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Showing content with the highest reputation on 08/24/2014 in all areas

  1. Judgments are vacated for legal reasons and not pursuing the defendant collect is not one. One reason is lack of proper service. If the Plaintiff used "sewer service" and the defendant never knew about the case despite claiming proper service to the court by Plaintiff the judgment could be set aside. Your situation is that you had a trial and lost. There were some issues that could have resulted in the judgment being over turned but you only have 30 days to file an appeal and once that lapses you are forever time barred from appealing. Based on what you posted this is over. You eit
    2 points
  2. http://www.nakedcapitalism.com/2012/08/judge-90-of-credit-card-lawsuits-cant-prove-borrower-owes-money.html Make sure to read the end of the article about Discover card
    1 point
  3. The affidavit is also inadmissible. In CA affidavits are not admissible at trial except by statute or act of Congress. Unless you do not object, of course.
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  4. You won't need it. You discredit and attack their evidence by using the rules of evidence, authentication and foundation.
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  5. I would: - send out ccp 96 request right away: http://www.courts.ca.gov/documents/disc015.pdf - get a subpoena signed/stamped by the court clerk, find a registered process server in San Diego, and 20 days before trial serve the declarant at the address where they say they'll be available. (San Diego sheriff won't do it UNLESS you have a fee waiver.) http://www.courts.ca.gov/documents/subp001.pdf - prepare to disqualify the witness, just in case she shows up. - work up objections to evidence, get trial brief and written objections going Make sure you're up to speed on codes, cases (in
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  6. What you say is true...BUT...it is seldom that simple.
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  7. I agree 100% with the judge and this sentiment, however, the judge's primary responsibility is to the court and the canons of the law, not necessarily to justice. As Oliver Wendell Holmes, Jr., is famously quoted as saying, "This is a court of law, young man, not a court of justice." Who looks for justice, not the plaintiff, not the judge and certainly not the pro se defendant. And the bare fact is that there are not enough pro bono lawyers, non-profits or defense lawyers that would be able to outweigh in the long run the "impartial" judges and the plaintiff's bar. The defense bar is hardly
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  8. @debtzapper @BV80 @Anon Amos @browniebrownie141 @credit2011 @GinnyCoonrod It would be most helpful to have an outline of the proof issues encountered by the plaintiff in account stated causes of action and the strongest defenses that can be mobilized against the "proofs." My strategy is focused on (A) ownership of the debt and chain of title as a proxy for standing or real party in interest, and ( countering the faux affidavits and Affidavit in Lieu of Testimony (CCP 98 subpoena argument) as a two-pronged attack on the JDB case. My attention is also devoted to account stated, however, if
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  9. It does not appear likely that a motion to vacate would be sustainable ? What State is this action filed in ? Please complete the Case Profile below. If you are inquiring about a lawsuit in which you are the defendant (ie you are being sued), you need to answer the following questions (as much as possible): 1. Who is the named plaintiff in the suit? 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) 3. How much are you being sued for? 4. Who is the original creditor? (if not the Plaintiff) 5. How do you know you are being sued? (Yo
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  10. Note - This bill was introduced in the US Senate. Not sure if there is a companion bill in the House of Representatives as yet. It is a commendable effort, but at the rate both are approaching the infinity of dysfunction, no action to pass the bill is contemplated before the END of the century. If we are reading the bill correctly, it provides injunctive relief to plaintiffs as well as ATTORNEYS FEES!!! If someone could give me a quick sanity check [text of the bill is below], that would be much appreciated. Amendment to Fair Credit Reporting Act to Impact Debt Collection Bill focuses on
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  11. @debt_warrior Thank you for this information! I definitely believe that the FCRA, along with the FDCPA, needs an overhaul. In my opinion, the Act is not specific enough and is too lenient in some of its requirements. For instance, it does not determine what is necessary for a furnisher or CRA to conduct an investigation into a consumer dispute. That needs to be defined. Another issue is the reporting of the date of first delinquency. It states that if a furnisher doesn't have the date of first delinquency (which is what determines the date the entry will fall off your CR), they can
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  12. Account stated is not a cause of action, it's a common count. So if they can sue under the same causes of action as you say; that leaves them with open book, breach of contract, unjust enrichment etc. That is why I said it's an abuse of the system when they can use account stated. Also, they are claiming the alleged debt has been defaulted on, so it's difficult to believe the account is still open, and so, if it's not an open account, then you would have to assume the account has been closed in order for them to be able to sue on it. This is from attorney Clinton Rooney in a LexisNexis arti
    1 point
  13. An account doesn't have to be closed to become an account stated. Each new billing statement that is not disputed becomes an account stated. ILSHIN INVESTMENT CO., LTD. v. BUENA VISTA HOME ENTERTAINMENT, INC., Cal: Court of Appeal, 2nd Appellate Dist., 1st Div. 2011. An "account stated" is an agreement that an account, and the items in it, are correct. It is a new contract that supersedes the underlying account, and into which the items in the underlying account are merged. (Maggio, Inc. v. Neal (1987) 196 Cal.App.3d 745, 752-753.) In an action on the account stated, "`nquiry may not be
    1 point
  14. Thank you all for all your help, I will be reviewing all of these posts, to begin building my defense. I guess I should go to the courthouse to file my counter claim? I wrote about the violation on my answer that I filed, but I didn't enter a counter claim? By the way, like I had mentioned in my first post, I've changed my number multiple times (3)to be exact, to avoid these guys. The number associated with the credit card account originally was my very first, I was reading about "skip tracing" the other day, is that something I can utilize as well? Just wondering... Every day I'm feeling a l
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  15. 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
    1 point