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Old 07-31-2018, 09:41 PM
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Default TOL lawsuit, the final chapter

Well, friends, I'm here from the bottom of the trench. The entire federal lawsuit was dismissed with prejudice, I believe on January 31st of this year. I had gotten myself dismissed as a defendant for lack of jurisdiction before that, but my dismissal was without prejudice. What I thought was a victory has turned to ashes in my mouth. The assholes filed against me and my husband in state court (community property state) February 28th. I was forced to hire a lawyer which I can't really afford, and we cooperated with every requestfor several weeks. But that fool in New Jersey thinks I was part of and am still hiding some big conspiracy. My lawyer told me to file bankruptcy because it stops all litigation against you. So, today a bankruptcy I never wanted was filed. As far as I know, I'm the only one left they were able to come after. I just pray they aren't crazy enough to try and follow me into bankruptcy court to continue the lawsuit there. They can, but my lawyer says that 9/10 plaintiffs won't. I told him I'm pretty sure I'm facing #10. At this point, I just hope I can move on now that my credit is destroyed for the next ten years. I wish I had the money to go to court and shove this whole thing down their throats!
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Old 08-01-2018, 07:05 AM
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I am so sorry this is happening to you. :'(
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Old 08-01-2018, 07:50 AM
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What a nightmare and you never did anything. I cannot see how this all came down to you.

Who is actually behind the lawsuit still against you? How can they let the estate and LLC off the hook, but not you? This is crazy.
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Old 08-01-2018, 09:57 AM
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I do not know how they find you at fault....what about the administrators ? This makes me sick. Well filing bankruptcy will give you a clean slate.
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Old 09-05-2018, 03:43 PM
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The case has been closed...I was the last one to file a motion to dismiss due to lack of jurisdiction.

In my state, defamation cases must be filed within a year of said defamation ;
They attempted to try to transfer (AGAIN) my portion of the lawsuit to PA, where I reside. They attempted to try to state that I waived my rights since I filed a counterclaim; the federal court disagreed and dismissed the lawsuit against me.

As far as it stands they plan to appeal (obviously), howeve Iím Not sure how far itís going to go; even if they attempt to get into my state, the statue ran out-they KNOW this, hence they attempted to transfer to circumvent the process.

I donít know if I should feel relief or trepidation; this was ironed out in a federal court; to keep this going on is ludicrous at best.

Going through the ordeal, they want to use my home insurance for a settlement; I obtained a pro bono attorney in Minnesota and ADAMANTLY told him Iím not using it; Iím not settling for a mistake that obviously has no bearing on their bottom line-theyíre still having issues with their product per new BBB complaints this year, so they are ďstill in businessĒ. My reply was I am willing to publish a retraction as long as the case is dropped, otherwise, I will continue with my lawsuit if this is appealed-it may be a long shot but I will prove that they operate in a guise of fraud and in fact they havenít missed a beat and more so because they need the money to continue this lawsuit.

Dusky, the sacrifice you made to not have to endure this any more is fare from noble-you shouldnít even had to fight this anymore nor had to file for bankruptcy to stop it! The person who owns ATP has an axe to grind even though his product and business practices are less than stellar. Itís quite disgusting actually.
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Old 09-06-2018, 07:56 AM
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The whole thing has been insane. Going after you guys made no sense at all. I still really do not understand the whole thing. Makes no sense.
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Old 09-12-2018, 02:17 PM
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Had the hearing for the meeting of creditors today. They actually sent an attorney. He asked me several questions while I was under oath. My bankruptcy attorney was shocked into disbelief that they bothered to send someone. I told the civil lawyer during the first meeting that this guy would be the 1/10 to follow me to bankruptcy court.

The bankruptcy attorney said that if they try to continue the lawsuit into the bankruptcy court, the dismissal opinion from Minnesota will be very useful ammo.

PS Arizona has the same 1 year statute of limitations on defamation. They get around that because it's "continuously published" by being on the website, so each day it's there constitutes a new tort, vitiating the statute. I too would publish a retraction or delete my post if I could. But I can't. So the bulls*** continues.
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Old 09-13-2018, 12:47 PM
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I am having a hard time following this, First I thought the case was closed. Second why and they not going after the Primary website, they are the ones who control everything. This seems to be the biggest waste of time for our court system.

Can you sue the Primary Web site since the seem to have lots of $$
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Old 09-13-2018, 08:37 PM
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They did sue the website. The case got thrown out.
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Old 11-16-2018, 05:30 PM
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Oh God, do I wish it were over. I am starting to think it will never end, and dealing with legal wrangling with these people will rule my life forever. They just keep coming up with new crap.
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