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Interesting Surprise...


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At our first court appearance we immediately smacked the super friendly Asset Acceptance attorney with discovery requests. We received their answers (but no documents) two days before our next scheduled appearance. On the items they didn't object to they said they would "make them available for inspection and/or copying or as counsel may mutually agree." :roll:  At the courthouse we found out why...

 

Basically they have no case because the Plaintiff isn't, by admission of council, the owner of the debt!

 

Out in the hall, their attorney asked us to sign an agreement that allowed them to change the plaintiff's name to another company. He said there was a clerical error on the original filing and they simply need to correct it. I laughed at him and asked him why I'd make his life easy when he's admitting they screwed up! I also told him I could just counter-sue, get the case dropped and probably walk away with more than they are trying to get from me. LOL He was adamant when the judge heard the arguments he'd just side with him. Guess what...he didn't! He allowed his verbal motion and my verbal objection pending written filings and set a bench hearing 30 days out. Now I know that doesn't mean any decision has been made, but it gives me time to prepare. Which brings me to my questions:

 

In my written objection, what should I use and how should I phrase it?

 

For the hearing, how should I be prepared to argue my objection?

 

Would I have a case to counter-sue? FDCPA violation?

 

Shoot for mutual dismissal?

 

Any suggestions I've not come up with?

 

I'm also thinking I'll throw requests for interrogatories and admissions at them at the same time. Maybe if I make this really difficult on them they will just dismiss like all the others have.

 

You guys have helped a ton on my other cases. Thanks for everything and thanks in advance for the future! :-)

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He said there was a clerical error on the original filing 

 

 

I think you're wasting your own time and the court's. All the judge really did was ask to see the paperwork. (filings) This stuff is curable, and it certainly is not an FDCPA violation. I hate to agree with a JDB lawyer, but once in a while they get it right. This is a paperwork screwup and they'll be allowed to fix it.

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He said there was a clerical error on the original filing 

 

 

I think you're wasting your own time and the court's. All the judge really did was ask to see the paperwork. (filings) This stuff is curable, and it certainly is not an FDCPA violation. I hate to agree with a JDB lawyer, but once in a while they get it right. This is a paperwork screwup and they'll be allowed to fix it.

 

Fair enough Bruno, Rivertime's right. I'm totally okay with it if that's the way it works out. :)

 

I knew I was stretching it to mention FDCPA, but had to ask. ;)

 

Long story short, I understand where their real failing is. They never have their cats herded well enough to win. This one is for $7700, but it's the fifth JDB suit I've faced and EVERY ONE OF THEM have dropped the case before trial. The last one had conflicting dates on their affidavits and ownership transfer documents. It was against my wife and she wasn't comfortable fighting it herself, so she hired an attorney for the final stages. (It only cost us $120.) He threatened them with a FDCPA counter-suit or Mutual dismissal and they didn't even hesitate to drop it with prejudice.  

 

That said, I can't see not objecting to the motion, I'm just not sure how to do it properly. I'd be going into it expecting to loose, but you never know. Even with my limited experience, I've seen judges rip these guys apart for less. After all, THEY are the ones grid-locking the courts with these BS suits and most of the judges I've dealt with so far have made it pretty obvious they don't appreciate it.

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