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Showing content with the highest reputation on 01/29/2016 in all areas

  1. Good job, congratulations. You can file a to get your cost back if you incurred any. I'm glad you were able to find what you needed to win.
    2 points
  2. California / San Mateo County Case dismissed with prejudice against Midland - 1/28/16 (yesterday!) Never posted before, but really wanted to share the good result: The "rent-a-lawyer" asked if i wanted to settle for 65% (the authorized settlement offer). Me: my internet research found that the JDBs buy these for pennies on the dollar, so if you want to divide those numbers by 100 we can talk settlement, otherwise i'm ready to proceed. MF's atty: you subpoenaed a witness? Me: yes, she might be blond (it was the person who signed their CCP 98, but she never showed). When we finally got in front of thejudge (i was the only case of this type at that time), the Judge asked MF's atty to present her case. MF's atty: i have this declaration in lieu. Judge: Ms. GRIMM71? Me: i am objecting to the ccp 98 declaration as untimely. Judge: explain. Me: proof of service date-12/23 via 3-day FedEx, CCP 1013, does not include or define 3-day service. As the label indicates, it was not scheduled to arrive until after the 30 day pretrial cutoff & deadline. They had plenty of time to get it to me in time, including delivery on the 28th, a Monday. They did none of these. Judge: you are correct. Evidence excluded. (To MF) do you have any other evidence? MF: no. Judge: Ms GRIMM71? Me: i move to dimiss in my favor with prejudice. Judge: done. Me: thank you your honor. I would also like to thank all of the people on this forum that made this moment possible: Sadinca - for great samples & a quick response when the links to the samples weren't working ASTMedic - for all of the great samples Seadragon - for the valuable pre-trial checklist Rivertime - for being in the same situation re: untimely responses RTE - for the response full of case law re: missing deadlines Calawyer, Anon Amos, H8spleadingpaper, and Homeless in California - for ALL of the valuable advice posted on the forum
    2 points
  3. So what you are saying is that a debt collector can preempt your right to a DV by simply supplying the information on the initial communication? What if they have the wrong person or assorted other issues that a DV might solve? As for the court part, I am sure no judge is going to force the consumer to contact the courthouse every time they get a debt collection letter unless the judge is interested in seeing the court in disarray because the clerks will be doing nothing but fielding calls from consumers asking if a case has been filed against them.
    1 point
  4. But, it the costs part is independent of the Judge's order, correct?
    1 point
  5. I messaged you when the links to your posts were not working and you fixed them very quickly. Thank goodness too, because your information was the basis of most of my objections.
    1 point
  6. Congratulation on your victory. Dont know if the links work now, perhaps it happened due to the renovation . But awesome job!!
    1 point
  7. @fisthardcheese , the only reason I got this far was the good info from you and @Linda7 !! Thanks! Can't wait to see what happens next. I'm sure I will need more advice soon. Would love to get the deal where I end up with dismissal with prejudice, no 1099C, no selling the debt to a JDB, and removal of negative reporting from CRs.
    1 point
  8. @TheBigHouse We have had many GA defendants win their cases by using the information on this site. Follow the advice you were given. You can also read more about arbitration and by reading posts from @fisthardcheesewho won his own cases in GA courts and has helped many defendants. @NormInGeorgia has also done the same thing by just using the regular court process. You can read posts by both of them by clicking on their names.
    1 point
  9. Way to go, Norm!! Just remember now, you have a court order to arbitrate. This means when Barclays does not want to pay the arb fees and starts talking settlement, YOU have the leverage in the negotiations and they are coming from the weak side now. When you are in this position, I would settle for no less than a mutual walk away. Don't get pressured into making any payments to them!
    1 point
  10. I would take the attorney's letter as he suggested and attach it to my dispute letter to the CRAs. That may earn you a removal without having to mess with the MOV after all.
    1 point
  11. If I had to guess, I would bank on the collector being in the wrong over an attorney who would would lose his career if he was found to not do what he was supposed to. I would bet you dollars to donuts (and I can tear up some donuts) that one of the OC medical creditors settled with the attorney for less than the full amount and then stupidly sold the remaining amount left on their books to some low level JDB who routinely buy up medical debts like this.
    1 point
  12. Its official, as of today! DISMISSED WITH PREJUDICE!
    1 point
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