I wanted you to hear about this so you have one more arrow in your quiver, as I feel it is unique based on what I have learned from you.
First Thank You, you have been an amazing inspriration in taking on these undeserved bullies.
I have two cases pending in front of LVNV here in Florida. The one I am discussing here is a CC case where first, the LVNV lawfirm Consuegra & Duffy failed to serve me the paperwork within the time given to them. The judge, instead of dismissing the case for lack of service gave them an extension to attempt service again, which they did.
Their initial packet included;
- 2 random CC statements (Not sequential), a generic Bill of Sale, which by the way was dated a day later than the actual transfer & assignment document. So basically they transferred the file to LVNV before the Bill of Sale gave them ownership. And they suppled a hearsay form that shows the single line receivables Data File that shows no proof it is associated with my account.
I may have gotten a little cocky with this and noticing what little they had I filed a motion to dismiss with prejudice, outlining all the faults in the case based on information I had learned from you and others. The judge denied the motion to dismiss and we moved on to mediation. I realized mediation was nothing more than a negotciation of guilt, so as everyone was playing hard ball with me, I decided to go nuclear at mediation and requested arbitration at the mediation, I filed a motion to compel for mediation as well supplying the CC agreement and seperate clause as exhibits. By this time I felt, there was a prejudice against the ProSe as I was about to make them look very unprepared, which is why i opted for arbitration. So mediation was quick as a result, during the mediation the lawyer said to me that the judge would not accept the arbitration, I blew it off as intimidation. Well just a week later I see notice that the judge indeed denied the motion to compel arbitration. At this time I waiting to see if I can get an actual reason as to why and try to appeal. Regardless, I continue to fight undeterred, however, I fear that there may be prejudice in this case and they will indeed cling to what little hearsay evidence they have to rule against me.
I will be happy to keep you informed as this falls under unusual by all accounts. Please do not think that I have not become a member of your service because I do not think it has value, rather I am in a financial situation at this time where I simply cannot afford the service and why I am fighting this head on. I also do not believe in an indiustry that is thriving on a process where companies write off the debt as loss and others pick it up to make millions through intimidation, (The Debt Collectors).