pampamk

In need of some direction, served, answered, received interrogatories

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Yes it is frustrating to wait.  In both my appeals the Justice  Court never sent over the transcripts.  This latest appeal in July the Superior court sent a second notice to them to send over the stuff.  They just did on guess when?? April Fools Day.  Then the commissioner has 60 days to make a decision.

 

Thanks for the update.  And best wishes as always   Pam

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Hello All!!! Sorry for the disappearing act. I fell very ill, almost dead ill. Anyway, unfortunately for PRA I did not die because I am not done with them yet. I have just been biding my time waiting for the appellate court decision, hopefully with what will be my "bomb." 

 

I as of yet have not heard anything... dang they should have to meet the same deadlines we do, imho.

 

I am sorry for not keeping you better updated. You can bet when I do receive something this will most likely be my first stop... whether it be in celebration or commiseration.  

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WE WON! WE WON! WE WON! I say "we" meaning all of you!

 

Hip Hip Hooray!!! Decision in.... and I quote, "On this record, the bar applies. The district court should have entered judgment for (MY NAME HERE). Reversed and remanded with directions to the district court to enter judgment for Defendant (MY NAME HERE) and to otherwise proceed in conformity with this decision."

 

I started not to remove my name but decided I should for now. There is a link to the unpublished opinion, should I post it?

 

I thank you all so much, if it weren't for the information, advice, help I received from this group I would not have won. Hell, I know I wouldn't have taken it all the way the the Appellate Courts!

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Good job and congratulations. Your hard work and determination paid off. This is definitely one that needs to be posted in the winners thread. The stress release from this will be good for your health.

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@pampamk

 

CONGRATULATIONS!   You did it!  We are all so happy for you!   ::celebrate:: 

 

I think that after all you've been through, you've found out you can be a tough cookie if the need arises.  :-D

 

The PRA attorney is probably scratching his head about this one.  Hopefully, he feels at least a bit demoralized at having been defeated in the Court of Appeals by a Pro Se.    

 

  ::band::  ♫ Another one bites the dust! ♫

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Now the fun begins... Being armed with this and the recent decision in the CFPB against the giants PRA and Midland, and a few others, I should have a strong case of my own against them and the little minion who took me to court on their behalf.  Hmmmm, I am in need of an attorney full of fire and ready to take them on, I will not be doing this myself, lol. I may have to contact the attorneys I spoke with in the beginning who declined my case... wonder if they might be interested now... tee hee

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I KNEW IT!  (well actually was perplexed why the lower court ruled the way they did) CONGRATS!  I am so happy for you.  hope one of those attorneys take your case, give em a taste of their own medicine! 

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@pampamk

 

 

Now the fun begins... Being armed with this and the recent decision in the CFPB against the giants PRA and Midland, and a few others, I should have a strong case of my own against them and the little minion who took me to court on their behalf.  Hmmmm, I am in need of an attorney full of fire and ready to take them on, I will not be doing this myself, lol. I may have to contact the attorneys I spoke with in the beginning who declined my case... wonder if they might be interested now... tee hee

 

Okey dokey.  What would be your claims?

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@pampamk

 

Great work!  You had a long thread; this case began nearly two years ago.  You persisted and won.  Litigation is an ordeal, mentally and physically, but you did it, and not just everyone could have done it, either.  

 

Do post a link to the ruling of the court.  It will help everyone here to learn.

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@pampamk

 

CONGRATULATIONS!   You did it!  We are all so happy for you!   ::celebrate::

 

I think that after all you've been through, you've found out you can be a tough cookie if the need arises.  :-D

 

The PRA attorney is probably scratching his head about this one.  Hopefully, he feels at least a bit demoralized at having been defeated in the Court of Appeals by a Pro Se.    

 

  ::band::  ♫ Another one bites the dust! ♫

 

 

You got that right.  It ain't easy to win against a law firm in the appeals court.  They do this for a living.

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@pampamk

 

 

 

Okey dokey.  What would be your claims?

I will have to pull my notes and see what all I had written down. I can't recall off the top of my head... I know filing in the wrong venue 3 times, filing past the SOL were the basic. If I remember correctly, at one time I had come up with at least 7 violations, and that was at the start of the case. Now that I know more about the laws, who knows what else will pop up. And lest we forget, KS has a much higher penalty per violation, $10,000 per actually...

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@pampamk

 

I don't know about KS state laws, but the SOL for FDCPA violations has expired, unfortunately.  It has 1-year SOL from the date of the violation.

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@pampamk

 

I don't know about KS state laws, but the SOL for FDCPA violations has expired, unfortunately.  It has 1-year SOL from the date of the violation.

 

I would think you are past the SOL for any lawsuits (but I don't know that as fact).

KS SOL is 3 years. The case was reinstated Aug of 2013, so I'm thinking we are good to go...

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@pampamk

 

Please speak to an attorney first.  In 2014, the KS federal court ruled that PRA did not violate the KS Consumer Protection Act because it's not a "supplier" as defined by the Act.  I don't know how a state court would rule, but I haven't been able to find any state court cases involving debt buyers and KCPA.  Here's the PRA ruling:

 

https://scholar.google.com/scholar_case?case=2239576633591969124&q=%22Bunce+v.+Portfolio+Recovery%22&hl=en&as_sdt=4,17,106,120,144

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I don't see any similarities in that case and the OP's. That case is about interest rates, and I doubt the OP will attempt to claim the JDB is a "supplier".

 

This is about filing a case that they dismissed, and not doing it timely as well as a few other issues having nothing to do with interest rates.

 

Talking to a consumer attorney isn't a bad idea however. Maybe they can rack up some attorney fees for your opponent.

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@Anon Amos

 

I didn't say there are similarities in the case.  The plaintiff in Bunce claimed that PRA violated the KS Consumer Protection Act, but the court disagreed because the section of the Act that describes unconscionable and deceptive acts applies to "suppliers".  The court said PRA did not fit that definition and, therefore they could not violate the Act.

 

From Bunce:

 

PRA, of course, is an independent assignee of the accounts, not an assignor. It was not the original supplier of the debt or transaction, which arose prior to its acquisition of the accounts. Nor is it a collection agency hired by the original creditor, while the debt "was owed by the consumer to the original supplier."

 

The plaintiffs argue that PRA's argument is "overly literal."  The court, however, is not free to disregard the clear text of a statute simply whether or not it agrees with the result. PRA is not a "supplier" of credit services within the meaning of the statute.

 

 

I pointed out that it's a federal case, and so far, there doesn't appear to be any published state court cases regarding the issue.  That is why I suggested that she speak to an attorney (preferably several attorneys).  A KS consumer attorney would know if the Act applies to debt buyers and if there is any state court precedent on the issue.

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If the act "provides a solution to the weakness and limitations of the FDCPA " I just assumed it would apply to debt buyers.

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I definitely intend to speak with some attorneys. I am in no way, shape, or form attempting this on my own. I actually emailed one this morning asking his opinion as to whether I had a case or not (haven' received a reply as of yet). I will have to go back through all of my papers and refresh my brain... yikes! i do recall reading that about PRA not meeting the criteria, but I think I came across something countering that as well. I plan to also look into malicious prosecution... 

 

This was such a joy to read: http://www.kansascity.com/news/local/article21073359.html

 

I haven't delved into the depths yet but this case makes me think I would have a year from the court of appeals ruling to file for malicious prosecution: http://www.kscourts.org/Cases-and-Opinions/opinions/ctapp/1997/19971010/77418.htm

 

It will most likely be the weekend before I am able to sit down and go through everything, and make some decisions at that time.

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