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I think for what I read you are more than fine. Just if you answer the complaint at some point, request a jury trial, next time you see the judge say that for the records, and I'm sure your peers will agree with you that this scum bags are just playing games.

 

 

 

I was thinking I should ask for a jury trial too.  I was a little afraid it might tick the judge off.  I could just play dumb and ask about it during our pre-trial next week.  My guess is the JDB attny wouldn't like that much either - might push him to let it go.  I love to let some of my peers know how they operate.  Thanks for the feedback!

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Posted Today, 08:15 PM

I think if they alleged that this is his account then he should fill out the ftc identity theft form,make a police report,make an affidavit saying that's not his account.Answer all discovery with defendant is the victim of identity theft.The court or plaintiff should dismiss the case.

 

Hey Racecar - that is certainly an idea.  I think I already mentioned in the first pre-trial that the name on it is my daughter's so I think I had better avoid that approach.  Plus, they could get me on fraud, which with my luck is what would happen! I didn't know that a Pro Se defendant could go for the costs, but I certainly will.  What do they accept - I have a lot of miles to the courthouse and back and a few reams of paper.  I'm sure my time is not worth anything to them! 

 

And BTW, he is a she.  I wanted my CIC name to be Harry but it was already taken - Harry as in Harry's Law??  I am kind of a version of Kathy Bates - maybe a little older :complainer: and spoling for a FIGHT!

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When in court, when they bring up something that is not right. Make sure that you OBJECT to it and get it into the record in case of an appeal. So, use the word I OBJECT as often as you feel you need it.

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When in court, when they bring up something that is not right. Make sure that you OBJECT to it and get it into the record in case of an appeal. So, use the word I OBJECT as often as you feel you need it.

Thanks TomnTex.  That is a good reminder since I have never done this before - I even forgot to say Your Honor at the 1st pretrial - I just addressed her as "Judge."  I won't be able to think fast enough for a reason though - wonder how she would respond to "there is just something not right with that, Your Honor." I think I will study up on a few that are likely to apply.  Thanks again for the input. 

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Thanks to all of you forum gurus, I have some good news! My case was dismissed today! But, disappointingly, it was voluntarily dismissed without prejudice by the Plaintiff. I did ask to meet with a judge and did my best to convince him to change it to with prejudice, but to no avail. He pretty much implied that it was a matter of timing, that the plaintiff dismissed it before I did anything. I explained that I had filed a motion to dismiss with prejudice on 2/15, but it hadn't been heard because the clerk told me I didn't need to schedule a separate motion hearing, that it would take place at my (second) pre-trial which was today. He pretty much just shrugged.

 

I should have had some actual objections ready for this, but didn't. I did just talk to him though and tell him my concerns about them suing in the future and/or selling the debt again since the PL was not the first assignee. He asserted that it would be unlikely - they would have to pay to file again, blah, blah, blah. He clearly doesn't know, or want to know, this scam the JDBs have going. I also told him I still could NOT understand how they could walk into court and file a claim without my name anywhere and no docs AT ALL attached. He seemed at a loss.

 

On another other note - it was a different judge and he had not seen the case at all. It was also a different attorney and he had to ask me what the case was about! He had no docs, nothing, no clue. They had just called him from Miami and told him to dismiss. I pointed that out to the judge, but he mentioned that it was “only a pre-trial.” Guess they don't need any evidence for those! They couldn't even save me the trip to court!

 

I was going to start a new thread to get help with recourse to such voluntary dismissals, but a quick glance around looks like there is nothing to appeal on. The only glimmer of hope I had was the possibility of sanctions for abuse of judicial process or something. If anyone has any ideas I am open. I guess otherwise I just have to pack up a room full of files and wait for the next summons. (It even extends the SOL for one year or the existing SOL, whichever is LATER.)

 

I do realize that it could have been a lot worse, and is for lots of folks fighting this, and would have been worse for me without the help here. So thanks again all - and good luck to the rest of the JDB warriors,

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Thanks to all of you forum gurus, I have some good news! My case was dismissed today! But, disappointingly, it was voluntarily dismissed without prejudice by the Plaintiff. I did ask to meet with a judge and did my best to convince him to change it to with prejudice, but to no avail. He pretty much implied that it was a matter of timing, that the plaintiff dismissed it before I did anything. I explained that I had filed a motion to dismiss with prejudice on 2/15, but it hadn't been heard because the clerk told me I didn't need to schedule a separate motion hearing, that it would take place at my (second) pre-trial which was today. He pretty much just shrugged.

 

I should have had some actual objections ready for this, but didn't. I did just talk to him though and tell him my concerns about them suing in the future and/or selling the debt again since the PL was not the first assignee. He asserted that it would be unlikely - they would have to pay to file again, blah, blah, blah. He clearly doesn't know, or want to know, this scam the JDBs have going. I also told him I still could NOT understand how they could walk into court and file a claim without my name anywhere and no docs AT ALL attached. He seemed at a loss.

 

On another other note - it was a different judge and he had not seen the case at all. It was also a different attorney and he had to ask me what the case was about! He had no docs, nothing, no clue. They had just called him from Miami and told him to dismiss. I pointed that out to the judge, but he mentioned that it was “only a pre-trial.” Guess they don't need any evidence for those! They couldn't even save me the trip to court!

 

I was going to start a new thread to get help with recourse to such voluntary dismissals, but a quick glance around looks like there is nothing to appeal on. The only glimmer of hope I had was the possibility of sanctions for abuse of judicial process or something. If anyone has any ideas I am open. I guess otherwise I just have to pack up a room full of files and wait for the next summons. (It even extends the SOL for one year or the existing SOL, whichever is LATER.)

 

I do realize that it could have been a lot worse, and is for lots of folks fighting this, and would have been worse for me without the help here. So thanks again all - and good luck to the rest of the JDB warriors,

I believe you should get a lawyer and FDCPA violation sue them. They are screwed because the fdcpa safe harbor provision is only for 21 days.

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I believe you should get a lawyer and FDCPA violation sue them. They are screwed because the fdcpa safe harbor provision is only for 21 days.

 

We're going to have to be very careful with FDCPA claims.   The U.S. Supreme Court just ruled that the prevailing in a FDCPA case can be awarded court costs and attorney fees.  We'll have to make sure our claims are valid, proveable and supported.  Otherwise, we'll end up paying the debt collector's costs.

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I believe you should get a lawyer and FDCPA violation sue them. They are screwed because the fdcpa safe harbor provision is only for 21 days.

 

 

Safe harbor provision???  Off I go to research again.  I'd love to stick it to 'em.

 

We're going to have to be very careful with FDCPA claims. The U.S. Supreme Court just ruled that the prevailing in a FDCPA case can be awarded court costs and attorney fees. We'll have to make sure our claims are valid, proveable and supported. Otherwise, we'll end up paying the debt collector's costs.

 

But I did read where SCOTUS issued that ruling.  I mean REALLY, how much more protection do these guys need!  If the courts were on the up and up they would impose sanctions for the judicial abuse that is going on with hundreds of these cases a day that JDBs file and have absolutely no intention of litigating.  But then the courts are making big, fast money too now.  The day I was there last there were a couple of hundred cases which were disposed of in 2 hours or so because they were all no shows.  They got $62.000 in filing fees for those 2 hours.  Not a bad take.  Even if they only do that 3 days per week for a year that is $9,672,000,00/ year. (OMG that is the first time I calculated that.  Who would you risk pissing off - the JDB sugar daddy, or little ol' John Q. Public???) The entire system is a joke - and it is on us!

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I misspoke about the attorney's fees.  The SCOTUS didn't rule on that issue.  However, if a court determines that a consumer has filed a frivolous claim (bad faith), it's possible that attorney's fees could be awarded to the CA/JDB.

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Safe harbor provision???  Off I go to research again.  I'd love to stick it to 'em.

 

 

But I did read where SCOTUS issued that ruling.  I mean REALLY, how much more protection do these guys need!  If the courts were on the up and up they would impose sanctions for the judicial abuse that is going on with hundreds of these cases a day that JDBs file and have absolutely no intention of litigating.  But then the courts are making big, fast money too now.  The day I was there last there were a couple of hundred cases which were disposed of in 2 hours or so because they were all no shows.  They got $62.000 in filing fees for those 2 hours.  Not a bad take.  Even if they only do that 3 days per week for a year that is $9,672,000,00/ year. (OMG that is the first time I calculated that.  Who would you risk pissing off - the JDB sugar daddy, or little ol' John Q. Public???) The entire system is a joke - and it is on us!

 

Reminds me of Neo taking the red pill. Welcome to the Matrix.

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