Hi guys, Well a little while back I posted that it looked like things were going well with Cross Country Bank with them wanting to settle my suit out of court. I asked them for $1000.00 to settle. To make a long story short they wanted to settle for $250.00 and I laughed at them. They said they would see me in court on the 30th then, I said Yes, you will! Got a call from the Court today saying CCB contacted them to let them know they will definetly be there tomorrow to defend. When I got the rep's name from the court I found out they are sending the Paralegal. Well this is good because in PA, court rules are mandated that it must be an attorney or officer of the company that can defend them. He is neither! I will bring this up first thing if the judge doesn't already know. What this means is that I will tell my side of the story and he can't, he cannot ask me questions or present his defense. can however ask him questions. If he objects then it will be continued, which is fine by me since this is more aggravation to them and money out of their pockets. I have them on solid FCRA and PA State Consumer Credit violations, mainly not communicating the debt is in dispute even until this very day and my notice to them that they were required to do that in not one but 8 letters!! Talk about willful misconduct!! Also for reporting inaccurate information which I have proof of. When I am through they are gonna wish they took me up on my offer to settle! I'll update everyone tomorrow night on how it went! I am so excited about court I can barely sleep, I can't wait to nail these bastards! Tac
They are sending a paralegal? That's a riot. What do they think they will win with that? Oh, excuse me, I assumed that they are actually capable of thinking and reasoning, sorry! lol Isn't it illegal for a paralegal to represent someone? Aren't they supposed to work exclusively under the supervision of an attorney when on a case and stick to filling out court documents? There was a paralegal in FL who got hit with unlicensed practice of law charge by the Florida Bar because he was actively handling client's cases, negotiating and representing them in court. Please, do update us on the outcome of the hearing. PawMix
Break out in tears in the middle of court. Go for emotional distress. Tell them you are having a hard time sleeping because of the slander to your good name and the defamation of your character. bang your head continuously on the table and every 30 seconds let out an ear piercing wail.
If they ask for a continuance, I would fight it. After all, they had their chance to send the right people but they didn't. If they didn't know the rules, too bad. They were properly notified. Why should you and your employer be inconvenienced, and have to take another day off? Are you using a vacation or sick day? Are you having to take the day off without pay? How does your boss feel about you having to take off more time just because CCB doesn't have their act together? Are you in the middle of a hot project that could be jeopardized with you taking time off? They are wasting your's and the court's time. Give the judge every excuse in the book to deny their motion and to rule in your favor. Good luck. Nail them to the wall.
I have court in less then about an hour now, at 2:30pm. I used a vacation day from work, I am a police officer. Needless to say I am not afraid of a court setting and I actually know the judge presiding over this case. Should be interesting. Good idea about the continuance thing, I might bring that argument up if the judge is open to it. Thanks all, I'll update in a few.... Tac
LOL, a cop? They probably think you don't know your way around a courtroom, hahaha!! Go get 'em. I wouldn't make any concessions I didn't have to, unless the judge gets irritated about it. Don't want to irritate the judge.
Re: Court with Cross Country Tommor Should show up in your police uniform, for extra psychological advantages. Everyone gets nervous around cops. GO GET EM!
Re: Re: Court with Cross Country Tommor Well, it went terrible...I lost, the judge must have been having a bad day...ala Judge Judy, He was more concerned with the debt then how they were reporting it and their illegal violations. In fact he didn't even look at the actual laws or want to look at any I had. He wasn't even concerned with my arguing the law. I think he wanted to instill his moral values into this more then he wanted to rule as a matter or law. They (CCB) really had no documentation except for my letters....Nothing! The judge when told about the notice of dispute, stated here it is......."It says it right here that you can add your statement!" I said I didn't want to add a statement and that CCB was required by law to do it. The judge said since it isn't on my reports now, then why am I taking them to court? He also said look at all this other derogatory information, meaning my old credit reports. I said as you can see from my current reports that information was incorrect at the time and it subsequently got removed. He then said....I see you dispute alot of things!! I said "Yes, if it's inaccurate I dispute it, it effects my life." He said he wasn't concerned with my credit now, but back then. You would think the judge was some kind of loan officer! Again, this judge didn't even look at the law and he went ahead and ruled before I could even ask their attorney any questions. He said he had heard enough from me and he had enough for him to rule. BTW, the paralegal and attorney showed up. They didn't say much and I wouldn't think of hiring them to represent me. I told CCB's attorney and in front of the judge that I would be appealing his ruling to a real court room that bases their ruling' on the law and not moral opinions. I could see that sparked the judge when he heard me say this. BTW, this is the first and last time for a civil matter in front of this useless judge! I'm down but not out! Tac
Re: Re: Court with Cross Country Tommor Sorry to hear that. It obvious that the judge didn't care what the law was, just what he believed was right. Someone mentioned going to court in your police uniform, I second that. Don't let them win.
Re: Re: Court with Cross Country Tommor Oh how disheartening! Well it ain't over til the fat lady sings! Hope you do appeal Tac! Are they allowed to show your entire credit report at trial? Is there a way to object to this? Tuit
Re: Re: Court with Cross Country Tommor courts want to rule in the side of business people - its "easier" that way and then at the country club they get free passes when i had a court issue a couple of yrs ago, the judge could care less what i had to say - in fact he had already written the judgement before i even testified!
