ADSOFT

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Posts posted by ADSOFT


  1. I'll go through this quickly

     

    I am being sued, and was wrongfully served. No summons were left at my residence or work place

    I went online to look up who was suing me. The company is a prop. mgmnt company and they mispelled my last name

    I filed an answer which was a basic general denial

    When the clerk too my payment for the answer, she seen that they had mispelled my last name and then added me to the case

     

    I just looked on the website and see "Mandatory Appearance Case Management Conference" set for december  this year

     

    What is  this about?

     

    Thanks

    What county are you in. This usually means you have to meet with the plaintiff regarding your case


  2. Yeah, I was going to say that but debated.  4 tickets in such a short time regardless of defeating any of them shows that it is time to consider a safe driving course too.

     

    Many lawyers tell traffic citation defendants looking to fight it to stop and think that this is likely the first time they were caught and consider it a "fee" for all the times they got away with it.  I kind of get it because I used to get a speeding ticket once every five years just enough to keep my car insurance rates high. I finally figured it out and stopped getting tickets.I

     

     

    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.


  3. The one major problem with your idea is that the traffic laws very WIDELY in every state and then within the jurisdictions locally within those states.  Unlike a credit case which is civil, there are traffic offenses that come with some pretty severe consequences including possible jail, criminal convictions, points on (or off) your license, increased insurance premiums to name a few.

     

    What works for you in your court and jurisdiction may have zero relevance in another state and could end up in some very bad things happening for someone.  Not everyone is cut out to defend themselves in court as you did.  The best course of action is to discuss the situation with a local attorney.  Most will tell you on the phone for free what to expect from court and whether you are better off with a lawyer or not.  When I got a ticket the lawyer told me what judge would hear it, how he normally ruled, and what to say to get it dismissed, FOR FREE.  He was right and I walked out.  I would NEVER have taken advice from the internet on something that could affect my ability to earn a living by costing me my license. 

     

    Something to think about....

    thanks,

     

    btw, what type of attorney did you use?


  4. 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 


  5. 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. 

     

     

     

    ::drowning::


  6. The SOL has now passed..the judge made me aware of the SOL when he asked when the acct was Charged Off which was 12/07 and the attny for the other side also said after we left court "I guess you dont have to worry about this case since the SOL has been reached she also suggested that I hold on to all papers so that no one else will bother me.

    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.


  7. 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.


  8. 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 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.


  9. 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.


  10. 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 compel but your first two requests for BOP should back you up on your answers.

    Your doing fine. Believe me when I say they have alot of hoops to jump. Hang in their.


  11. Hello racecar

    The account is a credit card and not a loan. I will also send the second letter for the BOP.

    What I have is a Civil Case Cover Sheet (California form CM-010) and this is whats checked on the form.

    1. Limited Case (demand under 25,000)

    For case type

    2. Contract Rules 3.740 collections (09)

    3. This case is not complex under rule 3.400 of California rules of court.

    4. Remedies sought monetary

    5. This is not a class action law suit

    Thanks again

    Racecar?? ... I'm Adsoft!!!


  12. 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 courts in California Superior are designed to have everyone show thier hand before trial so a settlement can be reached without a Judges intervention.

    I also have the book from Nolo on how to win in court. I'll locate it by Monday and see if I can get a copy of interogatories for stated accounts.

    Also: very Important.

    The cover letter of the summons states what kind of lawsuit it is. Credit card, stated etc. Please check the cover letter and tell us under what Code Section they sued you under. That will tell you if it was Open or Stated account.

    Please respond to above question, it will greatly facilitate assistance.

    .. good job.


  13. 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.


  14. You know what after reading a bit more and from the advice given. I think I know what my problem is. I've been looking at this from the wrong mindset. I've been answering these ROGs based upon what I remember about the account which may or may not be accurate.

    I should be answering these ROGs based upon what evidence the JDB have provided me. And they haven't provided me crap for evidence except some some signed affidavit stating that these facts are correct by their own lawyer.

    Man I feel so stupid at the moment. Luckily I came here and asked for advice before mailing it.

    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.