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Author Topic: Sued by AA in Arkansas HELP!  (Read 4337 times)

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ladyhunter

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Re: Sued by AA in Arkansas HELP!
« Reply #45 on: August 30, 2011 02:16:29 PM »
Read your state's Civil Rules of Procedure. In FL, they must be "served" (received) in 30 days. However, also in FL if it is served by mail only, we get 5 extra days for mail. If we fax, they are received at the end of the transmission.
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coltfan1972

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Re: Sued by AA in Arkansas HELP!
« Reply #46 on: August 30, 2011 02:26:02 PM »
It does not address it one way or the other in the rules, but in my case we were allowed to serve each other by e-mail and then follow up with regular mail. 
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No section of the FDCPA requires an inquiry into the worthiness of the debtor or purports to protect only deserving debtors.  To the contrary, Congress has clearly indicitated its belief that no debtor deserves to be abused in the collection process.  Bass vs Stolper, Koritzinsky, Brewster, and Neider, S.C. 111 f3d. 1322, 1330, 7th Circuit, 1997.

The FDCPA protects all consumers from the gullible to the shrewd.

Debtorboards.com turning the gullible into the shrewd.

grits71

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Re: Sued by AA in Arkansas HELP!
« Reply #47 on: September 06, 2011 03:19:18 PM »
I think I might have it but not sure.  Here is a revised copy of my ROGS and ROPS.  How does it look?

I have to send this tomorrow or Thursday.  Should I file a copy with the court also?  I don't have to but would it help or hurt?????

Thanks!
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ladyhunter

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Re: Sued by AA in Arkansas HELP!
« Reply #48 on: September 06, 2011 03:37:06 PM »
In FL, we don't have to file the actual answers or questions asked, just Certificate of Service. But, in my experience, you should go ahead and file the whole thing.

Reason: When we went to the Hearing of all pending Motions, the judge asked me a question and I responded, "They don't have any of those documents in their possession." He asked how I knew that. I told him they admitted it in my Interrogatories to them.

He looked and looked in his file, but couldn't find anything. Then I remembered, I only filed the Certificate of Service. He told me, the next time to please provide him the entire document.

Our Rules of Civil Procedure clearly states we don't have to file the entire document, but I recommend it. That way the judge has possession of it if he/she needs it.

And, Grits, don't know if you saw it or not, but AA dropped their case against me. Now, I'm on to Part II: Sueing AA!
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coltfan1972

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Re: Sued by AA in Arkansas HELP!
« Reply #49 on: September 06, 2011 03:52:33 PM »
Sent you a PM.
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No section of the FDCPA requires an inquiry into the worthiness of the debtor or purports to protect only deserving debtors.  To the contrary, Congress has clearly indicitated its belief that no debtor deserves to be abused in the collection process.  Bass vs Stolper, Koritzinsky, Brewster, and Neider, S.C. 111 f3d. 1322, 1330, 7th Circuit, 1997.

The FDCPA protects all consumers from the gullible to the shrewd.

Debtorboards.com turning the gullible into the shrewd.

grits71

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Re: Sued by AA in Arkansas HELP!
« Reply #50 on: September 06, 2011 06:29:13 PM »
Quote from: ladyhunter on September 06, 2011   03:37:06 PM
And, Grits, don't know if you saw it or not, but AA dropped their case against me. Now, I'm on to Part II: Sueing AA!
CONGRATULATIONS!!!!!!!!!!!!!!!!!!!!!!! :woohoo:
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grits71

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Re: Sued by AA in Arkansas HELP!
« Reply #51 on: September 12, 2011 05:39:18 PM »
Now the waiting begins!!!!!!!!

I've sent my answers and I've sent them my discoveries. 

Have I said how much I dispise JDB???????????

THANK YOU TO EVERYONE WHO HELPED ME WITH THIS!  YOU KNOW WHO YOU ARE AND I SINCERELY APPRECIATE IT!
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ladyhunter

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Re: Sued by AA in Arkansas HELP!
« Reply #52 on: September 12, 2011 08:01:34 PM »
Was just wondering how you were doing.

Just gave my lawsuit to service processor today. She will attempt service on AA & 9 employees on Wednesday!!!!!

So, I'm waiting right along with you.  :drinking:
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grits71

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Re: Sued by AA in Arkansas HELP!
« Reply #53 on: September 13, 2011 10:10:14 AM »
Keep me updated on what is happening. 

I think all JDB ought to be banned.  If the cc companies can't collect it, then write it off.  They make enough money as it is on interest rates and other outrageous fees.
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CleaningUp

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Re: Sued by AA in Arkansas HELP!
« Reply #54 on: September 13, 2011 02:25:28 PM »

To do that would declare some very fundamental underpinnings of contract law no longer valid...

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Fighting Irish

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Re: Sued by AA in Arkansas HELP!
« Reply #55 on: September 13, 2011 10:35:12 PM »
And think of the upside. If there were no JDBs, there would be so many fewer FDCPA, FCRA and TCPA violations.

Without those violations, there would be so many fewer suits filed in civil and federal court for them.

Without those suits, there would be fewer opportunities for alleged debtors to collect money from alleged creditors. :vbrofl:
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Dang it, Jim! I'm a nurse, not an attorney!

(The rest of you, keep that in mind, too.)
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