Motion for extension of time to respond to defendant's counterclaim!

[jaylon]

These guys are unreal! I get this in the mail today, with a letter stating, "our client is in the process of researching your requests and it requires more research than expected, I would appreciate it if you would call me so we can discuss this case".

I'm going to ask the judge to deny the motion. How can you file a claim and then when I know more than you, "the bank" has to research the allegations in the counterclaim! Get outta here!

Whether they pull some gimmick and actually get a judgment I know I have already beat them!

[masterduke]

Right On Jaylon! You are my hero. Just what they need, a sharp stick in the eye!

[jaylon]

1. Plaintiff’s motion states the matter required more extensive research, this is nonsense. Plaintiff commenced this action, the fact that they are now scrambling to come up with answers for their deceitful and fraudulent business practices is no ones fault but their own. Plaintiff is one of the largest banks in the world, however for them to state that they need more time to “research” their own banking procedures is a stab in the dark solely for the purpose of delay and is an insult to defendant's as well as this Honorable Court’s intelligence.

2. Plaintiff’s counsel, HORSE'S A. ASS P.A., has represented Plaintiff on numerous occasions and numerous other banks in this type of lawsuit over 300 (three hundred) times, dating as far back as 1990. If he or his firm did not know or take the time to research every aspect of the laws surrounding these cases, they should have, and they should be disciplined and/or disbarred for their lack of knowledge. They swore oaths as officers of this court to know the law. If he or his firm did not know the law controlling these types of cases, they should have never filed case number 1, let alone over three hundred.

3. Plaintiff has entered sworn affidavits, allegedly stating facts regarding the status of this account, filing this motion exposing Plaintiff’s actions were in bad faith, the affidavits were false, and this entire case, along with the plethora of others plaintiff and plaintiff’s counsel has filed shows a blatant attempt to injure each defendant and to unjustly enrich themselves.

4. The allotted time to answer should suffice, Plaintiff has precise and exact knowledge of how the they operate, and it should boil down to either, “yes, we do things this way” or not we do not”; end of story.

WHEREFORE the Defendant hereby respectfully enters his objection to Plaintiff’s motion for an extension of time to respond to counterclaim, request this Honorable Court deny Plaintiff’s motion, dismiss Plaintiff’s claim with prejudice, and further moves for sanctions.

[David Merrill]

Originally Posted by jaylon

1. Plaintiff’s motion states the matter required more extensive research, this is nonsense. Plaintiff commenced this action, the fact that they are now scrambling to come up with answers for their deceitful and fraudulent business practices is no ones fault but their own. Plaintiff is one of the largest banks in the world, however for them to state that they need more time to “research” their own banking procedures is a stab in the dark solely for the purpose of delay and is an insult to defendant's as well as this Honorable Court’s intelligence.

2. Plaintiff’s counsel, HORSE'S A. ASS P.A., has represented Plaintiff on numerous occasions and numerous other banks in this type of lawsuit over 300 (three hundred) times, dating as far back as 1990. If he or his firm did not know or take the time to research every aspect of the laws surrounding these cases, they should have, and they should be disciplined and/or disbarred for their lack of knowledge. They swore oaths as officers of this court to know the law. If he or his firm did not know the law controlling these types of cases, they should have never filed case number 1, let alone over three hundred.

3. Plaintiff has entered sworn affidavits, allegedly stating facts regarding the status of this account, filing this motion exposing Plaintiff’s actions were in bad faith, the affidavits were false, and this entire case, along with the plethora of others plaintiff and plaintiff’s counsel has filed shows a blatant attempt to injure each defendant and to unjustly enrich themselves.

4. The allotted time to answer should suffice, Plaintiff has precise and exact knowledge of how the they operate, and it should boil down to either, “yes, we do things this way” or [not (sic)] we do not”; end of story.

WHEREFORE the Defendant hereby respectfully enters his objection to Plaintiff’s motion for an extension of time to respond to counterclaim, request this Honorable Court deny Plaintiff’s motion, dismiss Plaintiff’s claim with prejudice, and further moves for sanctions.

Yep... my hero too.

[charlesa6]

Originally Posted by jaylon

1. Plaintiff’s motion states the matter required more extensive research, this is nonsense. Plaintiff commenced this action, the fact that they are now scrambling to come up with answers for their deceitful and fraudulent business practices is no ones fault but their own. Plaintiff is one of the largest banks in the world, however for them to state that they need more time to “research” their own banking procedures is a stab in the dark solely for the purpose of delay and is an insult to defendant's as well as this Honorable Court’s intelligence.

2. Plaintiff’s counsel, HORSE'S A. ASS P.A., has represented Plaintiff on numerous occasions and numerous other banks in this type of lawsuit over 300 (three hundred) times, dating as far back as 1990. If he or his firm did not know or take the time to research every aspect of the laws surrounding these cases, they should have, and they should be disciplined and/or disbarred for their lack of knowledge. They swore oaths as officers of this court to know the law. If he or his firm did not know the law controlling these types of cases, they should have never filed case number 1, let alone over three hundred.

3. Plaintiff has entered sworn affidavits, allegedly stating facts regarding the status of this account, filing this motion exposing Plaintiff’s actions were in bad faith, the affidavits were false, and this entire case, along with the plethora of others plaintiff and plaintiff’s counsel has filed shows a blatant attempt to injure each defendant and to unjustly enrich themselves.

4. The allotted time to answer should suffice, Plaintiff has precise and exact knowledge of how the they operate, and it should boil down to either, “yes, we do things this way” or not we do not”; end of story.

WHEREFORE the Defendant hereby respectfully enters his objection to Plaintiff’s motion for an extension of time to respond to counterclaim, request this Honorable Court deny Plaintiff’s motion, dismiss Plaintiff’s claim with prejudice, and further moves for sanctions.

Good fight.

[jaylon]

excuse the typos, my thoughts are faster than my fingers

[iamfreeru2]

WOW! If you filed a motion like they did you would lose faster than jack rabbit. These bottom feeders are too much. I gotta tell ya though, this is why a counterclaim is so important. It gives these bottom feeders pause to know you mean businesss, and there jig is up. I would expect these jokers to try and settle with you to your advantage. What ya think?

[jaylon]

that would be good, especially since I entered an article I found regarding debt collection attorneys. The article has a quote from Charles Pona, president of the “National Association of Retail Collection Attorneys” which states: “Now, collection attorneys also see debt purchasing as a good investment opportunity and more lawyers are getting into the debt-buying game.”

Also attached is a printout of the homepage of a website called “DEBT SELLERS US” which states: “Interested in purchasing prime bankcard debt directly from the bank that has never been worked by any collection provider? All paper can be previewed or spread before purchase. Minimum purchase is $10,000. Paper can be purchased by State or County. Prices starting at 4¢ on the dollar. Over $4,000,000,000.00 available for immediate sale.”

[iamfreeru2]

Originally Posted by jaylon

that would be good, especially since I entered an article I found regarding debt collection attorneys. The article has a quote from Charles Pona, president of the “National Association of Retail Collection Attorneys” which states: “Now, collection attorneys also see debt purchasing as a good investment opportunity and more lawyers are getting into the debt-buying game.”

Also attached is a printout of the homepage of a website called “DEBT SELLERS US” which states: “Interested in purchasing prime bankcard debt directly from the bank that has never been worked by any collection provider? All paper can be previewed or spread before purchase. Minimum purchase is $10,000. Paper can be purchased by State or County. Prices starting at 4¢ on the dollar. Over $4,000,000,000.00 available for immediate sale.”

I have friends in Texas that have been offered $$ to drop the counterclaim if the plaintiff's original complaint is dismissed with prejudice. LOL

[Judge Roy Bean]

It's a growing business.

Imagine if I offered you an opportunity to get into a poker game where 95% of your opponents simply placed their bets and then folded. Another 3-4% played the hand but only 1 in a hundred knew enough about the game to play to win.

You can save yourself a lot of grief (and money) by negotiating any REAL debt with the original creditor before it gets to the lawsuit stage. If the debt isn't your's, go into lawsuit stage immediately to get them to back off. They are expense-driven and will seek easier prey when seriously challenged.

Jaylon's situation is an excellent example of the tactics they use when they get caught turning the crank too fast and not watching what's going into the sausage grinder.