ADSOFT

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Everything posted by ADSOFT

  1. Good answer, can see you understand what is going on. Cool
  2. Okay, First of all if you set a general denial then that would imply that you should deny everything since to the best of your knowledge, you don't know what they are talking about. In other words, for me to admit that you have an account\obligation wth someone they have to show alot of information. Why, you may admit to something that is not true. AND THERE HAVE BEEN MANY PEOPLE WHO HAVE PAID SEVERAL TIMES ON THE SAME DEBT or A DEBT THAT'S NOT THIERS. Like race car said, if you admit to anything you will get hit with Summary Judgement. Second of all, if you never took out a LOAN which is different than a credit card then you should deny everything. And even if you did take out a loan, they need to provide more info before I would agree to anything personally, why, because without your signature and terms you might be paying for something that is not yours. It's not your bill(Imagine going to by a hamberger and they try to charge you $100.00,that's not your bill, good grounds to deny everything). Basicially, with the limited info they have supplied, IMHO, I think you are on good grounds to deny everything. Should they slap you with a Motion to Commpel answers, personally I would say there is not enough info to prove a contractual obligation as no contract or signature was supplied. If plaintiff truely has a contract with you they should have your signature and contract on file. Regrading the BOP, if you know you never took out a LOAN then they are in the wrong. Learn the difference between an account stated & credit card account. I would do the following. Send a letter to the plaintiff, stating. I don't recall ever having an account stated with the plaintiff. If you claim to have evidence of an ALLEGED debt, which qualifies as an Account Stated, then please provide a contract and signature proving such obligation with the plaintiff. Only you know if you ever took out a credit card or loan with SOME CREDITOR, if it was a credit card, with info provided , and it was me I would, do a little more research on account stated , send letter simular to above, and if you never took out a loan, send my second letter. With the second letter, you should have a good case to win in credit card account. You can PM me, but I have a bad neck\back might take a few days for me to respond.
  3. Just look up the definition of open account, no case law neccesary, account stated etc.
  4. See my thread on BOP and send my second letter. If they claim it's a credit card debt, then IT'S NOT account stated, court and judge knows, they are bluffing you. Read your complaint, if it says credit card, it's an open account. Are you admiting to the last statement?
  5. I would go with what Calawyer said. You can fillout the form and mail it to the Plaintiff's lawyer. .. Never call them. Make sure you send it out CMRR (you know what that is right).
  6. That's a bunch of bull. What you do is KEEP the letter they responded with and send them the second letter I posted. Read up on 454 (I Believe that's what it is) At this point if they don't respond to second letter you a choice. Present both letters and response to both letter to judge at trial, and ask for case to be dismiss WITH PREJIDUCE as I did an WIN. or you can file a motion to compel, but you might be forcing them to do thier homework. I never filed one, since my strategy was to play dumb hence they would not bring all evidence to trial (contract, itimezed bill, assignment, witness). IMHO, a motion to compel might force them to go dig all that up. If they to to trial w\o all that, there is no way to win. Why, because, you have no gaurentee OC sold account to multiple JDB's. You can do research on what happened when people filed Motion to Compel BOP. IMHO, your winning the game, they failed the first test, send my second letter and start doing homework\case histories on Motion to Compel BOP.
  7. Calawyer, You think the original sentence is okay? As the ametuer I am, to me it seems that it doesn't spell out a contarct/agreement and proper assignment (invoice selling contract to plaintiff with rights to collect)
  8. btw for all you people out there Ventura County has a BOP form that you just fill out. You might want to look that up.
  9. I would change the last sentence from "and any agreement assigning the account at issue to the Plaintiff. " an original contract of the alleged debt and proof that I have a binding obligation with the plaintiff.
  10. Here is the letter I used instead of Motion to Compel for BOP. Letter Requesting Response to Demand for Bill of Particulars and Warning of Intent to Ask the Court to Exclude Evidence Date: xx/xx/xxxx To: Attorneys Name Address & Tel Attorney for Plaintiff:: JDB Assholes Inc. Re: Failure to Respond to Demand for Bill of Particulars: Case xxxxxxxxx On __________________________________ a Demand for Bill of (Date the Bill of Particulars was given or mailed) Particulars was served on you in accordance with Code of Civil Procedure section 454. I have not received a response to the items demanded . This letter gives you formal notice that I intend to ask the court to exclude at the time of trial any evidence that I owe you money on the alleged account, contract, or other basis for which you are suing me. My request will be based on your failure to provide a proper response to my Demand for Bill of Particulars as provided in Code of Civil Procedure section 454. Sincerely,_____defendent___ I showed this to Judge, case was over for plaintiff.
  11. Here is a simple BOP I found in my files. I will post others later. To plaintiff _______________________ [plaintiff’s name] and _______________________, plaintiff’s attorney of record: [if applicable] PLEASE BE ADVISED that, pursuant to Section 454 of the Code of Civil Procedure, defendant demands that you provide a bill of particulars, setting forth: [check one or both] a. ¨ The specific items for which payment is demanded: [specify the paragraph(s) from complaint which need clarification] b. ¨ The specific type and extent of services for which payment is demanded: [specify the paragraph(s) from complaint which need clarification] The bill of particulars must be delivered to defendant within 10 days after service of this demand. In particular, demand is made on you to provide: [check all that apply] a. ¨ The dates when services were provided. b. ¨ The specific charges for the services. c. ¨ The place the service was performed. d. ¨ The date when each item is claimed to have been delivered. e. ¨ The sales price of each item. f. ¨ Other: [specify] Date: ________________________ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _________________________________ (Print Name of Defendant) (Signature of Defendant)
  12. Send it to the lawyers via registed (where they have to sign) retern reciept. You can get the address from the summons. Post your BOP before you send it.
  13. If a JDB has it, they don't have enough documentation to win, in most cases don't give up. Start with BOP it's your best defense. I sent a BOP got an insufficient response (print out , hahaha). told them it was insufficient and if they didn't respond was going to ask Judge to preclude any evidence at trial. Sent second letter, registered mail. Judge said"I have no choice but to dismiss case, judgement for defendent". I didn't want to do Motion to Compel BOP , felt I might be pushing it. I sort of played dumb and let them under estimate me. You have to size up your opponent to know best strategy.
  14. thanks I will send Calawyer a message. I want to learn to file class action suits, hehehe.
  15. Your going to look very good in front of the judge if you sent the plaintiff a bop at your CMC it will show that you are putting up a fight and are preparing a worthy defense and want to show the courth what evidence they have on you.
  16. Hi everyone. I need your help. I need to get a copy of this complaint and follow this case. Marina Abramyan vs Kistie Alley . Here is he article. Courthouse News Service I plan on following this case as I plan on filling a class action suit on a few of my creditors for false representation of thier products, and some CAs too. thanks.
  17. Calawyer you said in One sentence what is took me about 5 paragraphs. Yep get your BOP READY. We will give you our opinions on your next move.
  18. Look up my thread, I started one in which I outline "what I recommend" if you want to go my route. .. however her is what I would do in your situation. The cool thing about a BOP is a way to force the other side to show thier hand. And 99.999% of the time they will either not respond or give an incomplete response, which basically means in the end YOU WILL WIN if you play your cards right and don't admit to anything. Remember they are counting on scaring you to admit you owe the bill, the BOP is you BEST protecting. SEND YOUR BOP now or at least start working on it and feel free to post it, I will PERSONALLY review it. Look in the templates thread I might have posted one already. Unless they responde fully to your BOP and have a WITNESS they can't win in California. Believe me they don't have both, or even close to that. Keep in mind that there are some people who have been sued several times for the same bill and have paid several times, "so don't admitt to anything untill you are well informed by a person with experience" believe me when I tell you that to sue someone who has defaulted on a contract is not easy if the other party doesn't admit to anything and forces the sueing parting to come up with a contract, bill and WITNESS and proves that they met every OBLIGATION on thier side. Start working on you BOP you WILL have to send it out, at least for peace of mind. And don't feel bad about the 20 hours you spent, for 20 hours your way ahead of the game. Step 1) you've answered and denied everything, Great Job Step 2) Prepare Bop and follow up BOP Step 3) Get ready to sit back and Laught at thier responses and lies Step 4) Get educated about CCP 98 Your doing good, your a good student, pat yourself on the back. ADSOFT (5-0 in Court)
  19. I took a class on it at a JUNIOR COLLEGE. How ever there are some books on the subject. Some schaum's outline series stuff. Amazon.com: Law - Hornbooks or Schaum's Outline Series: Books
  20. go to the court house and walk the halls when they hear Credit car cases and read up history. that's how did it. CC case were herd on Friday's, went every friday for 6 weeks. very educational. good luck.
  21. Very well said and put. When I won my case I educated the Judge and came with a printout of case law. You have to do your research and find a way to win, and you can because like I have always said, JDB's don't have enough evidence to prove a contractual obligation, they are counting on scaring you into admitting it was your bill. To sell a debt to another party with enough evidence to win in court is VERY TOUGH, and there has to be a witness. .... if your smart JDBs won't have a chance, ... not even OC's if you take the time to learn contract law.
  22. Wow, I'm impressed. Most of the people being sued are using and requesting BOP. As we all know 99.999% of these JDB bozo's don't have one. Good job, keep it up.