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"Case dimissed....with prejudice..."

Date: Tue, 09/08/2009 - 10:53
Submitted by wai9813 on Tue, 09/08/2009 - 10:53
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I thought I would post some good news. After 7 months of self represented legal battle, the so-called, I got my 3 year-old judgment vacated on April. Got the case dismissed with prejudice today, 9/8. The plaintiff is Chase represented by Cach. How did I win?

Easy, sort off. These so-called attorneys from the CA never had their papers in order. They thought it was easy money once a judgment was entered against me. When I caught their ass lying in their Affidavit of Service by reviewing the history of the case, the judge granted me the motion to vacate the judgment. They claimed they served the summon to my wife when in fact I was and am still single. Straight hardcore fact. Nothing circumstantial. So, the case was reheard on 7/9. Before the first court appearance, I already requested documents from the plaintiff, certified mailed. He claimed he never receieved it. So, right before the judge, I handed him a copy of my request for documents. The judge gave him until 8/28 to produce them. He wanted more time. Judge said no since he had 3 years to produce these documents. Today came. He didn't show up or he got FIRED??? Someone was representing Chase. Well, I didn't receive a single document from him since 7/9. The judge just dismissed the case with prejudice.... Now, we are talking about more than $5000 alleged debets here. The CA thought that it was easy money and have no paper works for them. They thought I was an easy target just because I never had a single word with the CA.


Quote:

Originally Posted by paulmergel
i love hearing stories like this.it shows that you can beat a bottomfeeder.congrats my friend.



Whoever the agent representing the plaintiff mumbled something about they were still waiting for the "backup documents...." :) I guess they meant they needed more times to find ways to "fabricate" documents to support their allegation... :p


Submitted by wai9813 on Tue, 09/08/2009 - 11:17

wai9813

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Very impressive my friend and I want to thank you for posting this. Many people feel overwhelmed with any situation involving court so I hope this encourages people to stand on their feet and not give up in these situations. I hope you had a few beers or mixed drinks to celebrate!


Submitted by on Tue, 09/08/2009 - 11:57

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Quote:

Originally Posted by Anonymous
Very impressive my friend and I want to thank you for posting this. Many people feel overwhelmed with any situation involving court so I hope this encourages people to stand on their feet and not give up in these situations. I hope you had a few beers or mixed drinks to celebrate!



Drinks? Of course... :) I also have to thank the Judge. I am in NYC. It seems judges dealing with civil cases concerning with consumer debts are very understanding...... I still remember what he told everyone in the court room on my first court date. He said we should not trust the plaintiff because they are representing their clients, not us. The lawyers for the plaintiff would give you advises on how to handle the case. I saw plenty of time that the defendants would eagerly accept the terms they set out. The defendants were really trusting the plaintiffs..... Me? I avoided all conversations with that the so-called attorney from Chase as much as possible. Be as mean, cold, and rude to him as possible. I wanted him to feel fear just by looking at me. :p He was sitting outside the court room stone cold after the end of our first court appearance......because the judge forced him to produce documents by 8/28. I knew I won the case back then.


Submitted by wai9813 on Tue, 09/08/2009 - 12:13

wai9813

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Ah yes, it is nice to see a consumer win. I had a bit of a different situation. My original debt was sold and then placed by this buyer with a collection agency in my state. I sent a DV letter immediately. 2 months later nothing. The CA started calling and acting all coy like they had me by the balls telling me they talked to the owner and they said they were just gonna sue me. What they didn't know is that years ago I did a short stint as a COLLECTOR. I proceeded to pass go and contact an attorney who promptly filed suit on both the buyer and the CA. This was settled before it went to court. They CA paid my atty fees and signed a check for a couple hundred bucks and returned the account to the buyer and removed the marks from my CR. The buyer soon offered a settlement. Paid atty fees and ended the debt as well as removed the offending entry on my CR. I had a $7000.00 legit debt reduced to a few hundred in my pocket just by getting an atty. It is funny tho because I had the money to pay the debt I just wanted to make sure I was paying the debt to the correct people. All they had to do was deal with me in an honest manner and they would have made a bundle. Oh well so sad for them. I am now pretty much out of debt and plan on staying that way.


Submitted by on Tue, 09/08/2009 - 13:58

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Excellent! These collectors wouldn't last a day if people would line up and sue them to the ground. It's only profitable for them to ignore the law because most people will just let them get away with it. It's great hearing from people who fought back! Hopefully it inspires even one person unjustly pursued by one of these monsters to fight them and turn the tables!


Submitted by Chrys Henderson on Tue, 09/08/2009 - 23:56

Chrys Henderson

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