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Posted: Wed Sep 06, 2006 6:33 pm Subject: Please wish me well!

I go to court in the morning (pre-trial conference) for one of my storefront PDL's.

Argument is prepared, guns blazin! I am ready! I am not backing down! Just say NO to settlement offer! LOL

Posted: Wed Sep 06, 2006 6:47 pm Subject:

Good Luck Pollyandsay! Do you have more than one storefront taking you to court? I would be so scared, you are brave!

Posted: Wed Sep 06, 2006 6:57 pm Subject:

You go girl!! You are THE BOMB!!!!!!!! Take the douchebags DOWN!!!!!!!!! Let us know what happens!

Posted: Wed Sep 06, 2006 10:56 pm Subject:

Go get 'em girl!!!!!
Take NO PRISONERS!!!
TO-WANDAAAAAAAAAAAAAA

Posted: Thu Sep 07, 2006 12:44 am Subject:

You got me in your corner,girlie! Stand up for your beliefs and what you know is right.Good Luck-let me know what happens Very Happy

..Karen

Posted: Thu Sep 07, 2006 4:54 am Subject:

Hey girlie!!! I'll be thinking about you! Text me when you get done, I'll check it on my breaks. Smile

Or call me tonight if ya want.

Love ya!

Posted: Thu Sep 07, 2006 7:32 am Subject:

good luck polly go get em

Posted: Thu Sep 07, 2006 8:03 am Subject:

GL Polly.

Posted: Thu Sep 07, 2006 1:26 pm Subject:

You got 'em!!!!! I'll call ya tomorrow afternoon from work..I'll be crossing all my fingers and toes for you!

Posted: Thu Sep 07, 2006 7:15 pm Subject:

Ok...

Nobody from the PDL showed up! Now you are probably all thinking case dismissed, right? That is what I was thinking too. The judge called me into his chambers, and he wanted more details regarding the transaction itself. I had assumed that the PDL provided a copy of the contract to the court...wrong. The small claims filing that they had filed only stated 'NSF check'. The answer that I had previously wrote was working under that assumption. He has given me 21 days to rewrite a answer with a copy of the contract and a detailed account of how the transaction was in violation of the laws that I had cited in my initial answer. He also reserved me the right to file a pre-trial motion to dismiss. The PDL will be given 10 days to respond to my answer once I submit it.

I am actually quite happy that this has turned out this way. If a judge will grant my motion to dismiss based on all of the information that I provide, this will be a step toward setting a precedent.

If this case does go to trial it will be interesting to see if anyone from the PDL will show up for that! I am quite certain that a no-show for the actual trial on their part would equate to a dismissal.

So the saga continues! I'll write my answer this week-end and file it as well as the motion to dismiss on Monday. I'll keep all of you updated!

Posted: Thu Sep 07, 2006 7:18 pm Subject:

That is really good! I would think that if the pdl didn't show up that you would get your dismissal. Because if you hadn't shown up and they did, wouldn't they have gotten a judgement by default? They must not want their money too bad.

Posted: Thu Sep 07, 2006 7:29 pm Subject:

Amy, that is what I was thinking too. Judges have the discretion to dismiss or not dismiss. I am guessing that he chose not to because today was a pre-trial conference. I also think that because he is a temporary judge for this court, while the real judge is 'playing golf in scotland' may have some bearing.

I am not dissappointed at all. I was actually hoping that someone would show up. The reason that I am fighting this is because I want to light a fire under some butts in Lansing.

I am thinking that the PDL did not want to hire a attorney to represent them in the civil court. (May not be cost effective.) You see they filed the suit in small claims, and I filed the paper work to have it moved to civil. The majority of people that they sue probably are not aware that they have the right to do this. In small claims court the PDL does not need a lawyer to represent them.

Posted: Thu Sep 07, 2006 7:35 pm Subject:

You have got guts. Are all your pdls storefronts? So you are actually going to be in civil court then?

Posted: Thu Sep 07, 2006 7:54 pm Subject:

I had 4 internet loans that I settled with within 24 hours of faxing letters too.

I have 6 store front loans outstanding. One company I filed complaints against with the AG and OFIS, because there contract was fraudulently written. I assume that they are not pursuing any collection or legal actions against me, as I have not heard from them since late February.
One is using the notorious Legal Mediation Practices as their collection agency. I have documented everything thus far that this company has done in violation of the FDCPA.
One violated Federal law by placing a unstamped envelope in my mailbox, which I reported to the postal inspector. This one is still in collections, and I receive a notice every couple of months regarding it.
I assume the rest are in collections as well, although I have heard nothing from any of them in months. This one is the first to pursue legal action.

I was advised by a attorney at the Michigan Poverty Law Center to file the papers to have the case removed from small claims. PDL's typically do not pursue cases in the higher court, and if they do, as a defendant I have the right to appeal if the court finds in favor of the plaintiff. If you lose in small claims, you cannot appeal.

Essentially everything in MI law prior to June 1 2006 made PDL's illegal. I am hoping to get a MI judge to find that they were indeed illegal, similar to what occured in Alabama.

Posted: Thu Sep 07, 2006 7:55 pm Subject:

You are my hero, Polly! And if it does go to Civil, all of their lovely illegal collection practices will come to light! I love it! Get the douchebags!!!!!

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