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gammygamms

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gammygamms last won the day on September 15 2013

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  1. With the help of this site and the many knowledgeable people who post here, especially ANON AMOS, who took me in like an orphan child, I have won my case! http://www.creditinfocenter.com/community/topic/321531-received-summons-still-lost-after-reading-info-on-this-site-please-help/?p=1263519 In the end, there were a few issues that rendered me victorious that were mistakes made by the Plaintiff's Attorney (or shall I say attorneys, as there were about 4 from that law firm that worked on my case, and 2 different rental lawyers that showed up at my various hearings). All of their errors were noted in my Motion in Limine (MIL) and Trial Brief that I filed with the court at my Trial Readiness Hearing. And just in case that wasn't going to work, I also had my Statute of Limitations (SOL) affirmative defense as the cherry on top (which they also proved FOR me in their discovery response. My case was dismissed the moment it was called for trial. Such a huge relief. So, I just want to let anyone out there who may go through this know to never give up hope. Even if you think you're going to lose, fight them, fight them... more than likely they WILL mess up and you can prevail. I'll have to say I've learned a lot through this whole process. The most informative thing that helped me was when ANON AMOS would remind me that although this was a big event in my life, to them it's just another case and they probably really do not know much about it, possibly just learning the facts of the case out in the hall just a few moments before a hearing... this is valuable to those of us who are the defendants. Spend the time to learn anything and everything you can and use their evidence against them, don't let them use it against you. The most important thing I've learned through this entire ordeal is that there are people out there, strangers who become dear friends in the process, who are so giving of their time and knowledge to help you through it. With this forum, no one is alone, you can have an army stand behind you and hold your hand through it, or you can find just one special mentor who will pull you up by your boot straps and dust you off every time you feel like giving up and get you back in the fight. I cannot thank ANON AMOS enough for the tremendous amount of knowledge, help, time, dedication and friendship he gave to me, as he was the reason I was able to win this case. And you can bet we are going after them for all of their violations. We all need to do whatever we can to get them to stop harassing good people and to stop playing dirty. They get away with it because no one fights. I researched the law firm that sued me in just my county's civil court going back about a year, and out of all of those cases, I only found a few other people that actually even bothered to respond to their summons. That means that the plaintiff automatically wins by default like 99% of the time. I'm confident that if we all just fight back we can dramatically change that.
  2. VICTORY IS SWEET After several months of trying to be the most diligent student, I have prevailed with the enormous amount of help from ANON AMOS. My case made it all the way to trial on 4/18/14, but thanks to my Motion in Limine and Trial Brief that I filled with the court at my Trial Readiness Hearing on 4/10/14, when my case was called the judge informed me that it was DISMISSED! I'm off to find the Victory thread so that I can post some of my case particulars in the hopes my experience may help someone else who finds themselves in the same situation I was in. A HUGE, HUGE SHOUT OUT TO ANON AMOS FOR BEING TOTALLY AWESOME!!!
  3. I just did google maps and the court in my county is actually 8 miles further than the court they have filled in the other county.I've already started to research the meet and confer letter. I will start looking up info on motions and evidence while I wait for their response, or 10/4. I check the court site daily to see f there's any new activity on my case, but it still shows the last activity was everything I filled and my fee waiver being granted. I keep praying that I will see the word vacated.
  4. I think 10/2 is my target date then (that date includes the extra 5 days already. 9/27 would be 10 days, then the +5 brings it to 10/2). Thank you for the info, I will research what a meet and cover letter is. Any advice on that topic anyone?
  5. As I mentioned before, on 9/17 I filed my answer and mailed off a copy to the attorney. I also mailed the BOP that day, and I have received back the post card from USPS showing it was signed for and received on the 19th. I know they have 10 days to respond to the BOP, plus the extra 5 days for mailing. So, here's my question: 15 days from when? From the day I mailed it on 9/17, making it due on 10/2, or from the day they received it on 9/19, making it due 10/4? Either way, I have my fingers crossed they will not respond, or not in time, or not the correct information. If that happens (hopefully), what is my next step?
  6. Today I mailed the BOP and my daughter in law mailed a copy of my answer and verification letter to the attorney. I went to the court and filed my answer and verification, as well as my fee waiver, which they granted. So, I guess now I sit and wait to see what comes next.
  7. Ok, that was an easy one. Here is the rule: 2) If executed within the United States, its territories, possessions, or commonwealths: “I declare (or certify, verify, or state) under penalty of perjury that the foregoing is true and correct. Executed on (date). (Signature)”. And I have that wording in my verification, so all is good.
  8. I'll have to look up that title 28 and read it, but the verification form the attorney signed and sent to me was not notarized. My verification basically follows the same format of the attorney's. However, knowing now that I should never assume anything, I will not assume that means mine does not need to be notarized and I will read, read, read to find that fact. But I'm pretty sure it does not need to be notarized because I got that info from a reliable source. Thanks for raising the question, just more knowledge to discover
  9. Thanks Anon, SO much! I am very happy and feeling quite am accomplishment at the moment. Just finished signing my forms, addressing the envelopes and reviewing all of my documents. Everything is ready to go for Tuesday morning. Though I'm sure between now and then I will review all the documents another dozen or so times just to make sure everything is correct. So, I know they have 10 days, plus the 5 extra days for mailing, to respond to my bop. If they respond, will I be expecting copies of all activity for that account and whatever paperwork there is to prove the collection agency bought the account? What do I do if they do not respond in time ? ::: crossing my fingers and hoping that happens:::
  10. Thank you! Thank you! Thank you! I'm going to the court on Tuesday now because my doctor wants me in for a test on Monday. From where I live, my test is about and hour away, and the the court is about an hour away the other way, so I'm not going to run myself down trying to do it all in one day. Tuesday is the 17th, and my deadline is the 20th, so all is still ok time wise. I will have my daughter in law mail the response to the lawyer Tuesday morning so I can take the POS with me to file and I will stop at the post office myself to mail out the BOP CMRRR. One question... I was reading the local rules for my court and it states that you have to prepay for a jury trial. IF we get that far, can I do a fee waiver for that cost? Again, thank you!
  11. Thank you for the info and for trying to help. Unfortunately, I most certainly do have a verified complaint, with the attachment the attorney signed under penalty of perjury, titled VERIFICATION. I've spent the entire day trying to figure out if I needed to verify my answer, and I'm pretty sure I do, I don't want my answer thrown out because its not verified (I read somewhere today that could happen). I don't know why for something that seems less difficult than everything else I've had to do is giving me so much grief, but it is. So if anyone knows the proper wording I need to use to create my verification, please help.
  12. After sone more research I found this: http://burmanparalegal.wordpress.com/2010/09/17/answer-to-civil-complaint-in-california/ So, according to this, do I have to verify my answer or not? Mine is a limited civil case, but I think the author of that link indicates its only required for an unlimited civil case? Just getting myself more confused and would really value some direction please.
  13. HELP PLEASE... I've been trying all day to research and figure out how to verify my answer correctly, and if, in fact, my answer needs to be verified because my summons was verified. I started out by trying to mimic the verification letter that came with my summons as Anon suggested, but the wording in his verification just does not pertain to what I would be verifying. Does anyone know for sure IF I need to send a verification with my answer and if so, does anyone have a sample of a verification for an answer I can follow or can someone please help me create this letter. I did see in one of my searches that they suggested using the term "Upon information and belief" if you don't know the info for a fact. I think that's where I need to be with this right now because I only have the summons and no proof of the debt yet? Please help if you can, Monday is coming sooooon.
  14. Thank you for all of this information, help, support, and most of all, encouragement. I really needed the pep talk and it has made me feel a little bit better. Researching, learning and doing paperwork doesn't stress me out, I rather enjoy it because I use to be in banking and then went off and ran the office, personnel and financial affairs in a small business with my ex husband before I got a divorce and became disabled. All of this is allowing me to once again dig my hands in and stretch my brain, so to speak. It's the idea if going to court, in front of judge, that freaks me out. For some reason, courts are very scary to me, even when I'm on jury duty.... just something about a courtroom twists my stomach. Ok, so I need to add the aff def #3 and then I request a Jury trial where it says defendant prays... correct? Do I just say "request for jury trial" ir hiw do I word that part? Once I make the changes, I'll scan the revised response so it can be looked over to make sure it is correct before I mail and file it.
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