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Filed Federal Lawsuit 2/15 10:05am Pro Se

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Would you like a sip of water?  "Judgement Notwithstanding Verdict?"

 

Please don't get me wrong, I totally appreciate your argument...

 

See, the only problem with a Judgement Notwithstanding Verdict is...

 

In order for it to be applied, the Defendant's would have to file a motion for judgment after all evidence has been presented...So in my case lets say 9/26 until a trial date. Now the Defendants do not have any evidence to support their 2 affirmative defensives that a) Plaintiff failed to state a claim upon which relief may be provided, :) Bona-fide error. Now if all the evidence is in my favor at this point what are they going to possibly request judgement for? I don't believe they could muster up a case at all now, let alone submit a motion for judgment.

 

So if they cannot properly submit and argue a judgment motion, prior to the trial date then they cannot try and use "Judgement Notwithstanding Verdict"

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Now the question is, is it possible to teach jurors about credit reporting and such in one day? Does anyone honestly feel that a jury would decide in favor of the defendants? I really mean that... If it was you on the jury how would you decide?

 

 

I think most people on a jury are reasonably intelligent. If you can show that the information onyl had one way to report to be legal, and Palisades chose to ignore the laws and report it in an illegal manner, then yes, you can teach a jury about credit reporting. Even before I found CB and became a much more informed consumer, I would not have found in favor of Palisades. Just be prepared to show a jury what the LAW says is the legal and correct way to report the acccount, and that Palisades knowingly and willfully ignored the LAW regarding the reporting. Juries like to award to individuals when they can show the other side KNEW they were breaking the LAW and did it anyways.

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Asta Funding Purchases Portfolios Totaling $821 million in Current Quarter

 

September 15, 2005

 

American Alliance of Creditor Attorneys 7201

Asta Funding, Inc., a leading consumer receivable asset management and liquidation company, today announced that the Company has purchased distressed consumer receivable portfolios aggregating approximately $821 million, for a purchase price of approximately $22 million for the quarter to date.

 

Gary Stern, President and Chief Executive Officer, said, "We are pleased to announce the closing of these purchases, which are composed of credit card, telecom and other consumer debt and look forward to adding other portfolios in the future. With this acquisition, Asta has purchased $3.1 billion in face value receivables for fiscal 2005, which ends this month."

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What I am saying is that a judge can go completely against the jurys findings.  And, with too high of an award, Palisades goes 11 and reemerges under a different name. 

That'll work. That's what put RMA under. Their largest debt was attorney fees. :rofl:

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What I am saying is that a judge can go completely against the jurys findings.  And, with too high of an award, Palisades goes 11 and reemerges under a different name. 

That'll work. That's what put RMA under. Their largest debt was attorney fees. :blink:

 

Thats why we have co-defendants, to bleed money out of everyone LoL :dntknw:

Edited by RealtorKen

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Time to ask yourself, do I want a pound of flesh or do I want money.  Start at 250K and they have no choice but to litigate.  You will win in court but how much?  Does he judge believe that there was at one point an underlying delinquency that started this--unclean hands.  Also, there is a reason we have 300 news vans surrounding the Atlantic County CH covering the Vioxx trial, Federal Court awards are dramatically lower than State ones.  If you are looking for a piret(SP) victory, go to trial, you will get one.  If you want to be compensated for your trouble, go in at @75K and see what they have to say.  You put in the time and sweat now you need to seriously consider what the reward you are looking for is.

 

I dont believe RealtorKen ever was in for the money...Yes To at least breakeven or slightly ahead, It seemed to me that the original focus was to get them to report correctly or to remove it. Then when they ignored the LEGAL procedures to induce them to see the light....Then due to their blindness to open their eyes....THEN finally in hopes of setting CASELAW.... and at this stage a little pocket change for the trouble they caused!!

 

SO a 1/2 Pound for expenduatures and ect, 1/2 pound for pain,worry, avergation, and the forced education....

 

Some extra money for Damages...

 

NEW CASE LAW?????

 

OH! AND A YEARS WORTH OF VACATION FOR KEN!!!

 

YA, that seems fair......I think a jury and the judge would go for the numbers KEN has.... and a little more!!!!

 

 

JUST MY 2cents of reasoning!!!

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RealtorKen,

 

Its Thursday the 22nd - just 2 business days away, and I, as I'm sure many other CB members, am getting antsy waiting for the 26th.

 

The way I see it, if they comply with the discovery order (I personally don't think they will) it looks as if they are going to hopelessly perjur themselves and will wish they took the judges advice to "settle this thing" before it goes much further.

 

Just curious if they have in any way realized their situation and have hinted at a settlement, called, wrote, etc?

 

Did you ever begin to think that you'd have people across the US hanging on your every post? Skipping our lunch breaks waiting for your "just got back from court" reports?

 

Keep at it my friend, you have aquired a huge following for doing what most of us never had the cajones to undertake.

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RealtorKen,

 

Its Thursday the 22nd -  just 2 business days away, and I, as I'm sure many other CB members, am getting antsy waiting for the 26th. 

 

The way I see it, if they comply with the discovery order (I personally don't think they will) it looks as if they are going to hopelessly perjur themselves and will wish they took the judges advice to "settle this thing" before it goes much further.

 

Just curious if they have in any way realized their situation and have hinted at a settlement, called, wrote, etc?

 

Did you ever begin to think that you'd have people across the US hanging on your every post?  Skipping our lunch breaks waiting for your "just got back from court" reports?

 

Keep at it my friend, you have aquired a huge following for doing what most of us never had the cajones to undertake.

 

agreed... nail 'em to the wall!

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You people are too funny! What a great bunch we have here, thanks all!

 

 

I agree with you Hunter.

 

If they actually provide all this crap to me before the 26th, you gotta think they are going to trial.

 

I have talked to them once since the hearing. I called their attorney to let him know to call when he wants to come to my office. As you remember, at the hearing he wanted to see my un-redacted CR. Since it was for his eyes only, I decided he can come to me to see it.

 

 

The way I am looking at it is, I have 2 months left in this case. I think the court will give me a November trial date perhaps even sooner. You figure our Final Pre-Trials summaries are due by the 30th, so it can't be too much longer. I would think that the judge would try and move my next motion for summary judgment along very quickly but who knows.

 

I will let you know when I get todays mail.

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Ok just stopped home to check my mail unfortunately I did receive something...

 

 

 

 

 

 

 

 

 

 

 

An Aspire Credit Card App LMAO

So nothing from the Defendant's today... So now the question is, how soon after the deadline should I file my motion for sanctions.

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I'd personally (since I always want to show a judge that I'm reasonable) give them mailing time...so 2-3 days....unnless, the order stated specifically that you must receive it by Monday...

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I'd personally (since I always want to show a judge that I'm reasonable) give them mailing time...so 2-3 days....unnless, the order stated specifically that you must receive it by Monday...

 

Well it says:

 

* to answer interrogatories by 9/26/05

 

* What info was transmitted by defendants to CRA, dates of all communications... To be FILED by 9/26/05

 

*

 

Phone just rang...

 

On the phone w/him right now.....................................

 

 

Ok, I have a meeting set up on Monday morning at a mutual location halfway in between us.

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I suspect the meeting will start something like this:

"umm... yeah, we've got this here check and an NDA for you..."

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Well, things are gonna get interesting...Looks like we are going to trial!

 

If they were willing to tell me how much they paid for the entire portfolio, their willing to go to trial.

 

Time to really start boning up on court room techniques

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You should plan on reading the Nolo Press Books Represent yourself in court and The deposition handbook

 

You should also plan on quickly filing any pre-trial motions - i.e. the motion for partial summary judgment - after receiving the discovery responses as the court is likely to give you a trial date in the near future.

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