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Author Topic: Higbee filed complaint, now what?  (Read 2599 times)

linoj

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Higbee filed complaint, now what?
« on: February 06, 2018, 07:25:32 PM »
So I received a letter a while back demanding money. After ignoring them and offered zero engagement, Higbee filed with the court. Spoke to an attorney who said they have 90 days to serve after they file, then I have 21 days after that to respond. Evaluating my options right now for if/when I get served (Do they always?) Oscar program will now cost me at least $2500 because they filed even though I haven't been served, is this correct?

kingkendall

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Re: Higbee filed complaint, now what?
« Reply #1 on: February 06, 2018, 10:50:22 PM »
There's a difference between an intention to file and actually getting a complaint and summons that was filed in federal court.  Higbee likes to send a fake complaint that states the suit and the particulars of what they allege you did.  Is that what you got?  If so, it's just another scare tactic.     

Robert Krausankas (BuddhaPi)

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Re: Higbee filed complaint, now what?
« Reply #2 on: February 07, 2018, 12:11:18 PM »
check your local court docket, to see if they indeed filed. If they did and depending on your scenario, you may consider filing a counter suit, to put their backs in a corner.
Most questions have already been addressed in the forums, get yourself educated before making decisions.

Any advice is strictly that, and anything I may state is based on my opinions, and observations.
Robert Krausankas

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Robert Krausankas (BuddhaPi)

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Re: Higbee filed complaint, now what?
« Reply #3 on: February 07, 2018, 12:27:56 PM »
just looked at docket, only 6 cases filed in 2018, most in January, so chances are good if you are one of them you would have been served already, unless of coarse if your staying low and under the radar...there is nothing wrong with avoiding being served.
Most questions have already been addressed in the forums, get yourself educated before making decisions.

Any advice is strictly that, and anything I may state is based on my opinions, and observations.
Robert Krausankas

I have a few friends around here..

linoj

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Re: Higbee filed complaint, now what?
« Reply #4 on: February 07, 2018, 03:41:56 PM »
They did indeed file. I haven't volunteered any information, and I think they assume it is a much bigger ($) case than it really is. Looking around for representation, but I am sure they will still try to settle. Because I am not in NY or NJ, that means I can't have Oscar representing me, is this correct?

kingkendall

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Re: Higbee filed complaint, now what?
« Reply #5 on: February 07, 2018, 04:50:18 PM »
What did they file?

linoj

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Re: Higbee filed complaint, now what?
« Reply #6 on: February 07, 2018, 05:05:38 PM »
Complaint with the court. There is a case number and judge assigned.

Robert Krausankas (BuddhaPi)

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Re: Higbee filed complaint, now what?
« Reply #7 on: February 07, 2018, 06:41:21 PM »
They did indeed file. I haven't volunteered any information, and I think they assume it is a much bigger ($) case than it really is. Looking around for representation, but I am sure they will still try to settle. Because I am not in NY or NJ, that means I can't have Oscar representing me, is this correct?

You can still contact Oscar, he is admitted in other states and he also has many lawyer friends around the country that can get him in if need be.....In the meantime don't answer the door, change your daily habits, or maybe go an extended vacation somewhere.. One of our older/veteran user never left the house of answered his door for a long time to avoid being served,  the process server got fed up and left the paperwork on the doorstep, which in effect killed the case, as it wasn't properly "served" even though the guy was looking out the window at the deputy that was there to serve him.
Most questions have already been addressed in the forums, get yourself educated before making decisions.

Any advice is strictly that, and anything I may state is based on my opinions, and observations.
Robert Krausankas

I have a few friends around here..

Matthew Chan

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Re: Higbee filed complaint, now what?
« Reply #8 on: February 22, 2018, 02:57:46 PM »
LOL! Yes, I remember our friend who was determined to beat the case by sheer avoidance!  It worked because he understood the basic mechanics of a lawsuit! It was a pretty funny story.

You can still contact Oscar, he is admitted in other states and he also has many lawyer friends around the country that can get him in if need be.....In the meantime don't answer the door, change your daily habits, or maybe go an extended vacation somewhere.. One of our older/veteran user never left the house of answered his door for a long time to avoid being served,  the process server got fed up and left the paperwork on the doorstep, which in effect killed the case, as it wasn't properly "served" even though the guy was looking out the window at the deputy that was there to serve him.
I'm a non-lawyer but not legally ignorant either. Under the 1st Amendment, I have the right to post facts & opinions using rhetorical hyperbole, colloquialisms, metaphors, parody, snark, or epithets. Under Section 230 of CDA, I'm only responsible for posts I write, not what others write.

Joan X

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Re: Higbee filed complaint, now what?
« Reply #9 on: May 26, 2018, 10:53:41 AM »
@Lin0J

What happened after you were to sued by Higbee & Associates?   Did you hire a lawyer?   Can you share the details???

 

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