As I’m preparing to leave for my depo Monday night, I’ll send an email to Rep. Porter and Senator Warren. I’m sure that Elizabeth Warren doesn’t have time to read her emails, but maybe I can get through to Katie Porter.
It’s interesting that they don’t like her visual presentation tools. I’ve been thinking about my jury trial and how I’ll have to use a Powerpoint presentation, not only to make it easier for the jury to understand the issues, but also because I can’t remember shit. It’s fantastic to have the slides with your talking points and exhibits.
While it is true that there are problems with the financial and collection industry, their practices, the rules and regs — the biggest problem are the CORRUPT and CONSUMER HATING judges I’ve encountered since I moved from California to Arizona in 2000. The California small claims judges had been very fair and even when the defendants appealed, we did well and were treated fairly, without any knowledge of law and rules.
Nobody knows that the federal rules are ABUSED to unjustly force unrepresented consumers to dismiss their claims?
Even I never gave it much thought.
It’s a given that you’ll get railroaded in Kangaroo courts when you don’t have an extremely competent (expensive) attorney. I always knew that, most people know it, even if they’ve never been in court.
The courts’ corruption is accepted as “normal” by everybody.
I’m DONE accepting the courts’ corruption as “normal.”
Since the court of appeals reversed TWO federal judges in my case, I’ve been looking forward to take this case to the jury.
I’m not even aware of any Arizona attorney taking an FCRA or FDCPA case to the jury or even just prevailing on appeal. But I also haven’t had much time to research.
If I live through the next week, I will be contacting every Arizona NACA attorney again, for the third time. Not to ask for representation, but to get answers to these questions from the attorneys.
Are they awful lawyers?
Are they outspent by the creditors / collectors?
Are the judges not fair?
Are they only interested in quick settlements for their legal fees? If so, why?
Why don’t they litigate issues such as Midland Funding adding interest to chargeoffs for time PRIOR to their acquisition of the accounts?
Why don’t they litigate against collection lawyers like Bursey & Associates for their deplorable litigation practices against unrepresented consumers?
- Promising to email filings to the consumer defendant and then failing to do so, resulting in serious delays to residents of rural areas who don’t enjoy the luxury of mail delivery to their homes.
- Attorney Monica Derrick ignoring the consumer defendant’s emails.
- Attorney Monica Derrick violating the court’s mediation orders (prohibiting attorneys from speaking to the mediator and to the opposing party), appearing without her client and doing ALL the talking.
- Violating the courts’ rules.
- Submitting fraudulent documents to the courts.
- Lying, lying and lying again — to the courts and to the consumer defendants.
The Midland unauthenticated documents and improper affidavits have been litigated ad nauseam for so many years, were the subject of so many class actions, regulatory actions and consent decrees — yet the Midland and Bursey Defendants argue TO DATE that they did nothing wrong during the 2012 collection lawsuit against me.
My local Kingman justice court previously REFUSED to even acknowledge perjury by local attorney Keith Knochel (Bullhead City) in a different case. The Mohave County Attorney’s office advised that I needed to present a police report before they could investigate. So I did. They sent me a letter advising that they decided not to prosecute.
From the Kingman justice court to the federal court in Phoenix, all I’ve seen is prejudice against me — the unrepresented consumer.
Judge Lee Jansen in Kingman superior court told me that I was the FIRST consumer to show up in a collection lawsuit. He granted debt buyer Acarta’s motion for summary judgment. I prevailed in the Arizona court of appeals (rules of evidence, their documents were not admissible).
In the early 2000s I filed several Bar complaints against attorneys. The Bar cleared every single one of them.
As Midland attorney David Kaminski is one of the nation’s top collector / debt buyer defense attorneys, partner at Carlson & Messer LLP and chairman of the class action committee, highly regarded by the ACA (collectors’ association) and active with the Cal. Bar, that will be an especially interesting Bar complaint.
Of course I expect that the California Bar will have no issues with his conduct over the last two months. The lies, the deception – psychological warfare.
While defendant Monica Derrick is apparently no longer a collection attorney, I also plan on a Bar complaint against her. Let’s see what the AZ Bar has to say.
If they let me live …