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Last one

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Last one last won the day on December 16 2014

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  1. I WON my case with H&H/Portfolio. It went to trial, I was put on the stand, but I won a Judgment against them. All was hearsay, so Judge was in favor of defendant (me). I filled out form MC-010 for my cost, Faxed it (saves footwork) to the court and mailed it to Hunt & Henriques. Hunt mailed me a check within 10 days for the full amount I asked for!? Later, weeks later, I received in mail a copy of form MC-010 from the Judge. She had reduced the amount due to me , she did not approve my mileage of about 80.00. SO Hunt paid the Full amount I asked for , without waiting for the Judge to decided the amount allowed. SOOO sent it out now, your cost. I never have seen or heard anything form HUNT about this..so my win again!! This site is great, so glad I ran across it, they save me about 15,000.00 dollars, so happy. CONGRAT'S TO YOU!! FYI to ALL; Don't give all your information on here. HUNT/Donald Sherrill told me about three times he followed my thread and reads others, good to know.
  2. I AM SOOOO HAPPY FOR YOU!!!!! I know the feeling of RELIEF, its over, its over!! You did a lot of work, I would have been so sad if you lost, but YOU did NOT. Get some rest, clear you head, I can't wait to read of what happened in court, but rest your mind first. GREAT job! Thanks to all on here for helping the many people that did not know they could fight these jdb's, thank you!
  3. FYI; Midland is doing the same thing to me. They keep adding interest and showing late payments??? This is on two accounts that they dismissed before court dates about 2 years ago.. SO I am very interested in what others may have to say about this issue?? Is this still legal for them to do?? How do we get them to stop??
  4. These people can help you!
  5. Midland dismissed two law suits they filed on me, 5000.00 and 7000.00. I am on S.S.D, so I sent them a hardship information. They sent me the forms and I sent them my S.S.D. income information, well not all information, just what they needed to know. They dismissed my cases a few months later. Don't know if this can help YOU, be there ya go
  6. I really, really want to read this, but for some reason it won't open for me!! I need to read this new information! IS there anything you can do so I can read it????? meaning the Hot off the Press, regarding CCP 98 opinion. THANKS SO MUCH
  7. Fight these guys all the way , they have to prove up! FYI: I had two law suits from Midland, 5000.00 and 7000.00. I was never even served. I found I was sued on courts website (I'm in California, San Bernardino). I sent them DV letters and advised them I am on S.S. Disability. So months later they sent me Hard Ship paperwork. I sent them my proof of Disability payments. To my surprise they Dismissed the two suits. On your suit it reads; "Plaintiffs Efforts to resolve the Underlying Obligations" #5, #6. I don't know if this could apply to you, but I thought I would just toss it out here as it may help you or someone else. Stay strong, hang in there, you can do it!!
  8. I am in process of last debt suit. Hunt Henriques/Citibank. I sent BOP, received back (sent statements only) but , the lawyer is also signing Proof of Service? I sent Discovery, received back (objected, to burdensome for them), noticed again, the lawyer has signed the Proof of Service? I don't believe he should be signing this, as I know I have to have someone else do it??? Is there something I can or should do about this? How should I handle this?
  9. Good day to all! i have a question? I received BOP and Discovery from a law firm. The lawyer signed the document packages. He also signed the Proof of Service by mail??? I don't think he can do that, can he??? If not, i think not , what should i do about the lawyer signing his own Proof of Service???? Any thing??? Help please

    1. Last one

      Last one

      to clarify, these are my BOP and Discovery. They have sent them back, of course , all objections and to burdensome for them.

  10. Send the BOP now, simple form, then discovery. The purpose is to let them know you are going to fight back. They want a easy win. So let them know you are not as ignorant to litigation, as they think we are going in Pro Per. And if they have nothing to send to you that will hold up in court, they may just dismiss the case. Make it harder for them to prove up evidence, that they may not have. I believe beings they have sued you , that puts a hold on the SOL. If they dismiss the case and resue you they have to do it before the SOL. in 6 months. I don't know anything about arbitration, sorry, but other do and have advised you some already.
  11. Send BOP, Discovery. you still have time. Then CCP96 before trial, that is if it goes that far. The PRA is suing you not a Lawyer, so maybe they will dismiss it. Send them proof of judgment proof, it could maybe work for you, who knows. I told the Law firm I was on S.S. disability and they did not care in my case. I gave them proof , that did not work for me. Best to you
  12. Hi Mimi, I won my case with PRA. Was sued by Hunt & Henriques for PRA. I WON THE JUDGEMENT!! They had to pay ME. I was amazed I won. We went all the way to Trial for 3500.00. I questioned witness and I was put on the stand also, BUT I WON. If I won SO can YOU!!! So fight the JDB all the way!! They have to have a witness with personal knowledge of the creation of records from the Original Creditor. Here is the courts ruling in my case for you to view and maybe help you (i'll make it short, with key points). -Plaintiff sought to establish the debtor-creditor relationship between defendant and plaintiff's assignor by way of billing statements allegedly mailed to defendant. Plaintiff's witness testified on behalf of Portfolio as the Custodian of records. He testified he had NO personal knowledge of the mode of preparation of records created by GE Capital. He was handed copies to review one month b4 trail to review. -Evidence Code 1271 requires: testimony by "the custodian or other qualified witness" as to the identity and mode of preparation; the sources of information and method and time of preparation; the timing of the creation of the record relative to act, condition, or event it memorializes; as well as testimony that it was mad in the regular course of business (OC) -Defendant objected to the admissibility of the records on hearsay grounds. -Plaintiff failed to lay a proper foundation under Evidence code1271. Therefore, the statements purporting to reflect a credit card debt of defendant do not come into evidence. Plainfiff concede they have no documentation of the original agreement, no writing subscribe by the party charge. -Defendant testified she has no recollection of ever seeing the statements at issue other than in the context of this lawsuit. She also testified she had no recollection of ever having a GE credit card. -Defendant if the prevailing party. -Judgment against PRA -Judgment for Defendant -Judgment after trial/Dismissal So, to my shock that I won a Judgment . I went to trial and I beat these Lawyers. I still just smile with amazement. Also, I had no communication with plaintiff until I received the CCP98 30 days before trial. No discover, nothing. I learned by coming across this site and learned about the CCP98 Bull crap, lies and I objected to it at trial. so they withdrew the ccp98 , asked for continuance to bring in another witness and they did (I did not know at the time I could have objected to the continuance request or I would have). Another trial date was set. They did not expect me to object to the ccp98. The judge said; oh, we did not expect this, so she allowed the continuance. I guess they expected me to pay or a judgment for them was suppose to happen for plaintiff. So, please fight, YOU can do this. It is stressful, but you can win for sure. Learn all you can , read, read, read, do, do, object, object, object..... Good luck to you!!
  13. CCP98....Object, Object (out of state, no witness was there for service) Hearsay, Hearsay, Object. Affidavits , hearsay. Object , Object!!!! The lawyers are slick, they do and ask for things that are wrong, but YOU have to listen and Object to the things they try to get by with. because they think we (InProPer) know nothing. Listen, Listen and Object! Object, never saw statements before litigation. I don't know, don't recall, deny, I don't remember. Object, witness (if one shows up) not custodian of records, has NO personal knowledge of how records were kept or created. Only original creditor can testify to that. Object witness NOT qualified. I just won a judgment against Portfolio, so I know if I can do it you can too! I posted some things that happened in court, for others to read, maybe something in it could help, not sure. Be sure to have your disability information and be sure they get it in writing. It worked for me. Good Luck
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