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Showing content with the highest reputation on 08/22/2014 in Posts

  1. Cerulean, Welcome...well you can do 1 of 2 things...you can hold off filing a MTC BOP and move to start the RFP process. In which case, once you start that JDB will assume you are no longer interested in the BOP request since you started the discovery process. Once you start the discovery process the clock starts ticking for the JDB because they have 35 days in which to answer (that includes mailing). Soon after you send the RFP request send a meet and confer letter with regards to an insufficient response to your BOP request. Remember they think you have stopped pursuing the BOP process bec
    4 points
  2. "So they call this case, the plaintiff's attorney submits a CCP98 into evidence. The Judge asks the Defendants Attorney if he has any objection, the Defendants Attorney says no objection. The Judge asks If the Defendants Attorney has "an affirmative defense", the attorney says no. Judge rules in favor of the Plaintiff for $9000 + 300 court costs." Wow. The conduct of Attorneys representing the JDBs often seems like an embarrassment to the legal community. As a pro se, I've often wondered... what makes the JDBs feel so emboldened as to believe they can get away with anything in front of a Judg
    2 points
  3. Thanks for the various strategy suggestions. Read those threads a couple months ago, so now going to reread them, there's quite a bit of stuff to wrap my head around.
    2 points
  4. Actually Helpme's method is very good and worked well for me too. I probably would go that way again (after thinking about it), because going thru the MTC BOP is good experience to prepare you for more critical motions and / or appearances that may be coming, and it gets discovery started right away. Another method is to send a meet and confer letter asking for a further response to the BOP in 10 days or you will ask the court to intervene. After 10 days with no response you file a "motion to compel further response to the BOP, or in its alternative to preclude further evidence at trial".
    2 points
  5. Yes, I filed the General Denial about a week before the BOP and used a form from the court that had a check box at the bottom where the Defendant can pray the Plaintiff gets nothing and Plaintiff pays for costs of court.
    1 point
  6. @cerulean Did you already file the general denial like you recommended to do? I’m sorry if I missed that somewhere in the post if it was already mentioned but make sure you don’t get caught up with formality and forget the basics. J
    1 point
  7. Newport, Shellieh is correct you should be able to attend the Case Management Conference via phone. But you need to be thinking longer term, meaning how you will handle the trial date. In many instances they will list you as a witness or request you be present for the trial. Point is while you maybe able to get by on this Case Management conference, your goal of winning is going to decrease if you are unable to make court dates in the future. Obviously, if you had an attorney, then they could appear on your behalf, but the amount of the case being sued upon makes getting an attorney unr
    1 point
  8. Read the String thread as well, it is amongst the best; I don't call him 1stString for nothing.
    1 point
  9. G-Your strategy and hard work is definitely paying off as demonstrated by the positive results you are experiencing. Midland's litigation strategy and that of other JDBs is predicated on account stated as it is the lowest standard of proof and, in many juristictions, trial court judges simply assume judgment in favor of the plaintiff. In other instances, defendants do not aggressively assert and argue their cases. Overall, the number of cases at the appellate level is very scarce so your strategy of utilizing the opinions at the appellate level makes eminent good sense. We applaud
    1 point
  10. I am be jumping the gun. I thought you filed a MTC RFP's but it looks like you filed a MTC BOP. What I posted was a MTC RFP and will not work for MTC BOP. In your Reply to their opposition you will need to explain why you want the Judge to compel the JDB to provide all the statements from $0 bal to the alleged amt you are being sued for so as Anon stated use the opposition statement of the JDB as your entry into why you need it or why you disagree with what they stated.
    1 point
  11. Yes, its on one of her posts above. MtC BOP @calawyer @anos amos
    1 point
  12. I have won two lawsuits so far, one with Capital One as the Plaintiff and this one with Midland Funding. Both cases were different. Capital One was Breach Of Contract and Midland Funding was Suit On Account and Money Loaned. Breach of contract took 12 months and it was my first time being sued. Every time I appeared before the judge I asked for a continuance, which he granted every time. I had the same law firm in both cases, Kramer & Frank who are absolute snakes of the lowest order. They filed a Summary Judgment and when we appeared in court their lawyer said his case "wouldn't fly," s
    1 point
  13. It is my understanding that you must request it exactly as it it called in the Bill of Sale. you can request it in your RFD.
    1 point
  14. No, not precluded. Your diligence is fine and anything you want to pursue can be done thru discovery. That said, you certainly can motion to compel a more complete response to the BOP, I just think you'll get more mileage at this point from request(s) for production. Whatever you decide, you'll get help here if you ask. Good questions. You should object to nearly EVERYTHING, but at the right time. Not yet. Read up on threads by astmedic, homelessincalifornia, and others from California for a good primer on the process and timing.
    1 point
  15. I am posting the paperwork I used to defeat Midland Funding for anyone who might b e able to use it. I have posted here all the discovery by both Midland Funding and Defendant. Looks like the formatting won't come out right. If there is a better way to post documents please let me know. . IN THE CIRCUIT COURT OF PETTIS COUNTY, MISSOURI DIVISION 6 MIDLAND FUNDING LLC ) Case No: Division:6 ) Plaintiff, ) vs. ) NAME REDACTED )
    1 point
  16. Okay so I sat in on court this morning. When the Clerks office opened I looked at the board where the courts schedule is posted as per the helpful employees at the information center instructed me, Of the 15 or so cases on the docket only 5 were collections limited civil cases, out of the 5 civil cases, 3 were dismissed in the last week or so. Of the 2 left the Plaintiffs were Capital One Bank and Midland Funding. The Capital One was dismissed without prejudice right before court started. The Midland Funding defendant had an attorney present but did not appear in court, Before court sta
    1 point
  17. This is normal. This is their last try to get something out of you since you were able to not provide anything during discovery. The JDB I had asked for income tax return's, ss#, cdl, etc...and I was able to avert this as well. They want you to prove their case. Doing a good job.......keep it up...
    1 point
  18. Regardless of what the law says and in what state, until more people start fighting, there will not be much scrutiny on credit card debts, regardless of which party is correct. 95% of the cases end up being default on what could be the flimsiest of evidence, the rest are usually dismissed before they reach trial so that there is no scrutiny. The article even said, in Texas, as long as you file an answer, you will not lose at this point. If enough people were to fight, it would force these cases in front of judges who then can set what is good evidence and what is not and the industry would the
    1 point
  19. @Anon Amos I did not apply my statements to all courts. I said "most courts". I agree that in some courts, it's harder to prove an account stated claim. In fact, in PA, an account stated claim may not apply to credit card accounts. The point is to be proactive in one's financial obligations and to know how one's own courts have ruled.
    1 point
  20. The why? is because the defendants don't challenge the amount. They may deny the account or all allegations etc. But seldom do they deny that any and all amounts are incorrect, or ask for a complete accounting in discovery. If the case was lost, AND the amount due was challenged, not just denied, the court usually will award the amount the plaintiff can prove. The court may not REQUIRE the complete accounting, but it may not want to rule on what it has no evidence of either. In Cali, I believe it's harder for them to prove account stated than many people may think (depending on how you fight
    1 point
  21. If Plaintiff’s response to BOP was inadequate. NOTICE OF MOTION AND MOTION TO COMPEL BILL OF PARTICULARS NAME Address San Bernardino, CA 91755 Defendant, In Pro Per SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN BERNARDINO 111 North Hill Street, San Bernardino, CA 91755 Branch – Civil Limited XXXXXXXXX, Plaintiff, vs. XXXXXXXXX, Defendant, Case No.: NOTICE OF MOTION AND MOTION TO COMPEL BILL OF PARTICULARS; MEMORANDUM OF POINTS & AUTHORITIES; DECLARATION of XXXXXXXX IN SUPPORT OF MOTION TO COMPEL FURTHER RESPONSE TO BILL OF PARTICULARS DATE: July X, 2012 TIME: 8:30 am DEPT: 77 TO ALL
    1 point
  22. Here is a good form for some sample interrogs. It for California Superior but you can copy the General Question and the Contract questions and use it in Any State. http://www.courtinfo.ca.gov/forms/documents/disc004.pdf
    1 point