Author Topic: Can I get a continuance - FDCPA issues - and trail 3/4/16 ?  (Read 2142 times)

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Bruno the JDB Killer

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Re: Can I get a continuance - FDCPA issues - and trail 3/4/16 ?
« Reply #15 on: February 22, 2016 01:39:08 PM »
Three years with no activity? See what your court rules say about lack of prosecution. That's a long time to let a case sit without doing anything.
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Bruno the JDB Killer

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Re: Can I get a continuance - FDCPA issues - and trail 3/4/16 ?
« Reply #16 on: February 22, 2016 01:43:58 PM »
Rule 12. DISMISSAL FOR WANT OF PROSECUTION.
      An action may be dismissed sua sponte with written notice to the plaintiff if no activity has occurred within 8 months after a complaint has been filed (or within any further period of extension granted by the court). Such dismissal may be set aside and the action reinstated by order of the court for good cause shown upon motion duly filed not later than 10 days from the date of the order of dismissal.
      (Added November 27, 2007, effective January 1, 2008.)
I am not an attorney. Any information I post is strictly my opinion and should be treated as such.

coltfan1972

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Re: Can I get a continuance - FDCPA issues - and trail 3/4/16 ?
« Reply #17 on: February 22, 2016 01:47:24 PM »
Rule 12. DISMISSAL FOR WANT OF PROSECUTION.
      An action may be dismissed sua sponte with written notice to the plaintiff if no activity has occurred within 8 months after a complaint has been filed (or within any further period of extension granted by the court). Such dismissal may be set aside and the action reinstated by order of the court for good cause shown upon motion duly filed not later than 10 days from the date of the order of dismissal.
      (Added November 27, 2007, effective January 1, 2008.)

Should have Googled sua sponte before posting this, because above helps the OP in this case zero.
LexisNexis® Legal Newsroom- 05-17-2013 | 10:11 AM --

JONESBORO, Ark. - A federal judge in Arkansas on May 15 ruled that dismissal of a consumer's lawsuit against a debt collector is not proper because although the consumer posted messages on a website "in an odious manner," valid First Amendment concerns exist (Brandon Scroggin v. Credit Bureau of Jonesboro Inc., No. 12-0128, E.D. Ark.; 2013 U.S. Dist. Lexis 69070).

Bruno the JDB Killer

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Re: Can I get a continuance - FDCPA issues - and trail 3/4/16 ?
« Reply #18 on: February 22, 2016 01:51:07 PM »
I know what it means. Now he knows it's at the discretion of the court and there is no provision for him to file a motion. That helps.
I am not an attorney. Any information I post is strictly my opinion and should be treated as such.

coltfan1972

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Re: Can I get a continuance - FDCPA issues - and trail 3/4/16 ?
« Reply #19 on: February 22, 2016 01:51:31 PM »
thanks everyone, I appreciate your help.  I'll file the MTC in the morning.

Good plan, and please stop listening to whoever you've been listening to up until this point. 

All this wet ink, kitchen sink validation demands, and fee schedule stuff just makes you look like you have no clue and they are going to fight you harder.   

The motion to compel arbitration, properly written, should end this for you pretty quickly and send them packing.
LexisNexis® Legal Newsroom- 05-17-2013 | 10:11 AM --

JONESBORO, Ark. - A federal judge in Arkansas on May 15 ruled that dismissal of a consumer's lawsuit against a debt collector is not proper because although the consumer posted messages on a website "in an odious manner," valid First Amendment concerns exist (Brandon Scroggin v. Credit Bureau of Jonesboro Inc., No. 12-0128, E.D. Ark.; 2013 U.S. Dist. Lexis 69070).

coltfan1972

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Re: Can I get a continuance - FDCPA issues - and trail 3/4/16 ?
« Reply #20 on: February 22, 2016 02:00:44 PM »
I know what it means. Now he knows it's at the discretion of the court and there is no provision for him to file a motion. That helps.

Wrong as usual.  All that means is one option is the court can act on their own, as any court in America under the same facts as this case.   You'll find that rule in every court, for obvious reasons.

Obviously the OP should have filed their own motion long before this, but that and the court acting sua sponte are now off the table, so your post telling the OP what the court could have done was of no use to the OP.

But you did get to throw around some fancy legal jargon, sua sponte, that sounded cool and like you really knew what you were talking about.
LexisNexis® Legal Newsroom- 05-17-2013 | 10:11 AM --

JONESBORO, Ark. - A federal judge in Arkansas on May 15 ruled that dismissal of a consumer's lawsuit against a debt collector is not proper because although the consumer posted messages on a website "in an odious manner," valid First Amendment concerns exist (Brandon Scroggin v. Credit Bureau of Jonesboro Inc., No. 12-0128, E.D. Ark.; 2013 U.S. Dist. Lexis 69070).

Bruno the JDB Killer

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Re: Can I get a continuance - FDCPA issues - and trail 3/4/16 ?
« Reply #21 on: February 22, 2016 03:31:19 PM »
Wrong as usual.  All that means is one option is the court can act on their own, as any court in America under the same facts as this case.   You'll find that rule in every court, for obvious reasons.

Obviously the OP should have filed their own motion long before this, but that and the court acting sua sponte are now off the table, so your post telling the OP what the court could have done was of no use to the OP.

But you did get to throw around some fancy legal jargon, sua sponte, that sounded cool and like you really knew what you were talking about.


I didn't throw it around, I quoted the rule. So it's my fault he may not know what it means and I have to explain it to him? Give me a break. And for your information, there is nothing in the HI district court rules that provides for a party to file such a motion. You have rule 12 and rule 29. Neither mentions "by motion" of a party. Dog the Bounty Hunter is on his way to Arkansas.

Hey, at least there is one thing in this thread somebody with your limited mentality can understand.......his opposing counsel is named Dang.
I am not an attorney. Any information I post is strictly my opinion and should be treated as such.

BellEbutton

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Re: Can I get a continuance - FDCPA issues - and trail 3/4/16 ?
« Reply #22 on: February 22, 2016 05:40:41 PM »
Three years with no activity? See what your court rules say about lack of prosecution. That's a long time to let a case sit without doing anything.

The OP didn't say there was 3 years of no activity.

Bruno the JDB Killer

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Re: Can I get a continuance - FDCPA issues - and trail 3/4/16 ?
« Reply #23 on: February 22, 2016 06:07:05 PM »
I see that. There was a period of 22 months where they apparently did not serve him. I wonder why they moved so slowly on this.
I am not an attorney. Any information I post is strictly my opinion and should be treated as such.

BellEbutton

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Re: Can I get a continuance - FDCPA issues - and trail 3/4/16 ?
« Reply #24 on: February 22, 2016 06:31:34 PM »
I see that. There was a period of 22 months where they apparently did not serve him. I wonder why they moved so slowly on this.

Lazy process server?  Lazy attorney?  Someone dropped the ball?   Who knows.

benedick

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Re: Can I get a continuance - FDCPA issues - and trail 3/4/16 ?
« Reply #25 on: February 22, 2016 09:37:15 PM »
Good plan, and please stop listening to whoever you've been listening to up until this point. 

The motion to compel arbitration, properly written, should end this for you pretty quickly and send them packing.

So, for clarification why should this send them packing?

coltfan1972

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Re: Can I get a continuance - FDCPA issues - and trail 3/4/16 ?
« Reply #26 on: February 22, 2016 09:38:39 PM »
So, for clarification why should this send them packing?

There is an arbitration section of this board, read it.
LexisNexis® Legal Newsroom- 05-17-2013 | 10:11 AM --

JONESBORO, Ark. - A federal judge in Arkansas on May 15 ruled that dismissal of a consumer's lawsuit against a debt collector is not proper because although the consumer posted messages on a website "in an odious manner," valid First Amendment concerns exist (Brandon Scroggin v. Credit Bureau of Jonesboro Inc., No. 12-0128, E.D. Ark.; 2013 U.S. Dist. Lexis 69070).

Bruno the JDB Killer

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Re: Can I get a continuance - FDCPA issues - and trail 3/4/16 ?
« Reply #27 on: February 23, 2016 02:18:01 PM »
Also read up on waiver. You have almost four years of this case being litigated in court. They may argue that by using the court system to this extent, you waived your right to arbitration.

This comes up occasionally in other states. We don't get that many HI cases, so you'll have to look it up to see how it applies there.
I am not an attorney. Any information I post is strictly my opinion and should be treated as such.

BellEbutton

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Re: Can I get a continuance - FDCPA issues - and trail 3/4/16 ?
« Reply #28 on: February 23, 2016 07:37:32 PM »
You have almost four years of this case being litigated in court.

No.  He was served on a little over a year ago.

Bruno the JDB Killer

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Re: Can I get a continuance - FDCPA issues - and trail 3/4/16 ?
« Reply #29 on: February 23, 2016 08:31:01 PM »
4/15/13 they filed complaint


They did not serve him until Dec 2014. There seems to be a lot inbetween then and now.
I am not an attorney. Any information I post is strictly my opinion and should be treated as such.