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If you have any problems with the registration process or your account login, please contact us. | Advanced Credit Repair - Dealing with Collection Agencies Discuss Case Dismissed in the CREDIT AND LEGAL ISSUES forums; ... 
12-03-2007, 05:11 PM
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#101 | | New Member
Join Date: Sep 2006
Posts: 7
Casino Cash: $302750
| My Bad
Last edited by tonybologna; 12-03-2007 at 05:14 PM..
Reason: OOPS
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12-07-2007, 02:36 PM
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#102 | | Member
Join Date: Oct 2006
Posts: 100
Casino Cash: $306000
| I have not heard back from atty's.
Talking with the receptionist, their records indicate the interrogs were received and they are marked for review.
After numerous calls to them, they have not replied. They say someone will call back, but they never do.
The court date is near the end of the month. I need to prepare mentally and procedurally.
Should I try to compel an answer to interrogs, or just go to court and explain they have not answered?
I have a paper trail going back to the initial dunning letter sent. I have answered them timely and they have done nothing in return. Well, they did sewer serve me and try to get a default.
When I talked to the Pro Se clerk and showed her the case file, she told me their filing was geared toward a default, and it contained the bare minimum.
Any suggestions? For preparing for the big day?
I am starting to wonder if they will even show for the trial. | |
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12-07-2007, 02:39 PM
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#103 | | Administrator
Join Date: May 2006 Location: Okinawa
Posts: 6,995
Casino Cash: $2738800
| Without me going back thru this entire thread, what does the scheduling conference order say to do in case of dispute? If it is not in the scheduling order, what do the local rules say?
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"Be surprised at what people won't do and not at what they do." | |
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12-07-2007, 03:17 PM
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#104 | | Member
Join Date: Oct 2006
Posts: 100
Casino Cash: $306000
| Quote:
Originally Posted by roybean  Without me going back thru this entire thread, what does the scheduling conference order say to do in case of dispute? If it is not in the scheduling order, what do the local rules say? | Roy,
Not sure what you mean. Could you elaborate on your question.
Let me give you a briefing: - I was sent a dunn by a CA
- I timely dv'd cmrrr
- they didn't forward copy from OC
- Months later I found out there was a case filed against me
- Plaintiff is OC - the atty representing OC is also the collector
- The court helped me file a late answer
- The only piece of evidence submitted in the complaint is
an affidavit of facts notarized in Georgia. - No statements are included
- The action is an account stated claim
- There was a pretrial conf to see if it would go forward
- I denied everything and demanded proof of claim
- A court date was set
- I sent interrogs and they haven't responded
- They have sent nothing to me in the way of discovery
- Court date is soon.
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12-09-2007, 11:37 PM
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#105 | | Member
Join Date: Oct 2006
Posts: 100
Casino Cash: $306000
| Quote:
Originally Posted by IC Anonymous Roy,
Not sure what you mean. Could you elaborate on your question.
Let me give you a briefing: - I was sent a dunn by a CA
- I timely dv'd cmrrr
- they didn't forward copy from OC
- Months later I found out there was a case filed against me
- Plaintiff is OC - the atty representing OC is also the collector
- The court helped me file a late answer
- The only piece of evidence submitted in the complaint is
an affidavit of facts notarized in Georgia. - No statements are included
- The action is an account stated claim
- There was a pretrial conf to see if it would go forward
- I denied everything and demanded proof of claim
- A court date was set
- I sent interrogs and they haven't responded
- They have sent nothing to me in the way of discovery
- Court date is soon.
| bump | |
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12-19-2007, 10:38 AM
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#106 | | Member
Join Date: Oct 2006
Posts: 100
Casino Cash: $306000
| Now They Say They Never Received Interrogs!
Quote:
Originally Posted by Enigma Have you called opposing counsel to find when and or if their response will be forthcoming?
In general before filing a MTP or MTC, you have to make a reasonable effort to contact opposing counsel. | Interesting development.
I called about five times total, because I was repeatedly told I would be called back and never was.
The last time I called I was told they don't have any record of receiving the interrogs! 
I told them that was odd since the previous person I talked to told me they were received and marked for review. And I have the signature of the receptionist from the delivery and further confirmation of receipt. They tried to change the topic and avoid answering my questions.
This can only make my case stronger, just not sure how to apply this.
Going in real soon.
Help! | |
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12-19-2007, 03:48 PM
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#107 | | Elite Member
Join Date: Jul 2006 Location: In the land of reality
Posts: 839
Casino Cash: $358240
| good luck bro
__________________
About Drivel:
Occupation: De facto mod, slayer of Yahoo posts
Location: The land of reality
Interests: Watching television, movies and Roybean litigate | |
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12-19-2007, 05:28 PM
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#108 | | Member
Join Date: Oct 2006
Posts: 100
Casino Cash: $306000
| Quote:
Originally Posted by drivel good luck bro | Can't someone other than Dr Evil respond?  | |
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12-19-2007, 08:05 PM
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#109 | | Administrator
Join Date: May 2006
Posts: 2,294
Casino Cash: $962950
| Quote:
Originally Posted by IC Anonymous Interesting development.
I called about five times total, because I was repeatedly told I would be called back and never was.
The last time I called I was told they don't have any record of receiving the interrogs!
I told them that was odd since the previous person I talked to told me they were received and marked for review. And I have the signature of the receptionist from the delivery and further confirmation of receipt. They tried to change the topic and avoid answering my questions.
This can only make my case stronger, just not sure how to apply this.
Going in real soon.
Help! | Draft a Motion to Compel citing what you wrote here.
__________________
It is better to keep your mouth shut and appear stupid than to open it and remove all doubt. - Mark Twain
The information and materials in this document are provided for general information purposes only and are not intended to constitute legal, accounting or tax advice or opinions on any specific matters. Laws and regulations change frequently and their application can vary widely based upon the specific facts and circumstances involved. You are responsible for the applicability and accuracy of Information as it relates to your specific situation. | |
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12-20-2007, 05:03 PM
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#110 | | Member
Join Date: Oct 2006
Posts: 100
Casino Cash: $306000
|  DISMISSED
DISMISSED.
Without prejudice - although I did make an attempt for it. That means I'll need to check with the court on occasion over the next year to make sure they don't try to reopen and get a default.
I have the certified judgment and will be sending to CRAs soon.
Thanks for the help - especially Hanna. I'll be in the panhandle for Christmas near Morgantown visiting family. Go Mountaineers!
I can't say I learned all I needed to know, but I did learn enough to have confidence in my standing. The fact is OC couldn't substantiate their claim and that has been the case since I sent their collection atty a DV two years ago.
In other news.........I can't believe it's been two years!  | |
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12-20-2007, 10:52 PM
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#111 | | Administrator
Join Date: May 2006
Posts: 2,294
Casino Cash: $962950
| Congratulations!
__________________
It is better to keep your mouth shut and appear stupid than to open it and remove all doubt. - Mark Twain
The information and materials in this document are provided for general information purposes only and are not intended to constitute legal, accounting or tax advice or opinions on any specific matters. Laws and regulations change frequently and their application can vary widely based upon the specific facts and circumstances involved. You are responsible for the applicability and accuracy of Information as it relates to your specific situation. | |
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12-21-2007, 02:12 AM
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#112 | | Administrator
Join Date: Nov 2004 Location: Greater DC area
Posts: 7,300
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| Good job. You've learned a lot, so you'll be better prepared if they do file again.
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The answer is 42!! | |
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12-21-2007, 12:06 PM
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#113 | | Elite Member
Join Date: Sep 2006
Posts: 498
Casino Cash: $389745
| This result was pretty unexpected.
__________________
I represent intellectual violence. | |
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12-21-2007, 02:30 PM
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#114 | | Member
Join Date: Oct 2006
Posts: 100
Casino Cash: $306000
| Quote:
Originally Posted by VexatiousLitigant This result was pretty unexpected. | How so? | |
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12-21-2007, 03:52 PM
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#115 | | Elite Member
Join Date: Sep 2006
Posts: 498
Casino Cash: $389745
| Quote:
Originally Posted by IC Anonymous How so? | Seriously?
__________________
I represent intellectual violence. | |
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12-21-2007, 09:59 PM
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#116 | | New Member
Join Date: Sep 2006
Posts: 7
Casino Cash: $302750
| Quote:
Originally Posted by VexatiousLitigant Seriously? | Yes. Please break it on down for our ever-so-lucky lotto winner!
Last edited by tonybologna; 12-21-2007 at 10:01 PM..
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01-10-2008, 01:55 PM
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#117 | | Member
Join Date: Oct 2006
Posts: 100
Casino Cash: $306000
| TU didn't remove TL after receiving Certified Judgement
How do I proceed with TU, since they refused to remove the TL?
Their reason was simply "documents received were unsatisfactory". No mention of what makes a certified judgment "unsatisfactory".  | |
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01-10-2008, 02:07 PM
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#118 | | HONORED GUEST
Join Date: Jul 2006 Location: Austin-area
Posts: 2,691
Casino Cash: $332200
| Quote:
Originally Posted by IC Anonymous How do I proceed with TU, since they refused to remove the TL?
Their reason was simply "documents received were unsatisfactory". No mention of what makes a certified judgment "unsatisfactory". | Dismissal of a suit does not automatically invalidate any underlying tradelines. Only if there was injunctive relief ordered by the Court would there be an obligation for TU to take action to delete a tradeline.
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I am not *your* attorney and you are not *my* client. Nothing in this post shall be construed as establishing an attorney-client relationship.
Would you rather us tell you what WILL happen or would you rather have rah-rah bull-droppings from someplace else? | |
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01-10-2008, 03:22 PM
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#119 | | New Member
Join Date: Sep 2006
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| Nice try anon.  | |
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