ckstar

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About ckstar

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  1. this is great information thank you!
  2. Hello, There is an old medical bill reported by Progressive Management Systems of California on my credit report. It says the last reporting date is 12/2010, the alleged debt was 7/2009. I have not received any communication with this company and have since moved from the state. I am currently working on boosting my credit scores. Should I send them a DV letter? I am worried about awakening the collection process if I am close to the Statute of limitations. I am unclear to the statute of limitations for medical bills in California, is it 4 years? In calculating the Statute of Lim
  3. One thing I really wish I had done was go visit the court and sit in on similar case with the Judge. I was well prepared with my case but not having court experience made me a bit nervous. Also this lawyer will try and admit evidence while they are talking on the phone with the phone witness, caught me off guard but I was able to object as he said "at this time I would like to admit into evidence"
  4. There are new consolidation and Income based programs! I was astonished on what my loans were refinanced to. Please call the US Dept. of Education at 1-800-557-7395 and visit www.loanconsolidation.ed.gov
  5. One really cool thing was that they had 2 more cases after mine. They had the same bogus evidence I had thrown out and after he congratulated me on the win (asked me if I was studying to be a lawyer before trial started) turned to the guy waiting and said it is your lucky day, we are dismissing your case!
  6. I am happy to report that this case was dismissed WITH prejudice. I want to thank each and every poster that helped me in this thread and especially Shellie98 for her tremendous amount of Colorado work, and also First timer through private message in cross witnessing. This was one of the hardest things I have done and by reading all the sticky posts, different posts by coltfan, seadragon, flyerfan, Admin, racecar, and many many more I gained confidence to take this through to the end. The actual trial took place and contained many twists I will post later to help others and gain incite
  7. Thank you so much, At least in this county civil court you have 7 calendar days before trial date to file motions.
  8. ok this maybe asking a lot for today as I am filing tomorrow however if anyone can provide some input on at least the last 5 arguments I would most appreciate it. ARGUMENT 1. Plaintiff Has Offered No Qualified Custodian of Records, the Documents Offered by Plaintiff Are Hearsay and Do not Fall Under a Hearsay Exception Defendant objects to the Testimony of Plaintiff’s Witness as Plaintiff cannot show a Business records exception and the source documents indicate a lack of trustworthiness. C.R.E 803 states the business records exception to the hearsay rule. C.R.E. 803 states a
  9. ok I will check that out. something else. Is the following anything of importance? The alleged account was opened with WAMU and they have provided no documents connecting CHASE to WAMU whom was purchased by CHASE 4. Who is the original creditor? (if not the Plaintiff) Says Original creditor is Chase Bank on the complaint, however the alleged debt may have been with WAMU who was bought by Chase? I am working though my motion in Limine and was wondering if anyone has any sample responses to the below? Objection to Certificate of Merger: Hilco to Equable. 2. Objection to B
  10. I am about 12 calendar days out from the court date as of today. I was hunting around for some documents and came across asking for a "forward flow" in a request for production of documents. Is it to late to request this and put in my disclosure reserving right to use it if they provide?
  11. Documents Disclosed: Plaintiff's Affidavit - They did not send in this current packet but have sent one in a previous packet.Midland information field data sheetCredit statementsBill of sale: Chase to HilcoCertificate of merger: Hilco to equableBill of sale: Equable to MidlandAffidavit of sale of account by original creditorAffidavit of sale of accounts by debt sellerMidland / MCM Affidavit
  12. ok they sent me a disclosure statement using the attached format and I am sending them one. In your opinion is this all I put? A. Give the name, address and telephone number and a brief description of the testimony of each witness you intend to call at the trial: 1. Defendant has no witnesses to call other than for impeachment purposes. B. List every document, picture or item you may use at the trial. Describe and attach a photocopy of each document or picture listed to the copy sent to the person shown in Part 1. 1. Defendant has no documents to prod
  13. Ok I have spent 3 or 4 hours reading so taking a break, The trial is in 21 calender days on July 29th and I have a few questions: Right now is it too late to send in the disclosure using Form 9? so far they have sent me a couple packs of information I posted above but I have not formally requested everything planning to be used. Do I need to prepare a Motion in Limine for what they have sent so far? and file it a few days before trial? Is it too late to amend my original answer and possibly add a counter sue? Should I try and subpoena the affidavit signer? At the court requested mediation
  14. This is great thank you so much, and I cannot express my gratitude enough