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Showing content with the highest reputation on 01/01/2014 in all areas

  1. 2 points
    I see a lot of questions on the board over which case law to use and where to find it One of the best sources for this information is at your local library. There are three sources Your state annotated law dictionary set American Jurisprudence Shepards citations To use the Annotated law you go to the index, look up your specific question and it will tell you what volume and what page it is on. When you read through your specific question there will be superscript on certain statements, these superscripts refer you to the bottom of the page, normally in smaller font, these are the court cases that your state normally uses to decide your certain topic of law. Once you find the cases your state uses, you then go to the court reporters, if your library has them, that the case is contained in. Here is how to read the citations, lets say you want to read Miranda v Arizona, 386 U.S. 436. the first number, in this case 386, will refer to the volume number, next will be the name of the court reporter, in this case it is U.S. court reporter, the next number is the page on which you will find the case. Now you know where the case is located so you can read it. If you are going to use case law , Please read the case, if the judge happens to question you about the case and you do not know what it was about the judge may throw the case law out. For example, let say you want to know what your state has to say about the fdcpa and misrepresenting the character of the debt, you go to the index and find the subject, the index will tell you what volume it is located in and the page number. You get that volume and then you will have the case law and the interpretation of your state court right there for you to examine and use if you want. If you want to know if the case law is still good you look in shepards citations. These people research case law and compile it, If your case is listed and beside it you see a big letter O the case has been over turned, if there is a letter f this means that the courts follow this case in making their decisions. You will hear this process referred to as shepardizing a case. American Jurisprudence is what the judges use to help them determine how they should rule on a case. If your library has these they are full of valuable info. They cover just about any aspect of aw you can think of. There is an index that you use that will tell you where to find your specific law questions. What the Gunny does, instead of spending hours at the library, is I use my i phone and take pictures of the pages. I go home and put them on my computer and then read them. These three sources should tell you how to approach putting together a pleading, or motion. It is too bad these books are so expensive that we cannot obtain them. Am Jur 2d can be found online with a diligent search. AmJur 2d will also give you court case law citations but sometimes they are not state specific. But if you want to learn what you need to do to sway the court in your direction use these in combination with each other, especially Am Jur 2d, to develop your pleading. I hope this helps a lot of posters out.....
  2. 2 points
    I would not start my interactions with the judge by trying to explain his job and duty to him. For those of us who have not been to law school, it is hard enough to get our procedures right. Telling the judge his job will just encourage him to be strict with procedural issues. Even though judges are encourage to give ProSe leignency with filings and procedures, calling him/her out at the start can make that margin very slim.
  3. 2 points
    All hail the great Daniel Edelman!
  4. 2 points
    http://www.edcombs.com/wp-content/uploads/2013/08/McDonald-v-Asset-Acceptance-LLC.pdf
  5. 2 points
    Hi, I have been away since 07. I had to take a break. I'm glad to b back. I have a question for yall. A while back I seen a site or link on here that will let you know what credit reports some lenders use. For EX: capital one may only pull experian CR. If someone could please tell me where to find that link again please. Thanks in advance
  6. 1 point
    Attached is how I got a one-year-old default judgement vacated. This example will probably not apply to many people, but you never know what you might find if you look in the actual case file of old default judgements. The statute of limitations never runs out if you were not served properly and want to make a motion to vacate. It's an issue of due process and "personal jurisdiction", but only IF you can prove it. I got very lucky in this particular case. Motion to Vacate granted.pdf
  7. 1 point
    I think a lot of this depends on the judge also. If you get one of those judges that do not like pro se litigants you may not have much luck with him/her. Judges do have discretion, if they want to explain things to a pro se they can, Some just refuse to help a pro se.
  8. 1 point
    I wouldn't even send them a letter since you have a signed order. Just file a motion for sanctions per your state's rules. If they had you in this situation they wouldn't wait to file for sanctions any longer than required.
  9. 1 point
    Amazing how "lucky" some people get when they intelligently work their tails off!
  10. 1 point
    The clerk is not a good source for information. By law they are not allowed to give you legal advice. By practice they only know what they see, and most default or admit to CC debts. I would not rely on the clerks knowledge to win your case.
  11. 1 point
    @Ghost24 - if the debt is beyond the SOL and if it is showing up on your credit report, dispute this directly with the CRA's. If you pay on this debt, you will start the clock all over again so this is the last thing I would do.
  12. 1 point
    I reached out to an attorney that was recommended by BMC100, good to go, he is going to take it head on... I will keep posted as much as I can... thx again everyone..
  13. 1 point
    Under, You are the only one that can see the document you sent. So really hard to determine if the otherside has a legitimate gripe. Given that even JDB attroneys are smart enought to know how far they can push to limits of " The pro per filier didn't follow the rules of court/rules of procedure when making the request, therefore we didn't need to answer the request". So before you stand up in court and tell your story about the idiot attorney who couldn't tell you wanted answer to interrogatories, you better make sure you are on a firm foundation...... I know in california where I am from they have guidlines that dictiate font size, pleading paper, set number description, etc. I would assume your court has some similar guidlines.
  14. 1 point
    Very true, but if their complaint is procedurally wrong then a dismissal is appropriate. If they refile and do it again then you have grounds for prejudice.
  15. 1 point
    Congrats! Good work! Stay around CIC for a while. There are other Ohioans with cases pending who could benefit from your experience.
  16. 1 point
    Another broken (fallen angel ) say hello to community.
  17. 1 point
    Well, I .haven't been to CIC in a long while, but this is the place I come when I have any questions related to creditors, etc... I didn't know where exactly to post this question so I'll post it here and hope that someone will respond. I'm trying to find out for a friend of mine if there are laws related to how long a creditor has to bill you for services rendered. My friend hired an attorney back in March to represent her in an ongoing custody battle with her EX. He's dragged her into court now on 3 or 4 different occasions with false allegations that the court promptly dismissed. To date, my friend has not received even one billing statement from her attorney for current balance due. The attorney was fully aware that my friend was under-employed and would be unable to pay the attorney fees. Her attorney told her to begin with that she would ask the court to make the EX pay her attorney fees, but the attorney has never made the request. Now this attorney is quacking about how she hasn't gotten paid and is dragging her feet in going after the EX for documented abuse and medical neglect of the children by the EX, and clear contempt of court orders on several points of the custody decree. My friend said, "How can I pay you anything if you never present me with a bill." She HAS, in fact, made a couple of small payments but was never given a receipt and she has asked several times for some kind of billing statement so she can know what her current balance is and that she is apparently going to be responsible for paying. So, if someone should happen to notice this thread and can give me a semi-informed answer, I would deeply appreciate it!
  18. 1 point
    Hello All, Does anyone know of California State law/rule that can limit the filings to the county where the debt/defendant resides? Are there any case laws I can cite to support this claim here? Is it true what I read in another post, Quote, "state law says they have to file in the county where the debt occurred on, in the county where the defendant resides"? If this the case, can anyone guide me to supporting documentation? Thanks to everyone in advance!!! Scooter..
  19. 1 point
    I've seen this term used and I can't figure out what it means. I tried looking on the stickys for abbreviations and terms but I couldn't find "rogs".
  20. 1 point
    Great new resource. Not ALL states are represented yet, but enough to be very useful. http://www.ishereallyalawyer.com/ In some states, like California, you can even find out if an attorney has been disciplined.