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LoveIsPower last won the day on November 10

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  1. Well, first of all, I think a (mild) CONGRATULATIONS is in order! I'd give you the full congratz (🥳), but since you don't have anything in writing yet ... I'll hold off on that one for a few days 😁 Can't say I didn't see the dismissal coming, though. They had nothing and they know it. I had everything in signed and in writing and I STILL showed up to court. I didn't want to mess around because I kept on checking the status online and nothing was showing up. The day of the trial I went up to the main clerk's window and it showed that the dismissal had, in fact, been submitted by the plaintiff a week before and that it was already sent up to the specific department (judge's courtroom). I went up to the courtroom and spoke to the department's clerk who jumped on her computer to check the status. I had a printout of an email from the plaintiff's attorney saying that they had already filed the dismissal to the court, etc, and I showed it to her. She confirmed that the dismissal was there, made the official input on the department's system, and told me, "Ok, all done. You're good to go." I asked her, "That was a dismissal WITH prejudice, right?" She looked, smiled, and said, "Yep." I said, "thanks!" and went on my way. Didn't even talk to the rent-a-lawyer. I think there may be a way to call and talk to the clerk so you don't have to go all the way down to the courthouse, but I got crazy busy. Check online for your clerk's phone number, in case nothing shows online. Since your trial is the 22nd ... that means that TOMORROW is the "5 court days" deadline for submitting your objections (MILs), right? I'll be honest with you ... with the way their lawyers have handled this case (very sloppy and lackadaisical), I'd be wary of trusting them to file things on time. Many people will tell you straight out not to EVER trust the other lawyer, period. I totally understand why. I would call them first thing tomorrow and ask for something in writing and with a signature. I'm not a lawyer, so I'm not sure exactly what would be legally binding *** REMEMBER THIS: Right now you have them by the cojones. If they don't dismiss, this case is yours to lose ... if you don't object. So ... YOU MUST OBJECT. If you object, you're golden ... they have a barrel full of hearsay, and no affidavit or live witness to authenticate it. So ... they have nothing. BUT YOU MUST POINT THIS OUT. If you don't point this out ... If you don't object ... then you throw yourself (unnecessarily) at the mercy of the court. It's a crapshoot. Maybe the judge gets up on the wrong side that morning and ... whoops. And that would be pretty silly, since all you have to do is object, object, OBJECT. So ... if they won't give you something in writing and signed, then I would recommend that you go ahead and submit your objections (MILs) to the court and serve them to the plaintiff (you can even serve it to them via fax or email, if they agree to receive them that way). Listen, I really am not doubting that they will actually dismiss ... this is textbook in California. You played it right, they know you know your stuff, there is no use spending any more time/money on a losing cause, so they dismiss. But ... YOU MUST OBJECT. Again -- (mild) congrats!
  2. Very true! Again, check your local (county and department) court rules for how they prefer objections be submitted!! Some call it MIL’s. Some don’t. Go by YOUR local court rules. And remember, double and triple check those deadlines. AND ... ALSO ... sometimes the deadlines are in “court days” instead of “regular days” (not always, but sometimes they are — READ THOROUGHLY!!) In the case they are in “court days” and not regular days, here is LA County’s nifty “court day calculator.” It saved my bacon 🥓 once!
  3. Here are a couple of MIL that may also help you. I forget exactly which thread this was. Since they can still introduce stuff that went through the discovery process (not sure exactly what you got), it could help to object to the fact that it is hearsay without a witness. I think one of the MIL's mentions that they didn't submit an Affidavit re: CCP 98, same as in your case, so they would need a live witness. These are, basically, telling the court, "they sent me this stuff, but they need a live witness." In your case it's even better, since they didn't respond to your CCP 96 request so ... they don't have a witness at all. (again, I am not an MIL expert ... other members may be able to help you a bit more once you modify your MIL's). MIL - STATEMENTS.docx MIL-BillofSale.docx
  4. A couple of lawyers on recommend MIL's. Take a look at this thread: IMHO (not overconfident -- I do not like overconfident) ... if you present a killer MIL or two, you've got them. At trial they can still introduce what was exchanged through the discovery process, but ... that is all hearsay. They have to authenticate all that hearsay. There are two things they can present in order to authenticate all that hearsay: 1. An Affidavit in lieu of live testimony per CCP 98 ... which they did not submit 30 days before trial. So that option is off the table. 2. A witness from the OC. Since they did not even respond to your CCP 96 request ... well ... they don't have a witness. So ... 😉 Now, I'm not saying go crack open the bottle of champagne just yet! You still have to OBJECT! 'Cause if you don't object, they may try some BS the day of trial, like bringing an affidavit or a witness! In this "litigate-by-numbers" business model they are hoping you don't know the law. So, you MUST OBJECT! To borrow the line from the first lawyer in the AVVO thread, "It looks like you have them on the ropes."
  5. I'll be honest ... if it was me, I would prepare a Motion in Limine objecting to any evidence/witnesses they may want to present since they failed to comply to CCP 96. I like to OBJECT FORMALLY and IN WRITING. CYA in case of an appeal. But (not to sound overconfident -- I do not like overconfident), this sounds like the traditional "litigate-by-numbers/hope you don't know what you're doing," case. I mean ... they didn't send you a CCP 98? AND they didn't respond to your CCP 96 request!? Really!? I mean ... really? 😂 What do they expect to come to court with!? 😂 Here is a sample of a MIL that @sadinca left for me. I think you can edit/adjust this one: (admittedly, I am not a MIL expert -- there are much more experienced members that can help you in this area) MIL No 2 Sample - Evidence or Witnesses Not Named.docx Not sure where you are, @MouseRabbit. Check your local court rules for the timelines/deadlines as to WHEN to submit MIL's to the court and serve them to the plaintiff. (and make sure to check your LOCAL-LOCAL department court rules, as they may be different than your Local County Court rules. For example, my county court rules deadline for MIL was 5-days before trial ... my judge's department court rules were 10-days before trial). REMEMBER THE DEADLINE APPLIES TO SERVING THE PLAINTIFF ALSO, so double and triple check that calendar. And send everything CMRR, as always.
  6. @Harry Seaward ... I'm with you. I agree! I wasn't talking about every single post. I was referring to THIS discussion, about THESE specific articles from The Shriver Center on Poverty Law written in 2010 and 2012. We're good!
  7. Ahhh! Much, much better! "Dangerous" is a word that definitely applies here! Thank you, @Goody_Ouchless!!
  8. Wow @BV80!! Your post is a GOLDMINE!! I don't even know where to start! This is going to be INCREDIBLY HELPFUL for current and future visitors to the site!! Now THIS is what I call a useful contribution in a pinned thread!! Thank you!! Being in California, I can 100% attest to this! Not only in my case, but of those of the fine folks I have given some assistance. Amazing! Had no idea the percentage was that high. This is why I've always told people to look at arbitration. I've never used it, but I knew it was very successful. Agree 100%!! IMHO this is what makes this forum great! Again, brilliant @BV80! I'm laughing to myself because I'm wondering why I even replied! 😂 I agree with everything you've said and think your post is unbelievably helpful -- from top to bottom! All I can say, again, is ... THANK YOU! Many, many people are going to benefit from it!
  9. Nope. Again ... you guys came in and said it was "worthless." When, as you just pointed out, some parts of the country can benefit from it (like California), and that you are sure to point those people to the appropriate California threads. You don't have to write down a long post. You could have said: "A warning. This stuff doesn't work in most of the country any more. Be vary careful. In some states, like California, it may still work, but not for most of the country." #BOOM
  10. My point exactly! You are great at pointing people in unique situations (like in California), to look into using a different strategy. This is brilliant! My issue was with @Goody_Ouchless coming in, saying "this is worthless," and just leaving. When, in fact, like you just said, other people in some parts of the country (like in California) may actually benefit from it. If you guys came in at the beginning and said -- "A warning. This stuff doesn't work in most of the country any more. Be vary careful. In some states, like California, it may still work, but not for most of the country." -- then we would have a helpful discussion. But both of you led with a dismissive, "this is worthless."
  11. Now THIS is a SENSIBLE CONVERSATION!!! THIS right here!! Thank you @BackFromTheDebt!!
  12. Have no earthly idea what this means. You are the one who started the discussion/argument with the "worthless" comment.
  13. Tell that to the 10 % who could have used that strategy to win. See, was that so hard? Didn't see the word "worthless" in those two sentences. Beautiful. Your perogative. Funny thing is, if you took a second, you would realize from the beginning that I am not disagreeing with you. Perhaps some strategies apply better in most of the cases around the nation. But saying that a strategy is "worthless," and dismissing it offhand, when it could actually help SOMEONE, is silly. That was my original problem with @Goody_Ouchless coming in, writing that, and leaving.
  14. Are we really going to get into semantics here? Ok ... The definition of the word "worthless" is (Oxford American) "having no real value or use." I'm in California. I keep reading stories from pro pers winning in California. I've helped people win in California. So, obviously SOMEONE, SOMEWHERE, got value and use of it!! This is why using the word "worthless" is ... well, it doesn't quite fit, does it? Now ... if you write ... "I think this strategy is BETTER. As a matter of fact, statistically, it seems to work more often than the other one. Here, let me show you ..." NOW WE'RE HAVING A SENSIBLE CONVERSATION! Or if you say, "In some states, like (list states here) it seems to work well. But be careful, in these other states (list states here), it doesn't work so well. Statistically, arbitration is working better ..." NOW WE'RE HAVING A SENSIBLE CONVERSATION! Using words like worthless in this context just makes you sound glib. And I'm sure that's not your intention. Your intention is to help people. As to the, "aww, pshaw! I did it, so can you!" I'm not sure if you are directing this comment at the attorneys that wrote the articles ... who never say anything of the sort. These articles are just an overview of JDB lawsuits, the law, and strategies to look at. If you read them, they do not offer anything close to, "do this and you will win," or, "aww, pshaw! I did it, so can you!" If you are talking about members in this forum who offer encouragement to people who are scared, having no idea what to do ... well, @Harry Seaward ... if you see extending kindness, encouragement, and guidance to someone so they can also win their case (just like you won your case in the past, aka. "I did it, so can you."), as a "BAD thing" ... then why are you still commenting in this forum? If you are not here to offer a helping hand, saying to someone in need, "This is my experience. I did it. So can you." or "This is the experience of these many people in this state, if they can win their cases, so can you ... then ... why are you here? Does extending kindness to someone in need make you feel uncomfortable? Everyone is different, and that is great. If you want to be a "just the facts ma'am," person, that's great for you. But, why is telling someone that they also can win their case a "BAD thing"?? 🤔 Hmm ... nothing is subject to a "sweeping generalization" without scrutiny. That's the point of identifying a "sweeping generalization" ... it is (literally) ILLOGICAL. A "sweeping generalization" is (literally) FAULTY LOGIC. I would venture that no one in this forum wants to "string someone along" only to see them lose. And I would also venture to think that NOT EVERY STRATEGY WORKS EVERY TIME? Or ... heck, maybe I'm wrong. Is there, in fact, one strategy that unequivocally has worked ONE HUNDRED PERCENT OF THE TIME with EVERY SINGLE PRO PER who has tried it, IN EVERY STATE in the U.S. of A.? If so ... then we better WRITE UP A POST IN DETAIL paint-by-numbers style, PIN IT, and then proceed to DELETE EVERY OTHER THREAD IN THIS FORUM ASAP!! That way every new person that needs help can just go there, follow the instructions, and win! --- I'm not an attorney. And I'm also not omniscient. I know this without a shadow of a doubt. Anyone who says he is, is in the wrong business. And most definitely in the wrong forum.
  15. Thanks for replying, @Goody_Ouchless! One of my pet peeves in this great forum of ours are the people who comment with a "vomited" and extremely negative answer -- in the process scaring the -isht out of people who are already scared and asking for help -- and then leave. Most often these people offer no solutions whatsoever. Again, thank you for replying. 🔥❤️🔥 In my humble opinion, here is where I think we have to be careful, and make sure we point out CLEARLY words like "most states" when we are trying to help people. Sweeping generalizations are extremely dangerous in general (besides being faulty logic). But, especially when it comes to the law. I'm in California, so I tend to stick to helping California folks. That's my forte. That's where I've won cases. That's where I've actually guided other members of this forum to their own wins. I would never presume to know the intricacies of the other 49 states, and always make sure to point that fact out when I become involved in a thread. Your very last point (#4), pointed out the fact that for California, Texas, and "a couple of other states" it may be different. Thank you for doing that. Iin the spirit of "helping" (If I may be so bold), could we have, instead, led this discussion with something like: "For some states, like California, Texas, and a few others, information like this may still be useful. But be very careful, since a lot of the states, like (insert states here), have ruled differently (insert examples here), so you must be very thorough in making sure this applies to YOUR state and YOUR specific case." I mean ... "worthless" is such a strong word. Isn't it? Wonderful! This is crucial information that we must make sure to point out to newcomers looking at a pinned post for the first time! But ... "worthless"? 🤔 There is a lot to unpack in this paragraph: Is the advice old? Well, the first article was written 9-years ago, and the second 7-years ago. The age of the article must definitely be considered. Also, in which states the attorneys practice (the first one in California and the second one in Maryland -- both authors point out this fact). [Although, in the world of the law we still refer to things much older than this, right?] Is it "stale and worthless" -- we already addressed this above. The sweeping generalization made (this "doesn't work," this "doesn't work," this "doesn't work") that presupposes that every case, in every state, is exactly the same (except, perhaps, for those in point #4) ... Besides this being a fallacy of logic ... Is it helpful? "Chain of Custody" doesn't work because settlements of the various lawsuits brought by States have led to an industry-wide policy of debt buyers not reselling debts." Hmm ... someone I just helped win a case had a debt that was sold three (3) times. Yep ... four (4) different companies. And this win happened in the last two weeks (suit filed in 2018). Can this be happening only in California? Maybe. Doubt it, though. But, I am sure as heck not making any sweeping generalizations, or telling everyone that I know it for a fact. So ... here is where I am genuinely curious (I'm serious). Now, remember, I am in California. But ... 1. Other states don't let you face the affiant (person signing the affidavit) in person? 2. ANY piece of paper that anyone chooses to propound is AUTOMATICALLY ACCEPTED by the courts? So my 14-year-old niece can go on photoshop and doctor up some billing statements, I can grab Microsoft Word and type up some Bill of Sale, I can go online and find out your address, slap it all together, sue you, and I DON'T HAVE TO PROVE TO THE COURT THE VALIDITY OF THESE RECORDS?? When did the burden of proof switch to the defendant in these states?? Or is all I need to do is to get Tricky Sally Sue to sign on a piece of paper saying, "Yep, I do declare under the law of the state of (insert state here) that all of these papers here are authentic." And the court AUTOMATICALLY ACCEPTS this!?!? No matter who she works for? What her job is? When she worked there? Am I missing something here?? "As for legal technicalities and "magic discovery," most judges look at a pile of credit card statements with your name and address and put an end to the party right there." I mean .... I've seen some pretty funky Bills of Sale (no person or account named, dates that don't match, on and on ...). So ... nobody questions this? No one brings this up in court? Tricky Sally Sue just has to sign a "correctly worded affidavit" and NO MATTER WHAT ... EVERYONE IS TOAST? REALLY!? I mean ... really? (I'm serious) I keep hearing that arbitration is amazing and works like a charm. I've never used it, so I'm not going to even begin to offer an opinion on it. And I always tell everyone to PLEASE explore ALL options, including arbitration. After all, I'm not a lawyer. I'm definitely grateful to everyone who's blazed the trail for this option that has helped so many! IN CONCLUSION I do hope that you guys take the time to answer my questions (I'm genuinely curious and it would really HELP those new to this forum and this pinned thread!) I always try to be helpful in pointing out what may work and may not -- making sure people explore EVERY OPTION to the fullest -- without making any sweeping generalizations ("Well, this worked for me, so it will obviously work for you." or "This didn't work for me, therefore it will not work for you.") After all, I'm not a lawyer, and a particular strategy may work in a specific case, depending on the SPECIFICS of THAT CASE ... which may differ a lot or a little from a similar case. If everything was black and white as far as the law went ... then we wouldn't need the Courts of Appeal, State Supreme Courts, or US Supreme Court. Right?