Author Topic: DB member Coltfan made InsideARM headlines  (Read 4128 times)

0 Members and 1 Guest are viewing this topic.

BellEbutton

  • Valued Member
  • Posts: 2667
Re: DB member Coltfan made InsideARM headlines
« Reply #30 on: September 02, 2014 06:35:41 PM »
Well everybody knows that its much higher if pro se.

Just goggle it Bell E, it says so right here. :vbrofl:

:)

coltfan1972

  • Valued Member
  • Posts: 6532
  • My Shoes Cost More Than Your House
Re: DB member Coltfan made InsideARM headlines
« Reply #31 on: September 03, 2014 02:32:16 AM »
I took the risks; assumed the risks; and went in eyes wide open on what could happen.   

I did it my way and right now it appears, "my way" is in a whole lot of trouble.  As always, I'm going to stare down that trouble and start punching like a mad man.  James Buster Douglas knocked out Mike Tyson, back when Tyson was that baddest man on the planet. 

I'm going to deliver my final punch and you just never know, but this is all on me and I fully accept that I got myself in to this and only I can get me out of it and the odds are long.   

I apologize for nothing, because the law is on my side and my case was rock solid.   If I end up losing because of who and what I am, then I'll accept it and know that I never backed down and I won't ever have to wonder, "what if." 
« Last Edit: September 03, 2014 02:41:15 AM by coltfan1972 »
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

  • Valued Member
  • Posts: 6532
  • My Shoes Cost More Than Your House
Re: DB member Coltfan made InsideARM headlines
« Reply #32 on: September 03, 2014 02:43:47 AM »
One of the lessons should be, and I think that Coltfan would agree with me, that offering timely objections is key to building a case on appeal.

I do agree with this 100%.

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).

Plubbo

  • Valued Member
  • Posts: 54
Re: DB member Coltfan made InsideARM headlines
« Reply #33 on: September 21, 2015 06:51:52 PM »
You file a FDCPA suit pro se.
CA offers you $5K to settle.

Take the money.

"Pigs get fat, Hogs get slaughtered." -- Michael Krasny; founder of CDW; self-made billionaire.

CleaningUp

  • Valued Member
  • Posts: 9241
Re: DB member Coltfan made InsideARM headlines
« Reply #34 on: September 21, 2015 10:55:47 PM »
That quote has been around as long as there have been stock markets, Plubbo.

coltfan1972

  • Valued Member
  • Posts: 6532
  • My Shoes Cost More Than Your House
Re: DB member Coltfan made InsideARM headlines
« Reply #35 on: September 22, 2015 01:08:34 AM »
Plubbo,

Thank you for your valuable contributions to the board.  I don't know what I would do without your great advice in a thread that is over a year old.   Of course you gave us another gem in a thread that had not been active since November of 2014, when you gave us this advice we were all sitting on pins and needles waiting to get from you.

Never use a credit repair company.  You are spending money for what you could do for free.

I think this has to be the only time in the history of Debtorboards this great advice has been given.   Like fine wine, your advice only gets better with age.

You've posted six times since 2012, and we thank you for keeping your trap almost completely shut.

I'll put my record, pleadings, lawsuits, motions, etc... up against yours anytime!!  Post your great successes here, and don't redact any information at all, also post your video deposition where you own the other sides atty in their own depo, and show us how it is done. 

I'll see your pigs get whatever comment that has been around since 1912 and raise you with one that is a tad more modern and relevant...

"I've missed more than 9000 shots in my career. I've lost almost 300 games. 26 times, I've been trusted to take the game winning shot and missed. I've failed over and over and over again in my life." - Michael Jordan.

You want a piece of me?  Bring it on and get your documented record out and lets see how you fare against a guy that had the guts to post every single document about the loss and admit he tanked his case by getting to cute and running his mouth to the other side. 

I'm still throwing up the shots, even after a miss, what are you doing, other than coming her and dragging up a few old threads and posting what has been said a thousands times before.

Put up your record or shut up and slither on off for another two years.  :sharked:
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).

trueq

  • Valued Member
  • Posts: 5131
Re: DB member Coltfan made InsideARM headlines
« Reply #36 on: September 22, 2015 03:49:24 PM »
Reflecting on all of this a year later.....

I still like what Coltfan did.

He took the war to its furthest extreme.

He cost the other side 34K in lawyer fees that they will never get from him.

So those of us worried about the irresponsible certified professional legal threats of "frivolous" or "bad faith", we all are far short in what we do vs. what was done in this case.

I still don't think this case merited a "bad faith" ruling.

Heck, even I got a "bad faith" ruling reversed upon other side's appeal (lower court judge said it was not "bad faith", appeal court reversed and said it was.).    Depsite several merit arguments on the underlying issue, that generated many briefs by other side that reserached SOL borrowing, I even got a bad faith ruling.     I settled case happily, and avoided lower court having to solidify the appeals court instruction as an official court order....but "bad faith" can happen when its not!  My lawyer said it was the worst decision he's ever seen.   (We were going to appeal to WI Supreme Court.)

So I say, fight with courage.... when you feel it's needed....but don't be afraid to take the easy settlement either.

We all have to make decisions, maybe coltfan could have made a better decision, but we can all be Monday A.M. quarterbacks.    His case provides a very valuable perspective....and in my view perspective to show its takes A LOT, to go "to far"...if you consider this case going "to far".

I love the war, but I never really got to 20% of this case.    (and I'm a vigorous litigator!)

I don't see anyone getting to the level of Coltfan's "expertise" and passion.    But if you do...

Does going "to far" have a cost?    Maybe.   Maybe not.

In this case, I'd side with "not".





My free speech is not legal advice.  If you need legal advice, you need to talk to a lawyer.

Litigation Defense record
Arbitration record:   9 wins * 0 loses
Court Record:         2 wins * 2 judgments (1 of the 2 judgments has been vacated, other judgment upheld on appeal, marked "satisfied", because I wrote a check.)

The one bank that beat me in court, I now have a $2200 limit credit card from them again.
Redemption is always possible.

trick

  • Valued Member
  • Posts: 857
Re: DB member Coltfan made InsideARM headlines
« Reply #37 on: September 22, 2015 04:36:49 PM »
Reflecting on all of this a year later.....

I still like what Coltfan did.

He took the war to its furthest extreme.

He cost the other side 34K in lawyer fees that they will never get from him.

So those of us worried about the irresponsible certified professional legal threats of "frivolous" or "bad faith", we all are far short in what we do vs. what was done in this case.

I still don't think this case merited a "bad faith" ruling.

Heck, even I got a "bad faith" ruling reversed upon other side's appeal (lower court judge said it was not "bad faith", appeal court reversed and said it was.).    Depsite several merit arguments on the underlying issue, that generated many briefs by other side that reserached SOL borrowing, I even got a bad faith ruling.     I settled case happily, and avoided lower court having to solidify the appeals court instruction as an official court order....but "bad faith" can happen when its not!  My lawyer said it was the worst decision he's ever seen.   (We were going to appeal to WI Supreme Court.)

So I say, fight with courage.... when you feel it's needed....but don't be afraid to take the easy settlement either.

We all have to make decisions, maybe coltfan could have made a better decision, but we can all be Monday A.M. quarterbacks.    His case provides a very valuable perspective....and in my view perspective to show its takes A LOT, to go "to far"...if you consider this case going "to far".

I love the war, but I never really got to 20% of this case.    (and I'm a vigorous litigator!)

I don't see anyone getting to the level of Coltfan's "expertise" and passion.    But if you do...

Does going "to far" have a cost?    Maybe.   Maybe not.

In this case, I'd side with "not".

Most excellent post.  I will add my 2 cents for what it is worth.  I too have seen the label of frivolous and bad faith but I do always refute the claim made in a footnote in the pleading. Once you realize that lawyers will always say it to "pro se" its not so scary. Do not be afraid to try new theories or think out of the box. A Judge is not going to punish you for that.  Never be afraid to go on the offensive.

coltfan1972

  • Valued Member
  • Posts: 6532
  • My Shoes Cost More Than Your House
Re: DB member Coltfan made InsideARM headlines
« Reply #38 on: September 22, 2015 05:12:52 PM »
To those of us worried about the irresponsible certified professional legal threats of "frivolous" or "bad faith", we all are far short in what we do vs. what was done in this case.

Thank you for your post Trueq.  Great points and I 100% agree with all of them!

I think above is what some people don't understand.   I basically showed what it would take, and the extremes one would have to go through, to get a ruling that even many on the debt collection side sent me emails saying it was a bad ruling, even though they were glad I got nailed. 

My case has been cited in several courts with the other side trying to get a bad faith ruling, but the argument is quickly dropped once actual research is done about my case. 

I helped a Debtorboard member beat the other side that was using my case.   The member was able to show the court their actions were not even 1/100th of mine and citing my case back-fired on the other side big time. 

Am I glad I lost?  Of course not !!!  But do I feel like in the big picture it was a debacle? oh heck no, and I've been riding my own case to settlements, sometimes three times what I was getting prior to my case.   Even the debt collection industry knows it was an extreme case and really effects one person, me. There was no class of debtors out there going that extreme that were waiting to see how the 8th Circuit ruled. 

And the courts order is useless; because it is not even a judgment; it can't even be assigned; I'm not an attorney that the bar can sanction me if I don't pay; the defense attorneys were paid by the insurance company; and most importantly, the court ordered no time frame for payment or any type of payment schedule, so I'm not violating the Order.  I plan to pay it, when I have 36K to pay it.  ;)

I used this to learn from.  I did a ton of things right and some things wrong.  Sometimes you learn a lot more from a defeat, and that is defiantely the case here.  I can assure you that no debt collector is anxious to get sued by me.  I'm no idiot, regardless of how they painted me, and I won't make certain mistakes again!!

It's one thing to call out the devil, it's another to actually face him.
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).

 

credit