Needhelpwithsuit

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About Needhelpwithsuit

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  1. I have to find out if BK is a possibility - I have no equity in the home we were living in (underwater) but do have some in my first home that is in a very high crime area where I grew up. All in all, we are at breakeven or just under water, so I have to research BK. I'm hoping I can negotiate with JDB for a lesser amount that will satisfy their cash flow needs and lower the amount to be paid by borrowing against retirement (if possible) or getting family loans. thanks credit2011
  2. Thanks Skippy1960, you're absolutely right. The compliment was nice but the MSJ really hurts, especially now that it has really sunk in; I had to take a couple of days away from the case and focus on work and completing our house move. In an effort to save our home, we have moved out to rent it (can't afford to live in it at the moment). I don't know that BK is a possibility, but I will try your strategy. I can borrow from my retirement account if possible and try to negotiate with them. I also agree that the amount of the debt made this case different from the average post on this forum and is something that would be good to let others know. Perhaps, anything over $10,000.00? and you're taking a much bigger chance that the JDB will use all available resources. The figure is debatable - I don't know at what point it is financially feasible for JDK to put in all they have to pursue each case. I still appreciate all the help; the decisions were mine to make. Thanks for your input
  3. Trial was at 1:30 and just got back - unfortunately, the judge ruled against me. So now I will be dealing with the judgment. From the beginning I had the judge against me when he denied my MIL "since the witness is here to testify and you can cross examine her." In his ruling explanation he stated there was a lot of misinformation as to what documents must be provided and whether a person with "personal knowledge" who was present at the time of the establishment of the account.needed to be present as a witness. He did compliment me and said my case was "well-crafted" and that it was evident that a lot of work went into preparing for court. He asked if I had ever considered going to law school (i'm in my mid 50's - but not that it is not possible). I told him I had never been in court and hoped I never had to again for another case. He said he was surprised and that i should consider it - little does he know who my legal support team is! I've got to get back to work but will study up on what my options are. Regardless of the outcome, I want to thank all those who helped me with every step in this lengthy process up until now. You were all a great source of help, inspiration and support! I appreciate it very much!
  4. All this confidence from all of the posters on this site has made me feel much more confident myself. I can't say "thank you" enough.
  5. In reviewing the Plaintiff's trial exhibit list it states "the right to submit additional documents on the basis of newly discovered evidence, for purposes of impeachment, for purposes of rebuttal, for any other reason authorized by law, and/or for good cause shown. Plaintiff further reserves the right to amend this list at the time of trial." My thought is they cannot amend the list, correct? that is the purpose of filing the CCP 96, right?
  6. Thanks again - I have printed them and read them over twice. I will take a copy with me. If the plaintiff does ask for a continuance, do I Object or wait for the judge to decide?
  7. Sorry for the late response, String - on top of this court date we had to move out of our home of 20 years and during this process had to put down our family dog of 10 years and of course work and life in general.. Yes, I did get a timely response. So now I am focused on studying shellieh98's list of questions. court date is two days away!
  8. Court date is next week - 7 days out. On my way to file MIL, Declaration in support of MIL and Trial Brief and send copies to plaintiff. I feel better about the case now but am aware I have to understand and remember case references and practice my questions for plaintiff's witness.
  9. Understood. Thanks for referring to Shellih98 list of questions and thanks Shellih98 for posting the link.
  10. I did inquire about the court reporter - the court provides one in our county. The process server was not able to personally serve the prosecution's witness with the subpoena (nor did the staff there know who she was). The affidavit requested it be served c/o the prosecution's attorney. In good faith, I instructed the process server to leave a "courtesy copy" with the legal services company whose address was used by the witness as "current address." I later emailed the prosecution's attorney to convey that the affidavit was false. The attorney replied by stating they did receive the subpoena and that the witness would appear in court. Question regarding MIL: Should I use the email as confirmation of the receipt of subpoena as an exhibit in my MIL substantiating that regardless of the false affidavit supplied by prosecution's witness, in good faith, I still left a copy but the prosecution/witness did not comply with CCP98?
  11. Thanks Anon Amos and String for explaining the court reporter strategy and the need to get the MIL / Brief in asap, as long as it is well prepared.
  12. I think I missed your point about the court reporter. I thought I would use the reporter to back up my affidavit but now realize that is not possible. How exactly would I use the court reporter? Case is 17 days out - can I still use this tactic?
  13. Trial briefs are due no later than 3 days prior to court, MIL no later than 2 days before case. I'm 17 days out. Do I file my MIL sooner or later? Is it better strategy to wait until the last minute or asap?
  14. Wow, thank you all. My time is very limited during this month (moving, moving at work, major meeting at work and life with family). This help means a lot. The process server said the witness neither resides nor works at the address given. He will provide me with an affidavit. I am contacting plaintiff's attorney today to state the witness' declaration was false. Tonight I will start work on objections, MIL and consider hiring a court reporter. thanks again!