Re: This board being watched? I'm sure using an invalid case # or a case # that belongs to another case would be illegal. I can't believe they would be that stupid to do something like that. But, l can hope. lol
Re: This board being watched? They think we are stupid. Wouldn't surprise me. But I'm sure you can find out. Wonder why you can't get through to the court on the phone? I always get through here.
Re: This board being watched? I can't get through because the court system here is pathetically understaffed. Any phone calls get put on ignore, I mean hold. I have held for 1/2 hour 2 times this week. I'll probably end up having to go down there.
Re: This board being watched? Possibly, except that when I filed the papers they were online the same day. I'm beginnig to think maybe they are playing games.
Re: This board being watched? Ahhhh not short on data entry operators, huh? Yup sounds like games. I was giving them the benefit of that one doubt. If they faked that, you should save it up and then bust their a$$e$ in front of the judge!!! With no warning. That ought to kill any predisposition the judge has to lean in their direction, hehe.
Re: This board being watched? 5034! It just did. Now can we keep it going to 10,000???? Only time will tell
Re: This board being watched? In todays news., the top story is: Someone is trying to pull a fast one. The defense lawyer did file a request to transfer. He then sent copies of everything to federal court indicating the transfer was a done deal. Those idiots at federal accepted that and gave it a case #. The only slight little problem with that is the clerks at justice court, after going back and forth for 20 minutes, say that the judge has not signed the transfer yet. There is no minute entry, no nothing indicating this was done. They told me to file my objection to transfer tomorrow and I'd be in good shape. Now the question is, do I want it to go to federal or keep in justice (small claims). I'm waiting for my atty. to call. What a sneaky little trick. I wonder what they had planned to do if the judge says no to the transfer? I think they are in some hot water.
Re: This board being watched? Even if eventually it would end up in federal court, you can't let them get away w/ it. File a motion to dismiss the current federal proceedings w/o prejudice, and ask for court costs & attorney fees. Saar
Re: This board being watched? Exactly. I'm waiting for my atty to call.I want him to file an objection to transfer and a motion to dismiss the fake case.
Re: This board being watched? LOL, way to go!!!! I bet they never expected you to go down and check on it. What are they going to do now, act like they don't know how to do it?
Re: This board being watched? There is one thing you may not be aware of, LKH. If you order your attorney to do something, by law, he has to do what you order him to do even if it's wrong or not in your best interests. That's the law and an attorney who violates that is in violation of the law himself. I know that will most likely raise some eyebrows, because one of the next questions becomes then "if you know more than your attorney, why did you hire him in the first place?" or variations of that question. I know some will say you had best just let him do his job because that's what you hired him to do. That's all well and good, but if there does happen to come that rare occasion in which you know he is going to do something that is not in your best interest, you do have the option to order him to do whatever you think is right or better and he has to do it, like it or not. So if you think you will be better off keeping it in small claims court and he seems to want to let it go to federal court, it's really your decision in the final analysis. I don't know which would be the better way to go, but it sure seems logical to me that if they want to go to Federal then you would want to do the opposite and keep it in small claims. I think that it's likely that whoever it was posted the thought that they want to go to Federal to see if you will scare out due to the added costs just might have it right. I'd say to call up that David Szwak feller in Louisiana and ask him what he thinks you ought to do. I went to see some guru lawyer yesterday about another deal of mine and the bimbo told me right off the bat that he went to the law library and looked up FDCPA and he didn't come up with any real answers and needed more time to study FDCPA! Yet he claimed to be a lawyer with experience in consumer law!!! Amazing! Szwak had the answers right off the top of his head on the phone and you could tell he flat out knows what he is talking about and he will answer your questions right on the phone or by email or whatever and he has other firms situated around the country he works with all the time. This bimbo I went to claimed to know Szwak too, but Szwak didn't know him from Adam's off Ox. So the bimbo was just name-dropping. I'd recommend you give Szwak a call right away and maybe you can get him or one of his associates to take the case for you and do it right. After all, what have you got to lose asking for a second opinion??
Re: This board being watched? ... as if the plaintiff has any power to keep it in small claims, Bill. "Except for cases specifically involving the security deposit in a residential rental relationship and cases involving repossession of shopping carts, either you or the defendant may request to transfer the case to the Regular Claims Division of District Court." http://www.consumerlaw.com/claims.html#going
Re: This board being watched? have you read the cousins v tu case? an overview is here: http://www.privacytimes.com/index_idtheft.htm#3 TU is worth 447M, So they gave 1%. 2 hours jury deliberation. Willful noncompliance (a reinsertion issue). Still, juries are tired of CRA laziness. 50k actual damages, 4.47 M punitives. overturned on a technicality. I think I got a copy of the case or the appeal on lawdog... good reading. ask your atty the benefits of the Fed vs state issue. Is it that the atty will benefit more? or are there real issues where the stricter court will help you? Ask how many cases he's tried in US District. How many credit related issues etc. Is he ammending the complaint (likely he'll have to for US District)... just questioning this to help you and to learn myself
Re: This board being watched? Bill, who is this David Szwak? Marie, interesting case. I'll be talking to my lawyer tomorrow. We are getting together so we can go over every little detail of my case.
