Re: Deposition Discovery in Small C If I understand correctly, they called you and asked for a continuance. You said no. After you declined their request, THEN they asked for discovery. I think I would bring that distinction up before the judge. If they had told you that they needed a continuance to do discovery, thats one thing. If they are telling you they want discovery because you won't give them a continuance, thats another thing entirely. You have a strong position in that you are ready and they aren't. If indeed they have had 6 months to prepare and are only now asking for discovery so close to the trial date, the judge will indeed recognize the discovery request for what it is... an intimidation tactic. One other thing.. are the attorneys you're dealing with registered with the bar in your state? If not, let it go to court and ask for a default judgement. Since the attorney (if he/she isn't registered with the bar) may not be able to represent the bank (or the actual person you are suing) , and therefore would be a party with no interest in the case, technically there would be no one with standing in the case present at the time of trial. Judge: Mr. Attorney, are you registered with the bar in this state? Mr. Attorney: No judge, I'm not, but I'm here to represent Big Bank in this proceeding. Judge: I don't see your name on any of the documants naming you as a party in interest in this case. You aren't being personally sued here, and you can't represent third-partys in legal proceedings without being registered with the bar. Please take a seat in the gallery with the rest of the spectators. Plaintiff: Judge, I move for a default judgement being that the Defendant did not attend this proceeding, indicating the defendant has tacitly agreed with my claims in this matter. Judge: Is the Defendant here? Mr. Attorney: Your Honor, if I may.... Judge: Sit down Mr. Attorney, you have no standing in this case. Judge: Seeing that the Defendant did not choose to attend this hearing, I find for the Plaintiff.
Re: Deposition Discovery in Small C Thanks Mommy2Cats, For the "keyboard" confirmation LOL, I thought perhaps I'd missed something or misread. I did go back last night and double-check. I thought perhaps you didn't have all documents up or or that I had missed something. I think you are good on the attorney's fees, your whole case is solid, as is Lisas. You know what we need? A pissed off judge that says how dare you big bad strutting attorney try to make a scape-goat out of consumers who have obviously tried everything BUT court to have you and your companies follow practical, common-sense, good business and accounting practices and then slap them with sanctions for doing everything BUT their jobs. I'm still believing in the Judges and the system. Give the judges a chance to rule and see that justice is done. These attorneys have to put their socks on each morning just like you and I; they're supposed to flush too, I do wonder if they wipe though? ;-) This intimidation and hard-ball playing with the procedures and hiding behind stacks of paper isn't what it is all about and I can't wait for a Judge to tell them so! Sassy
Re: Deposition Discovery in Small C Sassy, I think Holly must be referring to the student loan case. On creditcourt, click on her Cap 1 and then, click on Cap 1 communications they've posted faxes from Holly and Christine and the lawyer settling on legal fees. But, this is dated late Sept. so I'm sure things could have changed.
Re: Deposition Discovery in Small C Nodding keepmine, Thanks! She's not settled or paid yet though. Mommy2Cats that posted above IS Holly, lol. Her hearing is tomorrow on jurisdiction and the motion for sanctions. I can't WAIT to read!!!!! Let's cross our fingers and pray for her and that justice will be served, starting tomorrow! Sassy
Re: Deposition Discovery in Small C Thank you so much!! Yes, I was referring to the Student Loan case - they are the ones that filed for sanctions against me for "harrassing" them. Geesh, I really am harrassing them when they've had this on my credit report for what.... 13 years? As for Cap One - they want to "settle" with me - which means they want me to pay attorneys fees to "settle" when THEY are the ones who did all the violations. I plan to try and get an attorney for that one. My hearing is at 9:30 a.m. - Pacific time (Arizona doesn't change the clocks - so we technically become Pacific time until DST is over...) As soon as I know what happens - I'll post the results. I hope the Judge is fair - because if he's fair - I'll win. Mommy2cats
Re: Deposition Discovery in Small C I got the notice of the hearing in the mail today. The atty had it hand-couriered so they could make the approaching deadline. That must have cost a pretty penny. They cite as their reason for requesting the continuance "not a matter of preparation time, but rather, invaluable to our pursuit of justice in this case." They TOLD ME BLATANTLY on the phone that they had not had time to prepare and that they just realized the trial was a week away. I said "no" to the continuance, they said "fine, then you can be here this afternoon for a deposition." I must say that I am intimidated, but the thing I fear most is repayment of atty fees. I can not for the life of me see why they are doing this. It would cost them nothing to delete (which I have maintained I would settle for this entire time) but they insist on going down this path. What is their payoff? If it is to try to reclaim atty fees from me, that puts a scare into me because I think they are wracking up thousands by now. I like the idea very much of deposing a whole chain of people at the bank. THat will surely aggravate them. They can only depose little ol me!
Re: Deposition Discovery in Small C Don't let them intimidate you - that's exactly what they are trying to do! Is this still small claims or did they move to Civil court? You need to check whether or not they CAN have a laywer - if not - they can't do this anyway..... Mommy2cats
Re: Deposition Discovery in Small C Yes, they can do everything they are doing. They can have an atty. They can request depositions and limited discovery. They did not bump this up to civil court, and that remains a mystery in my mind. Why would you go to this much trouble AND EXPENSE in small claims court? Why would you go to any expense at all, when you can DELETE the item and walk away?
Re: Deposition Discovery in Small C My opinion - they do not want consumers taking them to court. They want to intimidate and scare you away from the idea that you can do this yourself. There's no "good ole boy" dealing, everybody getting their share of the $$, go on their merry way, when consumers can take them to court easily and win. Stop and think - for years, these companies have abused consumers and their credit reports - now that more information is out in the open, and "ordinary" consumers are fighting them on their own turf, the whole game is changing. They have to try to stop us.
Re: Deposition Discovery in Small C Breeze, I know you have been here before. I have not. This is virgin territory to me. What I am getting is this: 1. Attempt to persuade the judge to not accept discovery/depositions. Cite references for quick trials, small court rationale, etc. The atty told me 6 days prior to trial that "we absolutely are not prepared to try this case. We didn't even know it was being heard next week." 2. If it is allowed, bury them in discovery, depose leaders in DE. Do you have any idea what they could depose me on? This all happened to me, caused by them. They know/have absolutely 100% of everything I know/have. Anything I can think of beyond the obvious would be irrelevant to this case. This is the case: 1. THey pulled my report in error - documented by a copy of CR. 2. I notified them, correspondence back and forth - documented by letters from both parties. 3. I pointed out errors in reporting of my accts-documented by letters CRRR. 4. THey never marked the accounts as "in dispute"-copy of all 3 CR with no notation throughout the last 6 months. 5. Incorrect reporting of 2 accouts-copies of CR's and back up for why it is wrong (bk paperwork, trustee's quarterly statement) That's it. That's my case. They have every bit of this stuff including the CR which they pulled back in April. Does this seem light to you? Is my case looking weak to you? Everyone chime in if you think that I am missiing something big. I have never filed a lawsuit in my life, and it looks like I started off with a doozie! What could they ask me in deposition? I am just paranoid. I keep looking for holes in my theory, and I just can't find any.
Re: Deposition Discovery in Small C Lisa, The only thought I have is they may have had a PP to pull your credit report. I'm doubting that your account with the OC is closed. Those checks from the trustee have to be posted to some account and there is probably an account with your named coded with the bk designation so statements aren't sent. Also, chargeoff and included in bk accounting can really be quite strange-particularly with a Chapter 13 where recovery is anticipated. CC companies rountinely inflate the amount of chargeoffs through default interest rates and, late and over the limit fees. I would suggest now would be a good time for a lawyer's advice.
Re: Deposition Discovery in Small C Keepmine, they stated in their letter to me "we pulled your credit to see what we are reporting." That lacks PP. They may try to dress it up now and call it permissible, but they said, in writing, they had no other way to determine what they were reporting. What about the other 4 violations? Even if they manage PP out of this, what about the other 4 issues? Two violations for never marking the accounts "in dispute." THey still have not done that as of today and 6 months prior. The two accounts are not reporting 100% correct, and I have detailed this out to them, in writing CRRR, numerous times. Would you still say that I need an attorney? If so, please explain why. I am certainly willing to consult with one if I need to do it. I am running out of time. The hearing is set for Weds at 9.
Re: Deposition Discovery in Small C Lisa, Just a personal opinion, but if you truely have an account with the OC that is active, that letter can be explained away as an error. The facts will be an account with your name and deposits on a regular basis from the bk trustee. As to the accounting. I just don't feel you can say 100% that the OC accounting is wrong given the latitude banks are allowed in chargeoffs plus, the additional kicker of the eventual payback in a Chapter 13. I'd say wait until the hearing and see if the judge grants discovery. They'll have to justify the grounds and the scope. See how he/she rules. The way they respond to the judges questions should give you an idea if they're really bluffing or not. When it comes your turn to speak, you just might try the direct approach. Just say I have this letter and the accounting is wrong. This is all I have. THere is no need for discovery because there is nothing else to discover. Ask the judge for permission to ask the lawyer what else is needed other than what you can furnish?
Re: Deposition Discovery in Small C You asked what the opposing attorney can ask you in discovery. Well, just about anything that may relate to the case. I would imagine anything remotely related to your past and present financials are fair game. I'm speaking about the normal discovery process. I'm not sure how the judge limits discovery in a small claims case in your state. Just a repeat question.... did you check to see if the attorney is registered with your state's bar? Or is it a local attorney hired to take the case?
Re: Deposition Discovery in Small C Keepmine, I won't have to have all of my discovery items ready to give to the opposing atty at the time of the hearing? Will the judge set a date, at some point in the future, for us to exchange these items? ANother question that keeps burning in my mind: Is there ever a point in this that I can just say "I quit" and walk away? Am I bound to finish it out legally if we get into depositions and discovery? Wichita, I have not yet checked with the bar. I plan to do that before the hearing though. ANy quick net ways to do that? As far as discovery goes, why would my past financial picture have anything to do with "you pulled my credit with no PP." I filed for BK for god's sake. The world knows my financial past sucks.
Re: Deposition Discovery in Small C Lisa, I'd make it as difficult as I could. Assuming the judge grants discovery, I'd make 'em wait as long as possible. An honest answer is, "nobody told me to have the documents with me today". I would assume you can petition the court to drop the lawsuit at anytime.
Re: Deposition Discovery in Small C Unless I'm wrong, when one of the sides do Discovery, it will say right on the cover letter how long you have, i.e. 30 days. A Deposition they'll sit you down with them and a Court Reporter and ask questions. For Disovery, they'll probably give you 30 days to produce the documents. I'm still floorered that a Small Claims Court allows all of this! IF they do - well then do your OWN Motion for Discovery - asking them for all their documents regarding your case. And I'd definitely check to see if that attorney can practice in your state. If not they have to hire one in your state - might as well give them as much of a hard time as you can, since that's exactly what they are doing to you. Mommy2cats
Re: Deposition Discovery in Small C Here is the search page for Texas bar members. http://www.texasbar.com/members/onlinetools/qrymbr.asp As to your question about discovery. The discovery process was designed to allow for some poking and prodding around so that plaintiffs and defendents may shape their cases. In most instances, this means the courts give wide latitude to the attorneys involved so that each side is allowed to pursue a theory of law. For instance, lets say the opposnig counsel's theory for this case is "frivolous case". Maybe their plan is to go before the judge and ask that it be dismissed outright. To do this, they'll have to show the judge you have no standing in the case and evidence points to the fact that the case is frivolous. How do they get that evidence? Discovery. They may try to show the judge (and this is a "for instance", I in no way am making any type of judgement about your particular circumstances) that you only brought this case against them in order to improperly clear your credit report. To back this up, they might try to bring in evidence that you don't manage money very well, that you had a BK, that you were turned down for several loan, that you constantly overdraw your checking account, that you live beyond your means, etc, etc, etc. And that is why they get to ask any question remotely related to the case. But it works both ways. You get to ask them just about anything as well. It doesn't mean they'll answer, but you get to ask. Failure to completey provide information in a discovery process is a no-no with judges. Refusal to turn over information requies a good reason. They way they are running it, it seems they DON'T want it bumped to a higher court. If you hired an attorney, they would be on the hook for fees, plus maybe some things you missed. I think they'd rather keep it in small claims where they can limit their damage if they do lose. But anyway, check his bar status. I'm not sure about Texas, but most states don't let people do attorney stuff if they aren't registered. If he isn't listed with the bar, call the bar and ask if there is anyway a non-bar registered attorney can legally represent a third party. If they say no, then file a complaint and bring that with you to the judge, but file the complaint AFTER the discovery. Then you'll have them nailed. Good luck! Wichita
Re: Deposition Discovery in Small C I checked on the atty's bar status. She is alive and well in the Texas Bar with no disciplinary action ever recorded. Wonderful news for me, huh? In this particular case, 4 of the 5 violations revolve around 2 accounts that are reporting incorrectly. I have attempted on 4 separate occasions to have these updated by the CRA's to report properly. Needless to say, that never worked. Okay here is the issue in a nutshell: 1. Both accounts have the issue of mysteriosly inflating the "highest credit" or "most owed" field. I can document this over time, but as it has been pointed out here, that may be okay given the odd antics of posting CH13 payments to a charged off loan. 2. One account is reporting as "CH 7 bk." My bk was a 13. They are getting paid under a 13. I don't know why they can't report it as such. 3. One account has the date opened and date of last activity as the same date. 4. One account shows "sold to another lender" which it was not. 5. One is reporting as "past due 60" the other "past due 90." Neither of these is correct, and they can't support it by date. 6. One account reports a credit limit, the other reports the limit as "n/a." 7. One account shows a zero balance as 3 months after the bk was filed. The other shows zero 4 months after the bk was filed. 8. One account shows the wrong date for the bk. 9. One account shows the debt as "discharged" which it is not yet. Now these may all seem petty to we creditnetters; however, each of these items has been disputed as such via the CRA's and then pointed out to the OC in 3 separate CRRR letters. Does it still seem reasonable to anyone here that the case could be deemed "frivolous?" I know you didn't call it that, Wichita. That just struck a chord in me as something I should address. The issue of the increasing balances alone should be enough to at least cast doubt on the reporting. Wichita, I really appreciate your posts and your input into this whole process has provided a great crash education of this subject. Great members of this board have given me more great advice than I can probably ever repay. Thanks again for your time and input. Thanks again, Lisa
