Nothing really happened at all, no rulings were made by the judge but still in all the conversations were interesting. I had filed motion for sanctions against the plaintiff's attorney and the judge ruled that I was pre-mature with demanding sanctions. He said that sanctions can't be heard until after final judgment has been rendered in the case. Then the conversation somehow moved to whether or not I was going to bring FDCPA complaints against the attorneys in federal court and I said that I fully intended to do so at the earliest possible opportunity. Obviously the judge didn't know much about FDCPA at all. I could tell that by the questions he was asking me and a couple of the advices he tried to give me which were all dead wrong. It was obvious, for instance that while he knew that I could not bring FDCPA complaints against Capital One he obviously didn't know that attorneys are 3rd party debt collectors and fully liable under FDCPA. He also suggested that I be very careful so the lawyers didn't remand this case to federal court in the process. Of course, I'm going to have to cure that little problem before it can happen. Maybe they could remand it to federal and maybe they couldn't. I don't know about that yet and since I'm not sure I will attempt to stick the final fork in the case next week and see if I can get it killed one way or the other that way before I take it to federal. One thing for certain is that the judge got real serious with their lawyer and told her a second time that they could expect to get some heavy sanctions against them for their conduct in the case. Funny thing, the lawyer hasn't really said more than about a dozen words over the course of the last two trials. Real quiet. They are done. Time for me to stick a fork in them and see what happens. LOL
Held in abayance!!!! I see from this mornings court record that my motion for sanctions against the plaintiff's attorneys has been ordered to be held in abeyance by the judge. He said yesterday that it was premature to attempt to sanction them at this time so holding the matter in abeyance is the court's way of telling the plaintiff's attorneys that they have some real problems coming at them in the near future. So now is the time to go after Capital One here in local court and the judge told me yesterday how to do that and what he expects to see from me. DAMN!! It sure is nice to have the judge helping you all he can. You get that way by showing the court you at least have a good idea of what to do and how to do it. Now it is time to turn up the heat on Cap1 and get ready to stick the fork in them too. LOL. I'll do that next week. I'm going file a motion for summary judgment with prejudice against Cap1 and see whether the court will go for that or not. I'm definitely going to start off with Twombly and then go into their UCC violations and then once I have that the sanctions part will also kick in. I left the court very confused yesterday trying to make heads and tails out of what the judge said but after I had a little bit of time to think it all became crystal clear. Took me about 15 minutes or so of thinking to get it all straight in my head. Another thing the judge said was that he was glad that I had hired a court reporter and we were on the official record. I have always taught that a defendant should never go to court without a court reporter. That is vitally important.
