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I received an email this afternoon from Coltfan regarding opposing counsels motion for civility and motion to dismiss. For those of you who don't know, opposing counsel did not take well to many of his posts on this site. I am posting pertinent quotes from the judges ruling. 

 

 

"Before the Court is a motion of defendant to dismiss and for an order of civility. Plaintiff has responded in opposition to defendant’s motion, defendant has filed a reply to plaintiff’s response, and plaintiff has filed a sur-reply to defendant’s reply. Having considered the matter, the Court denies defendant’s motion to dismiss and for an order of civility."
 
"The Court will not dismiss this action based on plaintiff’s posts and will not prohibit plaintiff from commenting on this action
given the existence of valid First Amendment concerns."

 

 

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I received the same email, but his case is not over...

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I received the same email, but his case is not over...

 

I agree admin. Posts are 100% discoverable (which I imagine he will offset those by charming the jury with his personality). He will win due to the strict liability nature of the FDCPA. What the jury will award him is up for question. 

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Being on the wrong side of a strict liability statutory violation and putting that violation in front of a jury is near the bottom of the list of things I would like to experience. I would likely try to settle as I prefer to pick battles I can win.

 

I suppose that my willingness to only engage in battles I can likely win might be considered the "disadvantage" of not being paid to argue (win or lose) but only being "paid" (rewarded) by winning.

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@gwheelock915

 

 

Since you seem to have an inside track with Coltfan, please keep us updated if you wouldn't mind.

I sure miss his wit, wisdom and the wonder of his audacity.

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1. Jury trial with 'credit' company that violated ANYTHING against 'consumer.'

2. NE Arkansas -- jury pool not warm to any company with the word 'credit' in it.

3. Said jury seeing 'post' evidence will absolutely HURT 'credit' company imo.

4. Windfall for Coltfan, period. 

 

Credit company in it to try to 'save face' against a pro se, period.  Federal judge in that court -- humored and loves the unique distraction of licensed attnys (yes, plural) being rolled by a vocal pro se.

 

I'm from the area, and fully expect a jury of his peers to award him whatever max $ available -- unless judge whittles it down.

 

Congrats Coltfan.

 

 

'Credit' company DISMISSAL -- NO ::BigGun::      'credit' company --  :<img src=:'>

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I must have missed something- why isn't coltfan speaking for himself?

 

He is banned... again. Haha.  Hopefully he returns again.

 

Btw, where the hell is the video? Was that ever done and does someone have a link?

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I'm from the area, and fully expect a jury of his peers to award him whatever max $ available -- unless judge whittles it down.

 

You should go to the hearings and report back to us on how much Coltfan abuses them.  ::devillaugh::

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You should go to the hearings and report back to us on how much Coltfan abuses them.  ::devillaugh::

 

I would love it -- and may do so!  Will let you know.

 

J

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Last I heard, last week he had just received the video and was getting it ready to post. Guess it won't be long now. He just reported it won't be long now. Also, on a side note, the woman attorney that he hired to monitor his depo when it was filmed has now hired him to work in her law office!

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Work in her law office doing what.......?

 

I knew he would bring in his first amendment rights......they cannot stop us from posting on these forums,,,,we just have to be careful what we say....to many sue happy people out there/

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The judge in his case is Susan Webber Wright. She was the presiding judge in "William Jefferson Clinton v Paula Corbin Jones". She also serves as a Judge on The United States Foreign Intelligence Surveillance Court. She has a lot of experience, although I doubt she's ever met anyone like Coltfan!

 

 

I ran across this article when I saw her name on his case. I thought the story about when she was a student of Bill Clinton was funny.

 

http://www.washingtonpost.com/wp-srv/politics/special/clinton/stories/wright020998.htm

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Work in her law office doing what.......?

 

I knew he would bring in his first amendment rights......they cannot stop us from posting on these forums,,,,we just have to be careful what we say....to many sue happy people out there/

 

Gunny, I think he is helping her with FDCPA lawsuits and more. She hired him right after she sat in on the depo for him. Funny, now he works in a law office.

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Work in her law office doing what.......?

 

I knew he would bring in his first amendment rights......they cannot stop us from posting on these forums,,,,we just have to be careful what we say....to many sue happy people out there/

courts to clogged with collections cases for anyone else to sue.

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He is banned... again. Haha.  Hopefully he returns again.

 

Btw, where the hell is the video? Was that ever done and does someone have a link?

 

The video is still in the works. He was waiting on the judges decision first. Stay tuned.

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Hmm, I saw in this thread that he is not banned-

http://www.creditinfocenter.com/community/topic/319870-a-thank-you/

 

That was back in April. He was warned and apparently didn't heed the warning. While I agree Coltfan is a great resource and what drew me to this site in the first place, he does sometimes tend to depict court as a circus and it is sometimes misleading to new posters. His style definitely works for him and I personally LOVE his style but I think we all have to be very careful to make sure our advice helps not only the people asking for it, but everybody who reads these posts. What may work for one, doesn't always work for another. The gun slinging style of Coltfan is awe inspiring but not always practical. I do wish him all the best and thank him for all the help he has given me and others.

 

Miss you, buddy!

 

::BigGun::

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That was back in April. He was warned and apparently didn't heed the warning. While I agree Coltfan is a great resource and what drew me to this site in the first place, he does sometimes tend to depict court as a circus and it is sometimes misleading to new posters. His style definitely works for him and I personally LOVE his style but I think we all have to be very careful to make sure our advice helps not only the people asking for it, but everybody who reads these posts. What may work for one, doesn't always work for another. The gun slinging style of Coltfan is awe inspiring but not always practical. I do wish him all the best and thank him for all the help he has given me and others.

 

Miss you, buddy!

 

::BigGun::

 

I agree Flyerfan, but it is the wildly varying posts, aside from Coltfan's that are the great equalizer, imo.  Readers/posters get ALL sides of the information on the forum.  Now the "in your face, stir the pot when you're right" element is gone -- good, bad, or indifferent.  And to whomever mentioned 'freedom of speech' -- that phrase and its definition are controlled (and rightly so), by the 'owner(s)' of this website.  Remember, it's dot COM for a reason.

 

Best to all,

-J

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