I am so so so upset right now, I just want to scream, or cry or something. I don't know which.
This is in regard to the Arrow Financial Case I have been working on for what seems like forever. Skydver helped me get the default motion vacated. But the judge set another court date, and gave me until the 21st of April to respond to the original complaint. Well, I don't have the original complaint, so I sent a letter to the judge on the 25th of March and asked for a copy of the original complaint, as I could not answer it since I never received it to begin with.
Today, I got a letter from the Attorney of Arrow Financial! They filed a motion for another default judgment because I did not respond to the complaint by the 21st! The hell I didn't! I sent a letter to the judge, now I realize it wasn't a response to the complaint, but hell, I never had the original complaint! Now what in the heck am I suppose to do???????? This really is SO unfair! I can NOT afford an Attorney, and legal aid has a very long waiting list. I am in a position where I have no other choice but to represent myself, why can't the courts be a little more understanding when a person is in this type of situation. Those butt heads [Arrow Financial] NEVER validated the debt either! I am so screwed unless someone can help me figure out a way to file a motion to have this case dismissed with prejudice. _________________ http://www.ag4ohio.gov/Public/Default.aspx https://rn.ftc.gov/pls/dod/wsolcq$.startup http://www.centralohio.bbb.org/WWWRoot/SitePage.aspx?site=49&id=06d7c9 bb-60f8-4085-ba90-e80440ddb4c1 http://www.com.ohio.gov/fiin/
howdy shazz, This sounds like a tough situation is there a reason why you let the time lapse between march 25 and april 21 with no response from the judge? Why didnt you go down to the courthouse and get a copy of it?
Its a cat and mouse game~you have to be the cat and cover your bases. Not having a copy of the original complaint and allowing a month to go by from the time you requested doesnt sound like its going to hold up.Is that going to be your defense?
Code:
why can't the courts be a little more understanding when a person is in this type of situation
What situation? that you didnt have your paperwork and the court shouldnt follow through with their processes?
GBD _________________ Register today to encash debtcc points.
howdy shazz, This sounds like a tough situation Sad is there a reason why you let the time lapse between march 25 and april 21 with no response from the judge? Why didnt you go down to the courthouse and get a copy of it?
Its a cat and mouse game~you have to be the cat and cover your bases. Not having a copy of the original complaint and allowing a month to go by from the time you requested doesnt sound like its going to hold up.Is that going to be your defense?
sorry shazz~ but i would never register with this sight so I wonder how you think you know who I'am actually I hang out on creditboards ~touche and good luck _________________ Register today to encash debtcc points.
sorry shazz~ but i would never register with this sight so I wonder how you think you know who I'am Laughing actually I hang out on creditboards ~touche and good luck
Shazzers, please don't continue bantering back and forth with this @$$-clown! You really don't have to explain yourself to him at all. It is pretty obvious to me this person knows who you are and is taking great delight in tormenting you.
Guest, why don't you go back to the credit boards you hang out on then? Or are they mean to you there, because you're a addle brained moron, and you figured you could come over here and torment someone to make yourself feel a little better. What a cowardly little piss-ant you are by having to hide behind an anonymous "Guest" screen name. Just don't have the stones to register here, do you? Easier to be an anonymous rabble rouser, when you don't have to face us as an actual registered user?
Grow up, coward!
Shazzers the situation is what it is, you just have to deal with what is going on at the moment and try working through it. Don't waste time worrying over what you didn't do, and trying to justify yourself to some joker in this forum. I'm hoping Skydiver or JCEMT can offer you some advice as they seem pretty up on things like this, a lot more so than me.
In the meantime, I'm in your corner and you can count on me for support!
Shazzers, please don't continue bantering back and forth with this @$$-clown! You really don't have to explain yourself to him at all. It is pretty obvious to me this person knows who you are and is taking great delight in tormenting you.
Ah well, I don't care, I'm pretty sure it's someone I talked to last week, there are reasons why I say this. He is saying the exact same thing he said to me in his office last week when he turned me down as a client. IF, it is the person I suspect it is. I told him about this website, may have been a mistake.
Shazzers, don't be upset when someone has nothing better to do with their life than attack others--don't bother responding, it's not worth it. I have been attacked by members and guests alike.
AS far as your case goes, If you have paperwork stating that this has never been validated, you may try that, won't hurt. Also, I know some attorneys here in town do a first visit free. I sounded pretty pityful one time and called one and told them about the bottom feeder I was working with.
I would try to go to the court house and see if you can get a copy of it, also, hopefully you kept a copy of the letter you sent the judge.
If the judge hasn't responded, you can go to their office and leave a note that you are following up with this and now they are doing another judgement,don't know if it will help, but won't hurt. I also did this one time and it helped me with something I was working on.
Good Luck--let us know what happens..KAren _________________ As long as you are alive, there's always hope
Oh yeah, I think I remember reading about your experience with that attorney in another thread. If he's using the same "catch phrases" he used on you when you met with him, he may also want to look into getting some new material.
Seems pretty unprofessional, if not unethical for him to come on here and behave that way. But he's probably one of those attorneys that thinks the rules and laws don't apply to him. He should be careful though, IP addresses can be traced, so he isn't as anonymous as he would like to think or hope he is.
AS far as your case goes, If you have paperwork stating that this has never been validated, you may try that, won't hurt. Also, I know some attorneys here in town do a first visit free. I sounded pretty pityful one time and called one and told them about the bottom feeder I was working with.
Oh man, this is just so depressing. I will try the validation letter that was never replied to. I am also questioning the amount. I didn't think CA's could charge interest and fees, I thought they were required to have a license as a lender in order to charge interest and fees. I have been searching and searching in the Ohio revised codes trying to find some loop hole, or law that states CA's must have a lenders license in order to charge fees & interest but so far no luck.
Bossy4455:
Code:
I would try to go to the court house and see if you can get a copy of it, also, hopefully you kept a copy of the letter you sent the judge.
Oh yes, I have a copy that I sent to the Judge. I have everything. (except the original complaint! lol)
Bossy4455:
Code:
If the judge hasn't responded, you can go to their office and leave a note that you are following up with this and now they are doing another judgement,don't know if it will help, but won't hurt. I also did this one time and it helped me with something I was working on.
Oh yeah, I think I remember reading about your experience with that attorney in another thread. If he's using the same "catch phrases" he used on you when you met with him, he may also want to look into getting some new material.
Seems pretty unprofessional, if not unethical for him to come on here and behave that way. But he's probably one of those attorneys that thinks the rules and laws don't apply to him. He should be careful though, IP addresses can be traced, so he isn't as anonymous as he would like to think or hope he is.
OK, here is something interesting, I have been reading the FDCPA and am having trouble interpreting this particular passage:
A debt collector may not use unfair or unconscionable means to collect or attempt to collect any debt. Without limiting the general application of the foregoing, the following conduct is a violation of this section:
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(1) The collection of any amount (including any interest, fee, charge, or expense incidental to the principal obligation) unless such amount is expressly authorized by the agreement creating the debt or permitted by law.
To charge interest & fees they must have proof that original contract or credit card agreement allows them to do so. Some states also will not allow interest without a license from the state. Since they never validated I would go to court and explain to judge that you are a courthouse virgin who is trying to answer these allegations and also demand from judge that they either satisfy court that they have the proof to win their case on merits or dismiss it with prejudice. _________________ Cajunbulldog
Keeping an eye out for consumers.
http://www.ftc.gov/os/statutes/fdcpa/fdcpact.htm#809 http://www.ftc.gov/os/statutes/fcrajump.shtm http://www.debtconsolidationcare.com/forums/about216.html
Use this letter to protect your rights under the FDCPA
11-23-07 Fico EQ 762 EX 770 TU 769 New accounts dropped score.
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is there a reason why you let the time lapse between march 25 and april 21 with no response from the judge? Why didnt you go down to the courthouse and get a copy of it?
