carol-Lynn
1stStep Posted November 13, 2012 Report Posted November 13, 2012 (edited) Actually, the time you were in litigation adds to the SOL... But I highly doubt that LVNV will pursue again. You've answered, called their bluff and on the business end of things, blew through their tolerances for cost on this account. In other words, they lost $$$ on it. Edited November 13, 2012 by 1stStep
SkippieB Posted November 13, 2012 Author Report Posted November 13, 2012 (edited) Actually, the time you were in litigation adds to the SOL... But I highly doubt that LVNV will pursue again. You've answered, called their bluff and on the business end of things, blew through their tolerances for cost on this account. In other words, they lost $$$ on it.You know I think I read that somewhere-thanks for reminding me. You're soooo right about it cost them more than they bargained for. I'm of the opinion all they care about is getting a fist full of defaults that they can package and sell like they used to do with sub-prime mortgages and that's where they make the real money. Most of the research I've done show that only a few judgments bears any fruit and most are returned to the courts uncollected. A few do settle and they obviously make some coin there but, by and large, they can't be in it to litigate. Filing fees alone in my county last year had to be close to $70,000. That's a lot of coinage for a few settlements and noncollectable defaults if they weren't into reselling.Carol-Lynn Edited November 13, 2012 by SkippieB
1stStep Posted November 13, 2012 Report Posted November 13, 2012 (edited) I've been told by several in the know that LVNV sits on these and every so often, once they get employment info- they garnish wages... Edited November 13, 2012 by 1stStep
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