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ADSOFT last won the day on February 13 2011

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500 posts and hasn't been banned yet....

500 posts and hasn't been banned yet.... (6/6)




    Hi Im back

    ADSOFT here
  2. What county are you in. This usually means you have to meet with the plaintiff regarding your case
  3. What do think, lol. I think I will start my own ticket forum, based on the number of PI attorney's out there looking for work, might be very $$$$$. .... I'm looking for partners, lmao all the way to the bank.
  4. They were not speeding tickets, never had one.
  5. It wasn't in a short time it was in the course of over several years. And for your information never had a speeding ticket. Also, we have one forum for all states regarding going to court. So it's obvious that members would mention what state they are talking about.
  6. thanks, btw, what type of attorney did you use?
  7. In california (won 2 cases): Seems like plaintiff is off the hook on the 10month limit, but it also seems that they don't have an proof. What we do in Calif(and it seems other states do too) is defendent sends plaintiff Bill Of Particulars(BOP), if plaintiff replies with insufficient evidence it gives grounds to deny everything in discovery. I won both my cases because plaintiff couldn't give an adequate BOP, which in calif (an most states means plaintiff has no case). Send a BOP
  8. BTW here is the California Vehicle code section. http://www.dmv.ca.gov/pubs/vctop/vc/vctoc.htm
  9. Hi Admin & Everyone, It's me you know the member who 5-0 in court(just trying to get some credibility here before I make my request, lol). Admin and Group: I have been fighting some traffic violations here in california and have been successfull. As we all know traffic citations can be a financial headache and are going up regularly. I was wondering if the members would like opening up a Fighting Traffic Tickets forum. I have fought 3 tickets successully and would like to not only share my experience but would like a place to network with members regarding future tickets. ... okay, I just got a ticket two weeks ago, and I have to prepare a defense. It's going to take a group effort this time, Help me Admin.
  10. Good Job Congrats. and to the JDB s out there
  11. We'll yes if they have to retry you again from start you can claim SOL, that might not stop a JDB from suing again. What I'm trying to point out is the whole idea of a BOP is to KILL a case at trial for violation of CCP 454 which states that plaintiff is barred from producing evidence at trial. It's your right to bring that up at trial, the reason for the BOP and follow up BOP. Watch The Peoples Court on breach of contract cases. First thing judge asks for in BOC case is "Ok let me see the contract with signature"(step 1). No contract no case. No contract insufficient evidence. As a defendent your job is to shake the plaintiffs hand for the contract. No contract, then you should say at trial "motion for judgment for defendent, lack of evidence". Not trying to be hard on you, this is for all the people who are still working on thier case to understand what they're goal should be "get the plaintiff to produce a contract or plead 'insufficient evidence' at trial", via BOP in open account cases, in Calif and possibly other states where BOPs are ok. Glad it worked for you, just pointing this out so others know thier rights and know when and how to enforce them. Espeicially, since there have been members here who have been sued twice or more on same debt. I do congratualte you tho.
  12. Without predjudice means you can be retried again? "Depending on the country, a criminal proceeding which ends prematurely due to error, mistake, or misconduct, may end as being dismissed with prejudice or without prejudice. If the case ends without prejudice, the accused in the case (the defendant) may be retried. If the case ends with prejudice, the effect on the defendant (for the purpose of punishment) is the equivalent to a finding of not guilty and they cannot be retried." http://en.wikipedia.org/wiki/Prejudice_(legal_procedure) they tried the same move on me, my response was "Your honor I have been more than patient in asking the plaint for proof of a contractual obligation. Plaintiff never responded adequetly to BOP and has not produced any SHRED of evidence of an obligation between me and the plaintiff. It obvious that plaintiff doesn't have sufficient EVIDENCE to prove a contractual obligation, and I warned them on my follow up BOP that I would ask for the case to be dismissed at trial. Plaintiff is in violation of section CCP 454. I move for JUDGEMENT for the Defendent". I congratulate you on your victory, but they might come back. If they do, what I just posted might help. .. at least you held them off for now and have documentation that thier case is insufficent.
  13. This a pretty good 1st bop in my opinion TO PLAINTIFF, LVNV FUNDING, LLC, AND THEIR ATTORNEY OF RECORD HUNT & HENRIQUES: DEMAND IS HEREBY MADE UPON YOU PURSUANT TO Code of Civil Procedure ยง 454 to furnish this Defendant, me, within ten days hereafter, a Bill of Particulars setting forth all items and details of the account on which the cause of action for goods and services sold and delivered of plantiff's complaint is based including the date of each item or transaction, a description of the services, materials or goods supplied or other considerations rendered, and the price or charge made for each item or transation, all payments or credits that have been made to the account and any agreement assigning the account at issue to the Plaintiff.
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