fight2win

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About fight2win

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  1. I didn't know if JDB would settle. It might have made them more compelled to settle knowing that I had an Opposition prepared. I didn't want to settle out of weakness and fear.
  2. No next time for me! It would have been nice to find out, but I decided not at the expense of my family. If I was helping another person, I'd probably encourage them to settle unless that person had the funds and the time to fight. This process is exhausting. Forget a "pay for delete" - it's more like "pay for your sanity". And Harry, HONESTLY, anyone who comes here for help should never ever blame anyone for the outcome. We all make our own bed.... If I had decided to fight and lost, and had I taken every ounce of advice that you had given, I would not have returned here bitter with you.
  3. You have some great information from fighting all of your "cases" - using an attorney. However, pointing out publicly that the Plaintiff has proven their case might possibly be perceived in another way. And FWIW - I hope you do help the next guy. My outcome was good because I made the best choice for me.
  4. Harry, no, I don't blame you in the least, or anyone for my outcome. My outcome was good - which is why I said "I'm happy with my settlement". In over 10+ years I've had less than $5K worth of debt - which some went into default when the economy tanked and my husband lost his job for a short period of time. $500? How could I complain? What I was saying was that people come this forum for help. Helping someone can very well come in the form of a reality check, and helping someone to see other possible outcomes. For that, I thank you. However, I started getting some help, and then when I was trying to apply that help to my back-up plan, it seemed that many of you started to tell my why I couldn't win in court, or an appeal (which was never my plan anyway). I didn't know if the JDBA would accept a settlement because they already had a MSJ filed with the court, and I only had until the 1st to answer. They had the advantage of knowing the judge, so in my mind, it was *possible* that they could tell me I needed to pay the full amount that they were asking, or they would just let the judge decide. I just wanted to feel prepared to oppose their MSJ in case I needed to. I didn't expect to pay less than $500, and was pleased that was all I had to pay. In the future, if the situation looks grim for a defendant, some comments would be better communicated privately. That is just my opinion. My "thank you", Harry, was genuine.
  5. Settled this morning for $500, one payment, and dismissal with prejudice. Asking for help on a public forum where you need to post the details of your case, and then being told that the other side has already proven theirs is the equivalent of saying "you've ALREADY lost". Any individual who feels the need to make that statement on here publicly is not trying to be of any help. I am sure that the lurkers from the other side find it easy to get updates - if and when they want. My amount was far less than others on this forum, and some people probably have a lot more riding on the outcome, so comments on here suggesting that someone truly owes a debt, or pointing out all the ways the other side is probably going to prevail would be better communicated through a PM (in my opinion). I didn't feel that I had any leverage at pretrial thanks to much (not all) of the help on this forum. I am happy with the settlement, regardless.
  6. What happens once a settlement is agreed to at pretrial? There will still be a MSJ floating around the court. I imagine we, jointly, file some of type of paper stating the terms of settlement, but is there anything specifically I need to do to? Thanks
  7. Harry, I appreciate your help - truly I do. I don't need you to comment anymore as you have all told me anyway, I've lost. I understand 100% of what you are saying about our AZ court system. I could have all my ducks lined up and have a solid case against Mr. JDB, and STILL I could lose because of how it works here. Some win, some lose - life has a way of balancing out - regardless. I'm not going to die (not from this, at least). Goody - so true - I am not a "victim". I get it. But still, thank you. No matter what, I appreciate your help. I do believe that is what you were trying to do - and you think I'm not really "hearing" what you're trying to communicate. I admit, I don't fully understand "law". I'm a normal person, a mom of 3 great kids, and we're going back and forth over $1000+ bucks - this is not worth it. Let the JDB's continue to win; I surrender. Hey, and if I settle - all is well!
  8. I don't understand what, exactly is being argued here. 1) I said I want to settle 2) I said I want to prepare an Opposition to their MSJ in case they won't settle. And if anyone from my actual case is reading this, I'm being screwed by all of your comments. Thanks!
  9. Exactly. That is all I'm trying to do, is give the judge a reason to doubt. And my Opposition to MSJ was my absolute backup, just in case Mr. JDB doesn't want to settle. Am I being understood at all?
  10. And yes, I also understand that there would not be any witness at anything other than trial. And, apparently, they are trying to use the Affidavit from CACH as a business record - I didn't think an affidavit could be a business record. But that affidavit is attesting to the correctness of the documents received from the Plaintiff, and there is, at minimum, a date of sale that is inconsistent. You all are helpful, but you turn and completely confuse me. What do you think I'm trying to do here? I'm not trying to be "up against" anything. I simply asked for help getting past the MSJ - if need be.
  11. Ok, I'm getting confused. Why then, did any of you point of the flaws in the affidavit? Why? And yes, I am reading through what you posted. So you are telling me there is NO POSSIBLE WAY to get past the MSJ - IF, and only IF I needed to.
  12. I believe these "material facts" are enough to get me past the MSJ (not that I'm intending or hoping to have to file it). Others can chime in, how, by law, could a judge make an excuse to allow it? What case law would they use to justify a different date on an affidavit from the OC regarding sale of accounts (that my alleged account was supposed to be part of) - than what is noted on the Bill of Sale. I'm legitimately asking, what might the judge look at and say, "That is NOT a material fact." Additionally, what law would the judge use to allow the affidavit from the OC to be signed a year after the event? Harry, forgive me if you've been giving me this law, and I continue to miss it. Can the judge say, "Eh, no big deal here." The bank officer is attesting to MY alleged debt. She said it was sold on a specific date. The Bill of Sale says that MY alleged debt was sold on a different date. Don't they have to prove that they own MY account? How does her testimony and OATH conflict with that of the Bill of Sale? That is LEGITIMATE.
  13. It's my understanding that judges are ruling on these cases, and making decisions that essentially go against the rules. Some judges are allowing evidence that according to the law, shouldn't be allowed. They are kind of tweaking the rules and deciding how THEY see fit. And, in the end, it's a roll of the dice. If every AZ defendant just rolls over and doesn't fight back, how does that help? Wether I owe, or don't owe a debt (Goody) is not the issue, the issue is whether I owe a debt to Mr. JDB, and if I do, indeed, owe a debt, they should be made to prove it. But Harry, I hear - loud and clear - that the courts just don't work that way. I hear your warning (and the warning of others) - but I have a different goal in mind. I do think there are enough discrepancies in the Plaintiff's case to, at minimum, possibly get the judge to deny the MSJ. There are material facts in dispute - I want to understand why the affiant from the OC entered a different date for the alleged account being sold/transferred over than the dates noted on the Bill of sale. That is legitimate. Also, the affiant signed the affidavit a year after the sale of the account. Those are material facts, in my opinion, enough to possibly get the MSJ denied. I don't think the Plaintiff wants to go to court, but it was my hopes to have prepared a good opposition going into pre-trial Tuesday. I've already stated that it is my desire to settle and be done. But I feel if I have a strong enough case to get me PAST the MSJ, I have more leverage at working at a reasonable settlement. It's still a roll of the dice for them. If they know that I'm going to file an opposition to the MSJ if we don't settle, then they have to spend more time and money fighting IF it went to trial. And don't they have to fly out the affiant who actually SIGNED their CACH affidavit - that person is located in Colorado? Or, can they have someone else attest to the truth of that person's testimony in lieu of the affiant's presence? I don't want to go to court, I don't want to keep fighting and wasting my time here. I just want to go to pre-trial prepared and have an ounce of hope getting past the MSJ. That is it. Once again, I've said this numerous times but I don't think anyone has actually heard me: I fought this JDBA last year. Same evidence, same documents, same affidavit(s), all the same. After my first pre-trial - he dismissed the case. Harry, maybe that we pre-Parker. Maybe this is why. Or maybe they know the judge (same judge)!