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How to recite case law in court?

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I hate to beat a dead horse here, but my case is at an absolute stand still. I don't know how to proceed from here, and I feel like this case is losing priority with other things going on in my life (when it shouldn't be).

 

The JDB attorney responded to my discovery late, and I'm still thinking of filing MSJ, but I can't help but to shake certain feelings.

1. What if I get denied?

2. What if I get denied and the JDB attorney tightens up and won't be as willing to discuss a favorable settlement?

3. What if I act too early considering the court has granted me until May to file a dispositive motion. Should I lay-low and save up money in the mean time just in case?

 

The whole situation is just weird. The JDB attorney came on fast early in the process, lots of paperwork, some communication. Now it just seems like we're waiting around to see who blinks first. Our next item on the docket is a pre-trial conference early in April. Seems like a long time to just sit around.

 

Frankly, I'm not overly intimated by any of the evidence the JDB / attorney has submitted. They did provide a heavily redacted spreadsheet with my personal information on it which was their proof that my "account" was part of the Bill of Sale, but that spreadsheet is very generic. No letterhead, no signature of anyone on there, no affidavit. I could have made the same paper myself with Microsoft Word.

 

 

I just don't know what the heck to do, and when I should do it. I can't lose focus of this case, but at the same time, if the JDB attorney was so sure about things how come they haven't tried to initiate anything either. Is it favorable for me to allow some time to pass? Is there any positive strategy with this other than the JDB / attorney getting involved in newer cases...?

 

Thanks for the support guys. I need a little pick-me-up with this whole thing.

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From my own experience, Asset's attorney's did next to nothing for the entire 7 months the case was active. They filed the complaint, I actually never got served. Showed up to court to get the complaint from them. Filed my answer. Saw them at pre-trial. Sent them discovery, they answered but lazily and late. They sent no discovery. I filed a MSJ, they didn't oppose or show to the hearing date. The legal process  generally moves pretty slowly. And of course they're waiting for you to blink, they want you to settle. Taking a case to trial costs them money. They paid pennies on the dollar for your account and will only invest so much to fight. When it becomes unprofitable or too risky, they cut and run.

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I was sued in March of 2011 by a local JDB, with a branch of a national debt collection attorney group.

 

I won dismissal in April of 2012. In the interim, I filed a Motion to Compel Arb, initiated with JAMS, paid a small fee (the contract with USB stated that the creditor WOULD pay consumer fees if requested.) 

 

The national attorney group threw every brand new attorney in their office at me, it appears: I had filings from 6 different attorneys over the 13 months. The second to the last had the foolish audacity to try to file an affidavit in the case, as though she were a witness for the plaintiff. Citing RCP, I got that gone.

 

In the end, we never went to JAMS. The case was dismissed w/o prejudice, but the JDB stopped reporting, anyway, and my credit score jumped 40 points at all the CRAs that month.

 

My point is this: assume that they will cheat and lie in order to intimidate you. If you don't have the stomach for court, then, if there's a next time, file an MTC Arb w/JAMS. It's spendy for them. VERY spendy.

 

You have, you believe, SOL on your side. REALLY work on that. File a Motion to Dismiss because the suit is time-barred, and gather every piece of evidence and case law you can find, to bolster that. The bottom line is that, if you want this done and behind you, then YOU have to be aggressive, and not take their games personally; they are trained to intimidate consumers. Don't let them.

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I hate to beat a dead horse here, but my case is at an absolute stand still. I don't know how to proceed from here, and I feel like this case is losing priority with other things going on in my life (when it shouldn't be).

 

The JDB attorney responded to my discovery late, and I'm still thinking of filing MSJ, but I can't help but to shake certain feelings.

1. What if I get denied?

Then your case would just continue to trial

2. What if I get denied and the JDB attorney tightens up and won't be as willing to discuss a favorable settlement?

Then you would probably be better off because it would force you to fight the case where you have a good chance of getting them to dismiss or beating them at trial.

3. What if I act too early considering the court has granted me until May to file a dispositive motion. Should I lay-low and save up money in the mean time just in case?

I would use the time to your advantage and learn the rules of evidence and file MIL's against their evidence before trial. I personally would not file the MSJ and invest that time into fighting the evidence. 

The whole situation is just weird. The JDB attorney came on fast early in the process, lots of paperwork, some communication. Now it just seems like we're waiting around to see who blinks first. Our next item on the docket is a pre-trial conference early in April. Seems like a long time to just sit around.

It's actually vey typical. You don't just have to sit around, you can be learning. Sit around in a court and watch live cases or in a law library if you can

Frankly, I'm not overly intimated by any of the evidence the JDB / attorney has submitted. They did provide a heavily redacted spreadsheet with my personal information on it which was their proof that my "account" was part of the Bill of Sale, but that spreadsheet is very generic. No letterhead, no signature of anyone on there, no affidavit. I could have made the same paper myself with Microsoft Word.

 

 

I just don't know what the heck to do, and when I should do it. I can't lose focus of this case, but at the same time, if the JDB attorney was so sure about things how come they haven't tried to initiate anything either. Is it favorable for me to allow some time to pass? Is there any positive strategy with this other than the JDB / attorney getting involved in newer cases...?

Timing is always very important. I wouldn't rush it, use it to your advantage. You are collecting all the evidence, learning how to attack it, and you have to draft MIL's to attack it. You  need to know your rules on motions etc. There is  a lot of preparation you can be doing.

They use timing against you as well, to wear you down. They want you to feel anxiety and hopelessness and develop a sense that you just want it over with so that you will settle. 

Thanks for the support guys. I need a little pick-me-up with this whole thing.

Never give up. Most people win their case. There has been several recent dismissals here lately.

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