Lio asked 1 week ago
Hi Fellow Parker Deciples,
I just had my first hearing today. I'm sharing my experience to help others in similar lawsuits, and I welcome any advice or insights from those who've been through this. I spent 4-8 hours a day over the last week preparing for my motion hearing, calling the clerk everyday to check for ARI's response to my motion. I was feeling strong since they hadn't filed a response, until yesterday, when I discovered they submitted their response two days before the motion hearing. The clerk stated they sent it by mail, but I hadn't received it yet. When I requested a copy, the Clerk said that it was not available until processed, but that the judge would still see it. So I prepared last night for two scenarios: (1) if their response contained substantive materials or counterarguments, and (2) if it didn't, and to proceed with my brief as planned. I didn't expect that the judge wouldn't be able to access it...
Summary of my case at this stage:
(1) Served the Summons and Complaint on 9/28/25 - no affidavit, no bill of sale, no documentation. I'd never heard from ARI before, making this lawsuit their "initial communication" under the FDCPA.
(2) I sent an FDCPA Violations and Validation Demand letter on October 9 (return receipt signed 10/16):
(a) Documented several violations of 15 U.S.C. §1692: public disclosure (§ 1692c(b)), standing deficiency (§1692e(2)(A), § 1692e(10)), account stated misrepresentation (§ 1692e(2)(A)), and 15 U.S.C. §1692g for failing to provide mandatory written disclosures within five days of initial communication.
(b) Demanded Cease and Desist (collection efforts, credit reporting, and withdraw the lawsuit), full documentation (itemized) and cure to violations (written acknowledgement, pay damages, expunge reporting).
(3) I e-filed a Motion to Dismiss, or in the alternate, Motion for More Definite Statement (filed 10/16) in response, exactly 21 days before the motion hearing date.
(4) I received Stenger's deficient "validation" response, with cover letter and enclosures:
(a) Cover Letter: US Bank's address, the account opening date (already stated in the complaint), an alleged date of charge-off, and stated that ARI would report it to the credit bureaus. The debt has already been on my credit report since 2023.
(b) Enclosures: One credit card statement of the alleged account from the original creditor, and a generic terms & conditions for the type of account alleged.
(5) I discovered on 11/5 that Stenger filed a response to my motion on 11/4 (two days prior to hearing), and served by US Mail on 10/31. The clerk stated that she couldn't email it yet, because it was still being processed, but that the judge would have access to it in the hearing.
So the judge wasn’t able to access their response. I said I'd only discovered yesterday that they submitted it two days ago, that I didn't have it yet either, and that if their response was substantive that I’d need time to review it, but if not, that I'm ready to move forward. The judge stated she'd need everything before ruling on my motion. She then offered a "breakout room" for the parties to discuss the case, but I declined, feeling unpreppared for this unexpected scenario. Since I lacked any further response, the Judge swiftly scheduled next hearing for 12/10, providing them with another month to get their act together.
Post-hearing, I'm disappointed that I didn't do more to stand my ground. I immediately thought of everything I could've stated:
(1) "With all due respect, Your Honor, the Court would be unlikely to provide more time for Defendant's response to the Complaint; the Plaintiff would seek a default judgement with immediacy."
(2) "Your Honor, I'll point out that my motion was served to the Plaintiff electronically through MiFILE, and that mailing their response was likely a delay tactic to slow due process and create confusion about deadlines - procedurally questionable behavior."
Live and learn, I guess. Has anybody been in a similar position? Did you bring these points up in the next hearing, or find some other strategy to put their feet to the fire? I'm interested in anything you can add to this dicussion. Signing off to seek advice from ParkerGPT!
Best,
Lio
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I learned to monetize my craziness. I think in scenarios and scenes that have never happened to see how things will go or pan out. Sometimes when I get to a trial or deposition, I have already heard their answer in my head. Yes, that’s weird but it helps prepare me for the fight or motion. I don’t want you walking away wishing what could have been. Just sit somewhere without distractions and imagine yourself going through whatever event that is upcoming and start asking the questions or making the statements with the people in the room of your mind. Write down those questions and also, figure out their answers or responses you imagine they will say to avoid a good response or not what you wanted. Then create an answer to that. It works in law and in life. We all walk away from situations or conflicts wishing we could said other things. So, visit the situation before it happens. Tap into your imagination skills for greatest success. It is a vision quest of sorts. You are never going to walk away completely satisfied but you don’t want to walk away unhappy with your performance. I get what you are saying. It’s a new situation. I would have demanded he motion go forward-you were responsible in doing your job. Next time, take on of my Check Sheets with you (filled out). Great for arguing on the fly. But anyway, practice in the mind before moving your questions or arguments to the voice.
Thanks for the pro tips, Mr. Parker. I visualized all scenarios I could imagine, creating 7 pages of answers to potential Plaintiff counterarguments, questions from the judge, and other obstacles. The clerk’s misinformation about the judge’s access to unprocessed filings was unexpected, so I quickly became apprehensive to debate the judge’s decision and risk first impression as a contentious or uncooperative litigant.
Your Court Appearance and Motion checklists were helpful. I simply lacked the context and experience in court hearings. Judge’s clerk told me that the judge has no “regular” days for civil litigations or motion hearings, and the court calendar contained no motion hearings prior to my hearing. Lessons learned: clerk might provide inaccurate info, and I must strongly advocate my defense, no matter what.