1 year later after intent to dispute filed

Avernus · #1 02-06-2008, 07:16 AM

1 year ago, Feb 2007, I went through a company filing judgment against me. I asked for debt verification via letter and never got it. They went forward. I filed an intend to dispute with the court and with them. I also went through interrogatories. I didnt hear anything for months. Late summer 2007 I got something about a mediator, called them, they said the plaintiff needed to call them. Apparently that never happened. Now we are back in Feb 2008 and I just got a Plaintiff's motion for summary judgment sent to me about the same exact issue. Can they do this? According to several people on this website, this is where I ask them to verify the debt and file an intent to defend. Can they wait this long for that to happen? Thanks.

masterduke · #2 02-06-2008, 01:01 PM

I wonder if they really have a case since they never answered any of your motions? Did you have these filed with the court? Also did you ever file a motion to compel? they are the actual ones in 'default' since they never answered any of your interoogatories. BUT you have to get the slug in the black robe to enforce this or he will totally allow you to be bulldozed. The very method they use to slam people with their 'account stated' crap to 'prove' their case could be used to overturn this judgement ruling. It seems that you have been deprived of your rights under the FDCPA? A motion to vacate the judgement? You have allot of issues to explore here. Get your dough out of the bank now! You have been denied your rights and there seems to be a effort to defruad you with an "Unjust Enrichment" scheme. A countersuit for this cause alone may be a good place to start. They have intimidated you for their own gain. And have committed crimes in order to steal money from you.

Avernus · #3 02-07-2008, 05:12 AM

Thats exactly what I was wondering. I filed everything with the court last year including an intent to dispute. I did not file a motion to compel, but did file all the validation letters and answers to the interrogatories. I have not received anything from the actual court system. Is my bank account still unsafe?
Thanks for your answer and assistance =)

masterduke · #4 02-08-2008, 07:02 PM

Quote:

Originally Posted by Avernus

Thats exactly what I was wondering. I filed everything with the court last year including an intent to dispute. I did not file a motion to compel, but did file all the validation letters and answers to the interrogatories. I have not received anything from the actual court system. Is my bank account still unsafe?
Thanks for your answer and assistance =)

Clear out your bank account now. They are moving in for their summary theft. I can not stress that enuff. They will steal your money. You can work on the other topics as soon as your dough is out of their reach!!!!!!!!

I am Siren · #5 02-08-2008, 11:33 PM

Quote:

Originally Posted by Avernus

1 year ago, Feb 2007, I went through a company filing judgment against me. I asked for debt verification via letter and never got it. They went forward. I filed an intend to dispute with the court and with them. I also went through interrogatories. I didnt hear anything for months. Late summer 2007 I got something about a mediator, called them, they said the plaintiff needed to call them. Apparently that never happened. Now we are back in Feb 2008 and I just got a Plaintiff's motion for summary judgment sent to me about the same exact issue. Can they do this? According to several people on this website, this is where I ask them to verify the debt and file an intent to defend. Can they wait this long for that to happen? Thanks.

You have only a very short time to respond (something like 10 or 20 days, plus 3 days for mailing) to this MSJ. If you don't respond, they will get a default judgment. The response needs to be in legal format. Visit my website for the form if you need it (see below for my website address).

You need to quickly file an Objection to Motion for Summary Judgment. Also file a Motion for Dismissal for 1) Lack of Prosecution (since they took too long to follow up on the original Summons/Complaint) and 2) Violations against the federal Fair Debt Collection Practices Act.

My website goes into this stuff in depth, good luck!

-- Siren (http://Siren.2freedom.com)

Livefire · #6 02-09-2008, 11:10 AM

From what has been said, this "creditor" may have gone to arbitration on the sly, gotten an award and now is trying to enforce it thru the court.

masterduke · #7 02-09-2008, 05:50 PM

Quote:

Originally Posted by Livefire

From what has been said, this "creditor" may have gone to arbitration on the sly, gotten an award and now is trying to enforce it thru the court.

With that in mind, what would be the procedure to overturn that arbitration award? Since this would be way past the 90 day window to appeal their award. I know it reeks of fraud but how do you get that introduced into the court where the judge would even hear it?

Livefire · #8 02-09-2008, 10:14 PM

Look at this KS Supreme Court Case. It is stating that without an agreement between the parties, the arbiter is without jurisdiction. Good place to start....

http://www.attorneydebthelp.net/down...arbopinion.pdf

masterduke · #9 02-10-2008, 12:30 PM

Quote:

Originally Posted by Livefire

Look at this KS Supreme Court Case. It is stating that without an agreement between the parties, the arbiter is without jurisdiction. Good place to start....

http://www.attorneydebthelp.net/down...arbopinion.pdf

WOW! Somebody actually wins!!! Justice served??? Bet those slimey debt attorneys were spittin' mad after this LOL.