rightfullynotyours

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About rightfullynotyours

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  1. Ok Guys, after my loss I have been meditating and trying to understand what happened and most of all WHY this happened and even though everybody has different reasons as to why they got sued by JDBs, I can only find one constant, that is, the shitty economy that we are living in now a days. NOBODY here in this forum, are deadbeats or an irresponsable person, well maybe a couple of you, but is not the norm. I don't think anybody in the Unites States that has been sued and summoned, or that has found out that now have a judgment against them or their wages capped by these "collectors of debt", did in fact, default on purpose. Before I got summoned, I tried to settle my debt with Chase Bank, I was making good money back in 2007-2008 then everything came down to a halt! I could not continue paying my current debt, because my cash flow diminished, therefore I started getting behind on all my debts, of course, like everybody in this forum, I had to make my priorities and I only paid what I thought was most important, that is, the mortgage and the cars. Everything else well, had to put it on the back-burner, and hope that one day in the near future, my situation will be better and re-pay my debt and continue my life as before, or so I thought and wished. Unfortunately, like every other American here, that day never came and I am still waiting 6 years later for that to happen. What bothered me the most in this whole process was, how easily the banks who got us by design into debt and changed our way of living back in the 2008, THEY got bailed OUT by the government, all of their DEFAULTED obligations got paid thanks to all of us! Immediately after, they, "The Banks" came back to us with a vengeance! A lot of people lost their homes, cars etc. then, whoever couldn't pay or refused to pay, the banks charged off their debts, reported the defaulted debts as a loss to the IRS (tax write-off and money right back in their pockets, again), got their money somehow back! Then, they Machiavellically sold pools of accounts charged off already to collection companies which they bought the alleged debt for pennies on the dollar. Here is where the problem began. Somewhere here these banks are, in my opinion, committing some kind of IRS fraud. Remember, that they already reported these accounts as a loss, and they got their break (tax write-off) with the IRS. Nevertheless, they are double profiting when they sell it back to the JDB's and definitely are committing IRS fraud because they are making money on something that they reported as a loss! Can you guys see the picture? So, in my meditation, I got enlightened and somehow anointed LOL!!! It got me thinking, how can we beat these JDB's? For that, I have to see their business model on a grand scale. In order for them to profit, they need people to NOT show up at the court at any given time. Let's not forget, they have hundreds, if not thousands of lawyers appearing in court every single day, pleading to the unjust/corrupt/lazy judges to enter default judgments on people because they didn't show up to defend themselves. When I went to my first hearing and showed up at court, the rent-a-lawyer for the JDB didn't even know what to say, because JDB's are NOT expecting you to be there! Before my turn was up, I heard at least 15 default judgements! I was appalled!!!! So, now what would happen if for every robo-signed summons they make, we would all show up, I mean, every single one of us??? THINK.....Their business model becomes non profitable! Just imagine, for one second, if they got 15 default judgments in less than 10 minutes because a no-show, imagine if WE show up? They wouldn't know what to do because each case is slightly different. They will need to do their homework, which is time consuming and requires a strategy and so on and so forth, right? And then, what happens if all of their robo-signed summons get to trial? Let's say for sake of argument, that 1/2 of the lawsuits are won and 1/2 are lost. They would have to pay lawyers, paper, toner, court reporters, process servers, postage and Fedex for a 1/2- 1/2 chance? Their costs are staggering!, Now, they will think more than twice which lawsuit to pursue from now on and they will put attention on how well prepared their case will be. Now, to go to trial, they will need real lawyers which cost around $300/h. This will even the plain at the battlefield, one on one and mano a mano!!! Remember, we are MORE than them! They wouldn't stand a chance if we fight back!!!, but I mean, ALL OF US, at the same time! They will be overloaded! The first thing that is going to happen is, that the courts will start sanctioning these JDB's because they are abusing the courts for profit! The courts are already overloaded, the only reason the courts allow these JBD's get away with their scheme is because we just simply don't show up, and they can vacate their calendars with judgments in a matter of minutes. This makes me mad! The JDB's pay very little to sue, they have discounted rates through the court!!!! WTF!!!! when I answered my lawsuit I had to pay like $225! at once! it hurt me so bad! I think these JDB's pay less than that, (if they even pay). So, JDB's success is very simple, organization and intimidation, that's it! Think of the Nazi regime, they were much less in numbers than all the Jews, their organization and intimidation worked and the Jews never fought back! Nazis exterminate them like cattle, but, why did the Nazis lose? Well, because other forces that were united fought back TOGETHER, and eventually the Nazis could't keep up, they were outnumbered! Well, I suggest we do the same! JDB's are organized and their intimidation process resides in the lack of knowledge from people like you and me! I will not lie that when I got summoned my heart fell on the ground and I didn't know what to do, I couldn't sleep I was anxious and had problems concentrating at work. Their intimidation worked for awhile, it crossed my mind to not to show up at the first hearing, but thanks to this forum that gave me the knowledge I went and stood up for myself, and with the forum's courage I went all the way to trial and faced the Judge, the witnesses and the JDB's lawyer! So, I propose this: 1.- I will make a movie that will go viral exposing their weaknesses and their process of intimidation of JDB's. 2.- I will start a website, dedicated to learning on how to fight back these JDB's, I researched and there is no such thing other than forums! I will organize the information so people know what to do, of course, there will be links to forums like this one so people can expand their knowledge. 3.- The creation of a non-profit organization that will staff hundreds of lawyers to take the cases all the way to court for people with no money, the organization will survive on donations and the company will keep the profits when suing back the JDB's! 4.- We need to lobby our government to decree a law for the first time, that the DEBTOR would have the opportunity to buy their debt back at the same rate of the JDB's before it is sent for auction. 5.- To implement classes or courses or seminars to alert the population that if we don't fight back "THEY" will always win. 6.- Teach your kids and those around you about the legal process and why it's important to fight back. 7.- Take your kids at least once a year to a court house and watch a trial. 8.- Teach the initial process of a lawsuit to someone that has no knowledge. 9.- Guide the people around you and spread the word why we need to take control. 10.- Teach your kids to be financially intelligent. 11.- Spread the word. 12.- Join and donate http://rollingjubilee.org At http://rollingjubilee.org an organization that buys debt and then abolishes it giving relief to those in need, this organization is the first one of its kind and needs help from everyone here. Let's do something, TOGETHER!!!! anything is better than nothing! one dollar times a million can be 5 thousand lawyers fighting back for you! think about it. I want to thank Midland Funding LLC. and Especially Timothy S. Brown because without them I would still be living in a cave! Thanks to this chapter of my life, I can see now and I acquired the necessary knowledge to start something for our community and for those in need. Remember...it's...rightfully...not...yours!!!!
  2. This is awful I couldn't even sleep last night, I spent my night recapitulating what happened at the trial with Jacqueline and I really think she screw me! I am so disappointed about the whole process, Midland never proved that they owned the account, I might not be quick on the oral argument but everything was explained on my trial brief and declaration! why o why she didn't acknowledge this? furthermore I had my MIL even if its NOT the right instrument the explanation on why the documents should not be admitted are there! with case law and everything! Its beyond me how they can have a case JUST because affidavits from people that live out of the 150mile range from the court and STILL be admitted! they dont comply with the CCP 98, the affidavit of Kenneth Smith is completely hearsay never the less this woman admitted and hear EVERYTHING he had to say! even though he has NO personal knowledge of the account! I had asked him if he ever worked for Chase and said no, never been in New York never been on Florida but he KNOWS my account, when asked about HOW the amount they claim came to existence? he dare to say that all of that data was NOT produced by the original Assignor, so it is my understanding that HE does NOT have PERSONAL KNOWLEDGE!!! therefore is hearsay!!!! she over ruled. She is a pro-Plaintiff and unfair in the sense that they know we are pro-pers and she should guide the pro-pers so we can have a fair trial she pretty much left me hanging, when I objected to something she would say its not the right time to object and then, by when was the time I already forgot what I wanted to object to, Mr Smith will talk and repeat the same crap over and over.
  3. Is there anything I can do at this point? should I proceed on an appeal? I think I have ten days or so to file right? I mean it is even logical? where should I start? anybody? @shellieh98 @small fry @calawyer any thoughts? Thank you guys.
  4. OK very bad news I lost! judgment against me, I went to the court and then they moved it to a different department N24 with Jaqueline, I heard horror stories about her, although she complemented me on my motion in limine and my trial brief, she said that since there is no jury, motion in limine is moot, not sure about that but she started trial, heard the plaintiff and all the lies, I objected that was hearsay and the business exception rule, she paused and asked plaintiff to elaborate why should be admitted, he did and then called witness to support his case, Mr. Smith showed up and said his lies, Judge admitted his **** I still objected and questioned witness but pretty much Plaintiff questioned him all over and have pretty much nothing to ask,I asked a few questions but there was a lot of question not relevant and judge got irritated with me, I apologized myself and I said that I was trying to hard to keep up, never the less admitted some evidence, Plaintiff put me on stand and asked me some questions regarding the account, I agreed to some and denied to some, they come up with some surprising new evidence, and I objected, judge agreed, asked me for my statement I froze and didnt know what to say, so didnt said anything. For the closing statements, I used what i had on my motion on limine and trial brief as closing statement and she ruled against me. done! Well now it seems I have to change bank and remove my direct deposit and go and hide under a rock, It was a wonderful experience i learned a lot about my rights, but the hard lesson was to have a judge that sides with these crooks, even though they cannot show proof of assignment and that they own the account, she anyways ruled in their favor, at the end I heard her say to Plaintiff lawyer see you later Tim! she should have said, see you Mr. Timothy, I hope she gets her check soon from Midland, so great to have corrupt Judges in a great country like this! Lesson: GET A LAWYER, at the begining of the process and get payments with the lawyer instead Midland believe you me its well spent money. For all of you in SD county I have a great lawyer..too late now...but you can PM i will share the info I wished I had this guy before trial but anyway...what comes around goes around God bless this forum and the nice people that helps the less fortunate. Now I am a statistic number in their book.
  5. God! it seems I am too late then! I called the court a week ago to file my MIL and the gal at the court N26 told me to file it an hour before! that is why I didnt file it! good God well, it is what it is at this point. Thank you every body for all the help given, and yes it is tomorrow at 8:45am I will try to sneak my motion with my trial brief which no one has file not them not me, I guess its because the Judge who over saw the case its Not the same Judge who is going to actually precede the trail. Who knows... wish me luck guys because in this cases being prepared is good but really all depends on who you get which at the end is luck. I will post my result as soon as I get back from the court tomorrow. If you guys see mistakes on my post its because I am drunk celebrating! if not well you guys can imagine the end result! lol
  6. @small fry Thanks for the info! God I was reading it and my heart was beating strong! Jezz it seems I am unprepared somehow there is so much to learn! anyways I have no idea who the Judge is going to be, our first judge send us to a different department and we will be on a wheel you go figure. I have one question at what time I should file the MIL? or should I just include it with my Trial Brief? by the way should I file the trial brief and MIL an hour before trial and if so where? anyone knows? @calawyer any recommendations? trial is this monday!
  7. @longstand no worries whatever I can do for you let me know, believe me its hard to do this thing by ourselves, but we have to doit! Today I sadly saw how many people didnt showed up and lost by default! only a handful of us showed up I would say no more than 4, There were some people with attorneys which is always an option if your debt is large mine its only $1,300 so didnt make sense to hire a Lawyer for $1,500 to save me from $1,300! so I figured even if I lose (which I dont think so) I will be kinda in the same boat money wise, so I will have fun in this process of which I might add, I have learned a lot, about my rights! So let's spread the word to those less fortunate and help in any way we can. @longstand so if you need anything let me know I will help you as far as my knowledge can. I have samples, pleading papers motions, rules, video links etc. Good luck! I normally check this page at least once a day, normally at night.
  8. Hi @shellieh98 I did subpoena the witness, It was quite a big deal to find this cat! This Kenneth Smith in his affidavit gave 5 addresses, two outside of 150 miles, 2 in L.A. and one in SD, I didnt hire a server so Wife and I went to serve him, and of course never heard of him at the address provided, we call at the offices in L.A. nobody knows him there either, went back at the SD address and finally after interrogating some personnel, found this cat at the aero drive address, we went there and asked for him and subpoena his a$$, believe you me, he was surprised to se us!!! lol. Today I had my Trial conference and went ok, very simple lasted 2 minutes, Judge asked if we were ready, we both said yes, he asked for the joint conference papers, Timothy S Brown gave me a copy of the brief with annotations that I made a few days before we both signed and gave it to the judge, he said that we were to have trial next monday on a different department, we all agree and he dismissed us, wife and I left the room and Timothy followed us with his security guard...oh yeah he has one covering him in case someone wants to take revenge at him, too many angry people out there! he approached me and ask me if I wanted to settle, I burst a laugh and I say "Brother why I would do that? you have nothing on me, he kinda laugh and I said those affidavits are nothing they wont pass the motion on limine on monday! he looked surprised and very politely I said, see ya monday have a great weekend! Lets see how it goes on monday I will keep you guys posted! thank you for the good vibes!
  9. Hi Forum! I am sorry I have been absent, had a lot of work and I am in another Trial, Wife and I sue brother and mother in law for $1.5 million dlls, great cats those two, sole two properties under our noses, changing deeds of trust and they re-convey the houses under their name when to the bank ask for a million dollars, bank gave it to them and now we are screwed! so that is the reason I was absent, head spinning and more! Anyways tomorrow I have my trial conference I am kinda scare I have been preparing myself following Astmedic's suggestions I am ready with my motion in limine and my trial brief I am ready to strike their affidavits which are hearsay and hope that will kill the case I will post tomorrow how it went, I could be all the way here at the doorstep without the help of this forum. Thanks to everyone that have ever posted something, anything in this forum!!!
  10. @calawyer Ok I understand. But my question is... the Plaintiff has 10 days to respond a meet and confer letter correct? or is 30 days? in Cali SD
  11. @calawyer thank you, can you please elaborate a little bit more? so you suggest that I will send them a meet and confer letter and.."request for better production of documents on the letter?" the time for them to respond is 10 days? and if all fails a second letter and then the motion to compel right?