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  #1  
Old 08-07-2007, 04:06 PM
goffertrap goffertrap is offline
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Bad check

I got served papers in the mail. Never had that done before. Got court summons for a bad check, 3rd party debt collector.

I could have paid the $20 for the check, but where's the fun in that? Although I had to pay $20 to file my response, it was worth it!

In reality, this one slipped by me, and, if the person I wrote the check to would have called, I would have paid $40 just to ease their pain. But, a debt collector, I just couldn't.

I sat around, knowing I could win. So, I start out with my verified response and motion to dismiss. Clerk tells me I'll have to be in court in 20 days, "what days are good for you?". I said they all suck, and no day is good, but I'll be there.

I get a envelope from the judge,(post marked 2 days after I filed) and was thinking "here we go!". Well, it was a one page order to dismiss, with prejudice! Damn him! I had my arguement down to a "T" on this one, and wanted my day in court. A win, but damn, I love to get in there and just go at it!

Last edited by goffertrap : 08-07-2007 at 04:09 PM.
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  #2  
Old 08-07-2007, 04:22 PM
farmer_giles_of_ham farmer_giles_of_ham is offline
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What was your verified response?
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  #3  
Old 08-07-2007, 04:50 PM
DCLXVI DCLXVI is offline
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I bet dollars to doughnuts that you did it with a lack of court jurisdiction recognized by law.

Good job,

: )
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  #4  
Old 08-07-2007, 04:51 PM
Friendsplacect Friendsplacect is offline
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Quote:
I get a envelope from the judge,(post marked 2 days after I filed) and was thinking "here we go!". Well, it was a one page order to dismiss, with prejudice! Damn him! I had my arguement down to a "T" on this one, and wanted my day in court. A win, but damn, I love to get in there and just go at it!

Oh , please upload a copy of the letter from the Judge and put it in the success stories section.
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  #5  
Old 08-07-2007, 04:51 PM
goffertrap goffertrap is offline
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Quote:
Originally Posted by farmer_giles_of_ham
What was your verified response?

Farmer: I shoulod have said "verified answer and motion to dismiss". Is that what you wanted to know?

I admitted I wrote the check, admitted to most of it, but, I hammered on a few other things and got it kicked.

If I have not answered your question, let me know.
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  #6  
Old 08-07-2007, 05:00 PM
goffertrap goffertrap is offline
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Quote:
Originally Posted by DCLXVI
I bet dollars to doughnuts that you did it with a lack of court jurisdiction recognized by law.

Good job,

: )

I did throw Jurisdiction out, but that wasn't it, well, yes and no lol. That was the one I was going to jump up on the table and start my rant in the court room on. Perhaps the judge had an idea of that already.

I think alot of it came down to the fact that I flat out accused the debt collector of extortion, and pointed out he involved the court when he filed that phony crap to begin with!

Also, the S of L ran out, so with that, the court would never have had jurisdiction over me.

I'm just supprised he didn't have me go in and argue, knowing he could get me in contempt when I jumped up on the table and started screaming. Dumb judge.
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  #7  
Old 08-07-2007, 05:02 PM
goffertrap goffertrap is offline
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Quote:
Originally Posted by Friendsplacect
Oh , please upload a copy of the letter from the Judge and put it in the success stories section.

I don't have it with me. I may have it in my email, as I scanned it and emailed to everyone. If not, I will get it on here when I can.
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  #8  
Old 08-07-2007, 05:22 PM
DCLXVI DCLXVI is offline
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Quote:
Originally Posted by goffertrap
Also, the S of L ran out, so with that, the court would never have had jurisdiction over me.

Attorneys always try that stuff. Filing after the statute of limitations has run, hoping people just settle.

you should counter claim against the attorney for malpractice. (Not real legal advice.)


: )
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  #9  
Old 08-07-2007, 07:43 PM
goffertrap goffertrap is offline
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Quote:
Originally Posted by DCLXVI
Attorneys always try that stuff. Filing after the statute of limitations has run, hoping people just settle.

you should counter claim against the attorney for malpractice. (Not real legal advice.)


: )

I have thought of this myself. The court doesn't refund the 20 bucks I spent to reply, which I had no choice other than paying the check, X3, and a bunch of other hog wash he was trying to extort me for.

The judge would be the same Judge in this case. I will keep batting the idea around. I would be rather fun to ruin this jerks life for pulling such a stunt. Makes one wonder how many people would have went to court and lost!!!

I should lay the smack down on him, with a 100 page complaint, and then file every motion under the sun over the next decade. What a peace of ****! This guy lose's, I win and am out 20 bucks, and the judge is 20 dollars richer! GOD BLESS AMERICA!
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  #10  
Old 08-07-2007, 08:41 PM
DCLXVI DCLXVI is offline
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There you go!

That's the spirit!
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