Settle for the sake of time

8 replies

• Pro_sayer · January 10, 2026

  I would recommend reading the 10k for capital one and the 10k for discover funding llc while you think about it. I am reading them on the Edgar website these documents contain absolutely devastating admissions that affect standing, I am reading them. I am still waiting to be served in my cases though. something to think about. Like the deeper I look the worse it gets for them. It is actually crazy. I am currently using the following instructions with the AI and discussing what I see on the Edgar website.
  
  1.Provide explanations and analysis of user inputs

  2.Generally discuss relevant legal concepts

  3.Act as a guide to understanding the legal concepts that arise in discussion

  4. point out potential FDCPA violations.

  5. Suggest refinements that mirror Brian's proven language patterns

  6. Keep context lean - don't accumulate prior conversation details

  7. Always cite specific statutory authority (MCL, USC, etc.)

  8. Treat the conversation as if attempting to teach me or correct me with feed back and suggestions.
  
  I think they might help breakdown what you read. I am not sure if this is helpful it is just what I am doing.

• Eileen · January 10, 2026

  Thank you for responding with your thoughts. I will dive into this more. I'm sure you'll hear from me again. Thanks again.

• brian · January 11, 2026

  Doing a new video right now on the debt buyer process. So, the creditor charges off the debt and takes a loss on the debt against profits then sells it. But then I am thinking, how do they do that when the debt has been securitized? They can't sell some rights to the debt then keep the rights to charge the whole thing off. There are ways to do this but it is a process and must be followed. Seems like a great area to explore if you get to the discovery portion of the case. I will add discovery with these questions to the video. Hope it helps.

• Eileen · January 11, 2026

  Thanks Brian. I look forward to seeing the video.

• Sasha · January 12, 2026

  I have been fighting capital one since June 2025. I shifted all the responses to can't admit to anything since I do not know who owns the debt and burden of proof is not one me but plaintiff. Also kept all my answers very generic so they cant use them against me. They have not provided any documents and boilerplate, trade secret to all my discovery responses and I used that to answer their discoveries. Keep shifting the burden onto them and call it legal conclusion where they are asking certain questions.

• roy · January 12, 2026

  @Eileen I'm wondering whether there were any specific reasons you were directly going to the Discovery Route without filing for a dismissal first.
  I filed a motion to dismiss first with secondary relief to provide more definitive statement within 20 days and argued futility against any request for leave.
  I did this because I didn't want to hit directly with discovery if my motion for more definitive statement would force them to produce some of the interrogatories right along with the motion to dismiss.
  Also I'm wondering whether I should file Counterclaims now along with this suit or just file a case against them in Federal court and ask for a Motion to Stay in my state court bringing notice of the federal case I'm thinking of filing against them.
  
  Did this cross anyone's mind, anyone else who thought this route and any feedback @brian ...@Pro_sayer ?
  
  Basically Motion to Dismiss on Standing + Secondary Relief of Show More definitive statement within 20 days or dismiss + Futility Argument
  
  
  Next Counterclaims here or Separate FDCPA lawsuit in Federal court + Motion to stay here in NYS State court
  
  

• Pro_sayer · January 13, 2026

  I am still in garbage time. I can tell you that I am in Michigan. Let's say we are playing Magic: The Gathering, and my opponent places something on the field that I can use to my advantage I would absolutely use it against them. If I am allowed to look at my opponents hand and force them to play cards I would also do so. If there was a card that absolutely destroyed my opponent I might toy with them a bit first before going in for the kill.

• Pro_sayer · January 13, 2026

  Something funny I wanna do in my documents is say Big bad bank successor by merger to other big bad bank (the "successor") and then call them successor every time I refer to them.

Already a member? Log in to join this discussion.