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smitty009 last won the day on April 12 2017

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  1. Thanks Anon Amos, and thanks for all your input over the last year.
  2. Just wanted to give the update on the latest in my case----- THEY DISMISSED THE CASE !!!! I was supposed to go to court this morning and as I was getting ready yesterday to go buy a new tie, when I got a call from the plaintiff's lawyer and he told me to check my email for a message from them stating that they were "closing my file as a permanent hardship" and sent a request for a dismissal to be filed with the court ! I checked the docket all day and later on the case was showing dismissed and removed from the docket ! WOW !! Thank you so much for all the help !! I really want to thank everyone that helped me with this over the last 12 months ( wow, a whole year and 8 pages of panic and anxiety from me and calm reassuring help from all you). So THANK YOU for the incredible and continual help: Anon Amos, Sadinca, Ryan EX, Skippy1960, BV80, and all the others without which, I would probably of quit long ago. And for the immense help in the last 10 days with the 1 million PMs and emails in getting ready with the actual trial brief, questions for their witness, and closing statements for the trial , Calawyer ( even if they never got actually used, I know I would of kicked A?f6$^8f&rSS ! with them ) THANK YOU EVERYONE !! Oh and Bluesky, this is why you keep trying when you think something probably won't work.
  3. Thank you so much for all the help !! OK, that makes sense ! Thanks again !
  4. What areas might there be doubts cast on ? and how do I cast them ? OK, sounds great ! How do I do this, for example ?
  5. What I don't or can't thru my head is what I am supposed to know that is not on their statements and with a live witness to testify to the accuracy of those what do they even want with me. Like I've said, all I even remember since I didn't get many statements the last two years of the account (they had the street misspelled ), was the settlement that they seem to want to ignore from their whole case since they have no witness for that other than me and I don't remember much about it, either. (sorry, rambling) Do they really need me to substantiate their statements ? I just don't see how.
  6. Thank you BV80 for the clarification. But I'm not worried about anything like that, I just thought it might be simpler. Thanks
  7. Thanks Anon Amos ! It doesn't feel right to me either but I wanted another opinion. Thanks
  8. Thanks for any input ! I was browsing around this site and came upon a member's opinion on getting called by plaintiff as a witness ( Iapologize to the person posting as I copied the quote but did not save the source). The quote goes like this: "This needs to stop and you can stop it by citing the following case about the 5th amendment: In Lefkowitz v. Turley, 414 U.S. 70, 77, 94 S.Ct. 316 (1973), the U.S. Supreme Court stated this rule as follows:" "The Amendment not only protects the individual against being involuntarily called as a witness against himself in a criminal prosecution but also privileges him not to answer official questions put to him in any other proceeding, civil or criminal, formal or informal, where the answers might incriminate him in future proceedings." I'd like to get some opinions on using this as I am toying with the idea but don't want to alienate the judge.
  9. Does this mean I cannot bring up the settlement made with plaintiff's prior representative at trial or my trial brief in any way at all ? Trial is 2 weeks out
  10. No, I did not. You mean I needed to give an affirmative defense with my general denial 15 month's ago ? uh-oh
  11. Thanks for the reply. I did put the papers in my response to their 96 request so you think I should continue that way ? That's kind of what I was thinking since it got me past their MSJ. Would you include the other defense, also ? Should the witness know about this settlement ? Is this ammunition at trial ? Thanks again for the input.
  12. Upon researching the witnesses name on google, I have found that it is a "legal specialist" with cap 1 since 2/2016 and a lawyer since 2009. I'm wondering what "personal knowledge" would she have with my account since the account hasn't been active since 2013. Doesn't she need that to testify ??
  13. Anyone out there know what I should do at this point ? I had planned on fighting the 98 in lieu of testimony and they decided to have a live witness, instead. They don't say what this person is supposed to testify to, where she works, nothing except she apparently lives at the law offices as that is her address. So, now I don't have a plan as to what to do now. Do I try to discredit the witness ? Which I don't have any idea how to do this or when or what to object to. Or do I use an affirmative defense and claim: " Accord and Satisfaction as Defendant alleges that the original creditor accepted payment from a third party for the alleged debt, or a portion of the alleged debt, or that the original creditor received other compensation in the form of monies and/or credits." As i had worked out a settlement with another collector on this same account, paid on it for over a year previously and then they mysteriously quit collecting. And question why the witness has no info on the records of those transactions. But, do I need to have this info in my Trial Brief ? I already included copies of statements and a payment schedule in my answer to their 96 as my exhibits and used them to fight and win the MSJ they filed. or claim that: "Defendant alleges that the granting of the Plaintiff's demand in the Complaint would result in Unjust Enrichment, as the Plaintiff would receive more money than plaintiff is entitled to receive". Since they are suing for more money than their prior collector settled for ? or that; Being that I did not receive regular statements for 2 years as they were sending them to the wrong address back in 2011-2013 and having 8 collectors on me at once confusing the whole situation back then that I can't really recall each creditor completely, which is true too. ( I can't imagine winning this case with " i don't remember". even when it's true) I'm not clear on what way to go and how to go there? Is there a case that is similar ? I don't even know where or how to look. Trial is 2 weeks away. Any help and/or opinion would be much appreciated at this point.
  14. Thanks Calawyer, I had started it under a Declaration of Defendant but I'll change the heading. What else should I file ? Any suggestions on how to handle the witness ? This does have me concerned, Not the being called but will they expect me to know dates and amounts because at the time I was going out of business and was dealing with 8-10 credit lines and really don't remember all the info of each. Or is it just, is this my signature, and name and did I have an account ?
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