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Originally Posted by JudyKayTee

I would suggest that you post this as a new question, not under the "proof of service" caption.

As far as Capone letting it go this far - they think you owe them money and they want you to pay it. I'm sure that's their side and they think you are taking things too far. They probably wonder why you let it go so far that they had to sue you and that it has to go on your credit report. Seems like hurting yourself to prove a point.

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Not true at all. I called capone, asked for a person in authority, a supervisor. I got nowhere. I have a list of names, date and time of day, nothing happened. When i discovered the mix up, i told them that the balance was wrong as i have paid over half of it previously.

In fact, the first time i got a collections call - i actually settled with them as they said they can act on behalf of capone. I am taking this record to court with me during settlement talks. This is why i can't just pay anyone now. I want my payment properly credited to the account.

Again - the burden is on the plaintiff to prove that you owe a certain amount of money. If the plaintiff says defendant owes, and defendant says prove that i owe 20 bucks - the law requires that plaintiff prove the debt. Im sure capone will come up with documents. It better sum up to what they claim i owe.

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Originally Posted by JudyKayTee

All out of greenies - BUT I'm in Court probably 15-20 times a year on a claim of bad service. As I've said, I've never lost one BUT I've seen Judges really annoyed by people who research the Internet and get into Court and begin to "quote" the Law to real, live Attorneys. I've seen Plaintiffs embarrassed by Judges (usually along the lines of, "How long have you been practicing law without a license" and/or Judges citing cases or quoting complicated sections of law, asking the Plaintiff for his/her opinion, finishing with, "So do you owe the debt or not"). Usually also takes any chance of a settlement agreement right off the table.

I ALSO APPEARED PRO SE BEFORE A JUDGE DURING MY DIVORCE AGAINST MY EX-WIFE REPRESENTED BY HER UNION ATTORNEY 14 YEARS AGO. I WAS THE PLAINTIFF. I SPENT TIME AT THE LAW LIBRARY PULLING OUT CASE LAWS APPLICABLE TO MY CASE. THE JUDGE WAS ACTUALLY IMPRESSED AT HOW PREPARED I WAS. I DID MY BEST TO BE RESPECTFUL AND CAREFUL WHEN TRYING TO MAKE A POINT.
MY EX-WIFE'S ATTORNEY WAS SALIVATING AT THE OPPORTUNITY TO EMBARASS ME.

YOU KNOW WHAT? I WON A JUDGEMENT IN MY FAVOR - THE JUDGE ENCOURAGED ME AND HER LAWYER TO COME TO AN AMICABLE SETTLEMENT OF DIVORCE. HERE IS THE KICKER - I WON CUSTODY OF MY TWO KIDS. AND IM A GUY. TO ME THATS A VICTORY, THOUGH TECHNICALLY, IT WAS A SETTLEMENT. HOW MANY GUYS EVER WIN CUSTODY OF THEIR KIDS?

WITH THIS DEBT ISSUE - THE WORST THAT CAN HAPPEN TO ME, IF I LOST IS THE JUDGE WILL ORDER ME TO PAY UP. AND I WILL. BUT IM SURE AS I AM TYPING HERE THAT THE JUDGE WILL NEVER ORDER ME TO PAY THE AMOUNT THE PLAINTIFF ALLEDGES I OWE, UNLESS THEY CAN PROVE IT TO THE JUDGE'S SATISFACTION. BECAUSE THATS AGAINST THE LAW AND IS FULLY PROTECTED UNDER STATE AND FEDERAL STATUTES. I ALSO KNOW THAT IS GROUNDS FOR APPEAL. AND JUDGES HATE THEIR DECISIONS BEING OVERTURNED BY THE COURT OF APPEALS AS THAT IS A TARNISH IN THEIR RECORD ON THE BENCH.


As you said - these are rubber stamp cases and arguments where there is no basis just serve the purpose of making the creditor very difficult to deal with. I think with some of these the Attorneys very vigorously pursue collection Judgments where they might let it ride for a while just because they've spent time (which is money) on nonsense.

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In fact - after reading up on your comments, i decided that i will just be passive during the traverse hearing and maybe even offer to withdraw my request for it, and proceed on to validation and discovery. Basically, im saying bring it on and lets get this over with.