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Please wish me well!

Date: Wed, 09/06/2006 - 18:33

Submitted by polly
on Wed, 09/06/2006 - 18:33

Posts: 1709 Credits: [Donate]

Total Replies: 38


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


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!


lrhall41

Submitted by polly on Thu, 09/07/2006 - 19:15

( Posts: 1709 | Credits: )


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.


lrhall41

Submitted by polly on Thu, 09/07/2006 - 19:29

( Posts: 1709 | Credits: )


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.


lrhall41

Submitted by polly on Thu, 09/07/2006 - 19:54

( Posts: 1709 | Credits: )


I only successfully e-mailed 1 letter to Xpress Cash/PD6 Ventures and the aliases go on........yesterday haven't heard anything back yet. I don't have e-mails for the others, and my printers not working. They have yet to respond and the AG's office even spoke with them, they told him they'd call me right away, well they didn't. So i'm wandering what's going on with them since my e-mail letter and the AGs phone call about my complaint. I went to the library to print them but my files won't open up on their program. I'm hoping to get e-mails for the other internet pdls to get out the letters.


lrhall41

Submitted by WHEREAMI? on Thu, 09/07/2006 - 19:59

( Posts: 5263 | Credits: )


1.VC Funding (no phone calls as of yet)
2.Ameriloan
3.Cash Supply (I have general e-mail from websit, I don't think it goes to anybody important)
4.Xpress Cash (I've e-mailed Brad Weathers a letter and the AGs office actually spoke to him, he said I'm a good customer. LOL)
5.ASAP

I paid off World Wide Cash, but went ahead and filed a complaint with AG against them as well.


lrhall41

Submitted by WHEREAMI? on Thu, 09/07/2006 - 20:05

( Posts: 5263 | Credits: )


Also, Polly if they do go to move it to civil,it would cost THEM more money too,is that right? I know when I talked to an atty.,in regards to LVNV,they told me they had to go thru District court,since they weren't the oc,and that would cost them more money to pursue-Good Luck-go all the way :D ...Karen


lrhall41

Submitted by Bossy4455 on Fri, 09/08/2006 - 16:40

( Posts: 5854 | Credits: )


It's too bad I didn't know about this earlier. I have a friend that just graduated law school that lives in the same state as you do. I could have probably urged him to go just for fun, even though he does NOT want to practice law. Sort of funny if you ask me. But none the less, I hope everything turned out okay...since this message is late.

Regards
Mike


lrhall41

Submitted by Teleport on Sat, 09/09/2006 - 09:22

( Posts: 1388 | Credits: )


hey polly, the reason the judge did not dismiss waslikely based on the inaccurate filing and your very accurate accounting of what occurred. He was likely obligated to allow time for you and the @^!$@ to clearly outline the case so that he can be sure of rendering a correct opinion... side note, here the fact that the judge took the time to discuss the issue in the manner he did is very very encouraging


lrhall41

Submitted by jj on Mon, 09/11/2006 - 11:30

( Posts: 1057 | Credits: )