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Motion to Compel Hearing Plaintiff no show.


dontwearmasks
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42 minutes ago, dontwearmasks said:

If anyone is wondering, I will update this at the conclusion. I'm dying to update this thread but it is naive to think PRA doesn't frequent these boards.

With as many lawsuits as are filed by PRA, I doubt they try to figure out the identity of individual posters.

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23 minutes ago, BV80 said:

With as many lawsuits as are filed by PRA, I doubt they try to figure out the identity of individual posters.

True, but what percentage of cases actually make it into Arb?

I would expect it is low enough that they can easily identify posters given the poster is giving accurate information such as location, amount sued, firm suing you, etc.

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Let’s be real here. 
 

At one point I got so paranoid over the idea of the opposing attorneys looking at stuff here I was overly afraid to post.  That was probably a mistake.  I did once have an opposing attorney ask in a deposition  if I had posted on their case.  In those days I only posted on debtorboards using a different user name.  To post on that case I created a new username and posted on CIC once with that username so I could tell the attorney I had posted on CIC about the case.  
 

That being said— there was a fellow trueq who used to post here. One time an opposing attorney spent thousands of dollars of client money to track down that trueq was their opponent in the case. During the deposition the attorney asked if trueq had posted the stuff. His reaction was along the lines of “yeah I did, so what?•.  
 

On Debtorboards there was the notorious Coltfan who posted unbelievably stupid stuff about his case, including sexist comments about the female opposing attorney.  The judge refused to make his stop, but he was sanctioned over $60k by the judge.  Ouch.  
 

The moral is not to say anything here you don’t want the opposing attorney to read.  Sometimes they do although usually they don’t.   If you have nothing to worry about you are safe to post here.  I usually recommend not including details that could reveal your identity. 
 

When I have settled a case I have usually had an NDA.  To avoid breaking the terms of an NDA I would just post that the case was settled.  Nothing more.  Saying a case has been settled doesn’t violate an NDA.  Saying the terms of a settlement does.  

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8 hours ago, dontwearmasks said:

True, but what percentage of cases actually make it into Arb?

I would expect it is low enough that they can easily identify posters given the poster is giving accurate information such as location, amount sued, firm suing you, etc.

If you are not comfortable providing certain information, that is fine.  I can agree that most credit card lawsuits don’t make it into arbitration.  Also, other unique circumstances would probably be best to not reveal.

However, absent very unique circumstances, I do not reside in the camp that believes that attorneys spend their time searching sites like this because I don’t believe the vast majority of attorneys representing credit card banks and JDBs care that much.  

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10 hours ago, BackFromTheDebt said:

On Debtorboards there was the notorious Coltfan who posted unbelievably stupid stuff about his case, including sexist comments about the female opposing attorney.  The judge refused to make his stop, but he was sanctioned over $60k by the judge.  Ouch.

Not quite.  ColtFan was admonished several times by the Judge over his behavior during the trial but the majority of his antics were before that especially during depositions.  The major problem was the long running thread bragging about his intention to be disruptive and disrespectful of the Federal Court process.  He was not sanctioned $60k.  He lost the case and the opposing party was awarded their attorney fees in that amount.  I believe at one point the Judge even stated in open court that she was going to give him a bit of latitude in his crass behavior because she didn't want him to have grounds for appeal.  

As for the sexist comments:  I believe all the things he said about his lawyer and her incompetence were staged.  The reason he disappeared from DB before it shut down is he was hired by her to help her firm pursue consumer FDCPA and FCRA claims against JDBs.  The main hiring requirement is that he get off the message boards and remain silent about their clients and cases.  How accurate this is I don't know but it wouldn't surprise me.

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17 minutes ago, dontwearmasks said:

Question: In their proof of service, it says they served me specifically, but it was a family member that was served. is this a FDCPA claim?

Possibly.  While process servers are usually exempt from the FDCPA because they are not the ones attempting to collect a,debt, they can be held liable under certain circumstances.  However, the process server is not a party to the lawsuit.  That could be a problem.  There are certain rules for adding a party.  So, short of adding him as a party, you’d need to find out if PRA could be held vicariously liable for a process server’s violation.

Read Aviva v. Patenaude & Felix, APC (Federal District Court, SD CA, 2021).  Go down to “2.  Whether Defendant Flynn is a debt collector.”

https://scholar.google.com/scholar_case?case=10595658421771398547&q=“1692a(6)(d)”+AND+“process+server”&hl=en&scisbd=2&as_sdt=4,321,322,323,324
 

Does this involve the lawsuit that is in arbitration?

 

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58 minutes ago, BV80 said:

Possibly.  While process servers are usually exempt from the FDCPA because they are not the ones attempting to collect a,debt, they can be held liable under certain circumstances.  However, the process server is not a party to the lawsuit.  That could be a problem.  There are certain rules for adding a party.  So, short of adding him as a party, you’d need to find out if PRA could be held vicariously liable for a process server’s violation.

Read Aviva v. Patenaude & Felix, APC (Federal District Court, SD CA, 2021).  Go down to “2.  Whether Defendant Flynn is a debt collector.”

https://scholar.google.com/scholar_case?case=10595658421771398547&q=“1692a(6)(d)”+AND+“process+server”&hl=en&scisbd=2&as_sdt=4,321,322,323,324
 

Does this involve the lawsuit that is in arbitration?

 

Yes, it is for this case that is in arbitration. If we dont settle and arbitrator is then selected, is this worth making a claim?

In the proof of service it says "a: by personal service... MY NAME, Who accepted service with direct delivery...."

However, I don't actually live at that address and it wasn't me who got served. They served a family member. I moved a couple times over time but kept my DMV address at that location.

 

EDIT: Also in their description "MY NAME, Who accepted service with direct delivery....description FEMALE."

I'm not female.

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1 hour ago, dontwearmasks said:

Yes, it is for this case that is in arbitration. If we dont settle and arbitrator is then selected, is this worth making a claim?

In the proof of service it says "a: by personal service... MY NAME, Who accepted service with direct delivery...."

However, I don't actually live at that address and it wasn't me who got served. They served a family member. I moved a couple times over time but kept my DMV address at that location.

 

EDIT: Also in their description "MY NAME, Who accepted service with direct delivery....description FEMALE."

I'm not female.

Since it’s in arbitration, it may be worth raising the claim.  

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I am at a point now it doesnt matter if PRA is looking. The reason I withheld updates until now is because PRA sued me for two different debts at the same time. 

In the 2nd case, the judge made a ruling to arbitrate with AAA, today. I will open a separate thread for that.

For this 1st case, I ran into so many issues with technical difficulties in filing and combined with the Courts being backed up, its been frustrating.

Right now, I have a JAMS case open for this Court case. The issue is that apparantly the Judge did not rule in my favor, ruled for the case to go into "Judicial Arbitration" as they believe the proof of service  of the moving papers was insufficient statutory notice. The Court scheduled arbitration hearing review, Rule 4 ADR, 6 months out from the ruling.

Not thoroughly reading the Court order, I initiated a JAMS written demand. When JAMS mailed out the notice for fees to be paid, the Plaintiff objected: Jurisdiction Objection. Their argument is that the Judge ruled for case to stay in court because of the proof of service notice issue.

My response is that the proof of service is valid.  I respond to JAMS: "I believe the issue is that it appears that not enough time has passed between the proof-of-service court filing of 02/08/21 and the Court hearing held on 03/04/21. However, my argument is that enough time has passed because the proof of service was signed/dated 01/15/21 and mailed that same day. The Superior Court experienced heavy delays due to the pandemic which resulted in the Courts processing only e-file submissions. Furthermore, e-file submissions were taking 3-4 weeks for the court to process."

JAMS heard both sides and made a decision to move forward with the case. Plaintiff again objects, i respond again. JAMS again decides to move forward and is now demanding filing fees, I paid the $250.

Now that JAMS ruled in my favor, what do I do with the Civil case? Do I file an opposition stating my arguments of proof of service issue and that JAMS made a decision in favor?

Thanks, I really need all the help I can get.
 

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