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Everything posted by ADSOFT


    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.
  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. ... o
  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 defende
  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." they tried the same move on me, my response was "Your honor
  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 § 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 m
  14. Nope you can't have ACCOUNT STATED in there, If you did have that on your original BOP you have to resend it. That would violate your original BOP. Post your original BOP. Also go find my second letter and post it.
  15. Always respond in writing. Unfortionatly, you have to set some serious time for this if you want to win.
  16. Hi guys. For those of you being sued in California for credit cards. One of the members on this sight once said that a lawyer had run out of BULLETS and hence one of our board members won his case. This works in reverse too. Your first Bullet should be a BOP and follow up BOP. This includes two letters and becoming familiar with CCP 454 (CAL. CCP. CODE § 454 : California Code - Section 454) NOT: "... or be precluded from giving evidence thereof" IMHO a BOP and follow up BOP should be your first bullet. Of course IMHO there are other bullets too, so stick around . GOOD LUCK.
  17. Thanks, If you read the bottom of the form CM-010 under case type examples you see that a type 9 is an open account and or money owed. Your follow up letter to BOP, my second letter, should cover you if they provide a credit card account. The only way they can get you on a account stated is if you signed a paper that you owe the amount stated and they provide that info. Start preparing you're interogatories. You should be asking for a contract with sig. but you can can hold off on that. focus on sending answers to interogs and your followup letter. they might slap you with a motion to comp
  18. In california you can ask to get all your money back you paid to defend yourself.
  19. That at least appears to conside with your general denial response. And like I said before, if you never applied for a LOAN then it make sense to deny everything up until trial. You will have a chance to ask for all evidence to be presented at trial before the trial begins. Remember that you also have your set of interrogetories to ask for. If it were me I would send my second letter to request BOP and state you will ask to have evidence ommited if it's an an open account. that should cover that. In your interogatories ask for info as a STATED account, to shake thier hand. Keep in mind that
  20. that sounds a little better. Have to review more on proper responses. Personally I would just deny existance of obligation to plaintiff and just deny everything but after reading this Article 2. Response To Requests For Admission :: Code of Civil Procedure :: 2010 California Code :: California Code :: US Codes and Statutes :: US Law :: Justia it might not be that easy. But your denying everything which fits with your general denial.
  21. That's exactly how to do it. Dont do thier work for them. Remember they bought your account on pennies on the dollar , without the necessary info, to win the case. The are depending on you to fill in the missing docs.