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Everything posted by ADSOFT

  1. Are any of you guys on facebook?
  2. Yep that's how it is. Second traffic violation I have fought and won. Every body want to have thier hand in your pocket.
  3. Had to go to traffic court. I decided to fight my seatbelt ticket, heck they wanted $250 bucks. I won, the officer didn't show up. I had some pretty good defenses. I think cop knew that I had a strong case. I cali, state wants to get every $$$ out of you. wtf.
  4. Well as you guys know I'm 5-0 in my court cases I attribute that to my strong background in contract law. All is not lost my friend. Even when money is lent, there has to be some conditions such as: 1. the interest rate 2. how you are supposed to pay back 3. when you are supposed to pay. heck if they lent you money you can pay 1 cent a month, and still be fullfulling your responsibility. What you need now, is to get a copy of the contract, which specifies your OBLIGATIONS, RESPONSIBILITIES and how your supposed to pay back. Can you give us some details on that? You might not be in default. if they bought the loan, the have to have the contract you signed specifing terms and WHEN and how you went into default.
  5. Well I have been getting into FaceBook. I think it sucks, here are some of the things it lacks are are bad. 1. When you hit the Back buttion you don't return to where you were at. 2. It's slow 3. The same posts/links don't always come up on your home page 4. It's difficult to list your Friends, so you jump to their sites And most IMPORTANT. IT DOESN'T HAVE A PERSONAL FAVORITS LINKS SECTION: It would be nice to have you fav links everytime you log into FACEBOOK. Sometime you are on different computers thro the day. You need access to your favorite links from different computers. I have a different set of FAVS on all my computers. I really would like to suggest that FACEBOOK get a favs place, how could I do that?
  6. Good, However, if they didn't supply enough info to prove that you owe the amount stated and proof they own the bill AND A WITNESS, they can't win. ... I wouldn't pay a penny till trial. Remember that you can ask for a witness list before trial, to see if they have one. Without a witness they can't win in California.
  7. Altough sending a MTC BOP is the proper procedure, I never did. I sent a letter warning them that I would ask for evidence to be barred at trial if they didn't answer the items I asked. The judge accepted my warning and plaintiff was barred from submitting evidence. I would send that letter just in case your compel thing doesn't work, or to get more leverage with your compel letter..
  8. Yep these guys seem like they are desperate for $$. Don't they make enough $$$ on all those default judgements?
  9. Well, what is the verdict, did it work for some?
  10. In california a credit card is open book by definiiton. Cali law allows for a BOP to address that situation so creditors don't take advantage. Learn about BOP and send on, it will force them to itemize the bill. Also, in Cali you have to have a first hand witness to win, which JDBs don't have. You should win if you learn your rights. You can read the thread in my Signiture, it outlines all the details. ... go for it.
  11. That's what I thought it was BS, but you never know. I'm afraid to think of what they will come with next. These guys will just not give up, ...
  12. Hahahahhaahaha, they tried to VACATE the judgement I won twice and failed. The first time they went for a dismissal and judge said they had to go for a VACATE, this time they forgot to include and AFFIDAVIT, hahaha here are the details. They tried to use CCP 473 , which basically states that if an attorney makes a mistake and the other party gets a judgement, the judgement can be vacated because the other party didn't get thier day in court. Wow, lawyers get all the breaks. However, the erronous lawyer has to include an affidivate and a 10 day notice to allow the other party to cross examine. CCP 11514 & CCP 2009-2015. .. guess where they blew it? Yep no Affidavit or 10 day notice. ... hahahahaha ADSOFT wins the Hearing. Get this, I was so confident that I would find a defense that I didn't prepare till about 6 hrs before trial. It took me 2 1/2 hrs to come up with a defense. I have to give credit to the excellent support team here which has engrained in us to Learn the Law and get statutes on your side. For this who want to learn alittle about Affidavits I would study the above 3 statues. All I have to say is that we have a winning team here and everyone who listens has a good chance to win thier cases. ....So don't give up, keep reading and asking questions till you feel confortable reading the law and bringing it up in court.
  13. Lol, I'm trying to get people to try my Gas Control Theory.
  14. I had stopped eating beans because they gave me gas. My sister told me that Hispanics have the lowest level of Cancer and that beans and peppers(salsa) are anti-cancer agents???. I eat boiled carrots so I don't get cataracts. One day I ate boiled carrots with my beans and salsa. I was suprised that I didn't get any gas. We were eating peanuts & beer yesterday, with friends, and I commented that I don't get gas. Everyone laughed, told them about carrots. I did some research this morning: .. Carrots seem to help SOME with gas, Hmmm, Opinions Carrot Nutrition - Medicinal Uses of Carrots
  15. Just because you didn't answer interogs doesn't mean you lose automatically, they have to file a MOTION TO DEEM ANSWERS ADMITTED. You might still have a chance to answer buy will proboboly have to pay concensions. With & Without answering interogs they have a long way to go to get MSJ against you if you follow the insturctions we have set for others. I didn't answer my interogs and won my case!!!! They even had the judge grant them motion to have answeres admitted. They still have to have a valid contract and itemized statements. A BOP might bring enough doubt into picture. Remember, that sometimes you can tell the court that you didn't answer due to inadvertance!!!! ADSOFT , your man!!!!
  16. Well I saw a local talent show on TV(Out of Burbank, CA) and I got the bug to develope my singing skills (learning to play the guitar too). I can sing John Denver's stuff, Al Green and I'm ok with Sinatra. I bought a digital recorder, and got some books on signing. I'm improving and will be taking singing lessons and guitar lessons. From now on my girl friends will have to put up with my singing or they are out. LOL, can you guys believe that I'm into singing. , my god sometimes you get something in you heart and you can't let it go. Well, that's how I got into credit repair, people said I couldnt clean my credit, now I'm over 725 and drive a Brand New car, $0.0 down, 1.9 %apr. 2011 Altima (traded in my 2010 honda civic, 0.9% apr, $0.0 dwn, it was too small, took a $2000 loss, my payment only went up $40.00) I guess dreams sometimes come true. btw, I motivated to post a link to my interpetation of John Denvers Country roads on YouTube, ... so you guys can laugh at me:lol:, Maybe that will bring me back to reality:D
  17. Well I have won TWO court cases. Let me be brief. 1) It depends on the rules of evidence in your state. If they have to produce an itemized invoice and a witness, it will be hard for a JDB. ...But, some states like New Mexico, JDBs don't need that much evidence. 2) We have been very successful fighting Summary Judgements around here, see the templates, it's hard for a plaintiff to have all the eviedence to meet the criteria of SJ. 3) Read my link in my siganature, it might give you some insight. 4) Learn the Hearsay rules and Evidence Rules of your state. You might win the SJ(and you should if you follow our instructions), but you might lose the case if the rules of evidence are in the favor of the JDB. Good Luck
  18. Bops are pretty standard. You might want to look at my threads. Search through my signature links, I think I have a sample BOP there. You could start a thread and post you BOP there, I can get mine out of my files and edit what you post It will help other too.
  19. Thanks Calawyer, Yep, this time I will be asking for fees since I had to hire a lawyer to answer interogs. btw, do you know how long I have before I have to give notice of judgement. There is a form I have to fill out and serve. I have a service that does all my service, they need to see the minutes to file out the form properly. Thanks again.
  20. Calawyer is correct in that you SHOULD try to get the plaintiff to produce the info you requested however, I went a different route. I played dumb (till the trial of course) when the plaintiff didn't give an adequete response. My strategy was that the plaintiff would think that I wouldn't know how to make the BOP stand up in court. So I sent a BOP and a followup letter telling plaintiff I would as for evidence to be ommitted at trial (otherwise plaintiff could ask for dismall without predjuce and the case would continue). When plaintiff had insufficient evidence at trial, I said "judge, I have shown patience and good will in trying to resolve this debt, I also warned plaintiff that I would ask for EVIDENCE TO BE OMMITED at trial, plaintiff failed to respond on second warning. I move for judgement for the defendent. .. I got it. " It was my theory that if I forced them to give me info then they might try a counter move (which was dismissal without predjuce), so I waited for trial. .. if they had enough evidence then I might have settled, but usually you get a copy of the evidence that will be presented at trial prior to trial. .. I recieved none, so I knew they didn't have any evidence. I read that if you push too hard, then you might for the other party to find a way to stay in the game without evidence. I recommend an alternative approach: 1) Send BOP 2) Send courtesy request for BOP (if evidence is in adequete) asking for evidence again and warning that you will ask for evidence to be ommitted at trial. 3) 30-45 days before trail ask to see all docuements to be presented at trial, as outlined by Section 98. 4) If evidence is produced, send you Motion in Limine. If no evidence, then you have the case won.
  21. Hello guys, Just want to let you guys know that I won my second case. I had sent a BOP and plaintiff's response was a printout and stated that all my other requests were out of scope. So I sent a second letter demanding that they give me all the info I request to identify the debt and contractual obligation otherwise I would ask court at time of trial to ommit evidence. Well plaintiff never responded. At trial, the plaintiff contracted a Rent-A-Lawyer. The lawyer tried to settle with me before trial, but I asked him: "do you have any evidence that I owe you the money stated, ... lawyer said no". ... I then just walked away. When my trial was going to be heard, the Lawyer asked that the trail be dismissed without predjuce, I quickly Objected and asked for dismissal with predjuce and Judgement for the defendent. Judge asked why? I said I have a bill of particulars( that I served on the plaintiff) in which the plaintiff didn't respond and I warned the plaintiff that at the time of trial I would ask for evidence to be ommitted. The judge asked the plaintiff, do you have any evidence? .. Plaintiff said NO. Judge said, "Well I guess I have no choice but to rule for the defendent. Judgement for the defendent! (the hammer went down), Defendent ordered to give notice. !!!". .. case won by me BOP works, .. don't let yourselfs be intimidaited. btw, I did hand the BOP to the judge with the plaintiffs printout of a total amount, but the judge said, " .. the plaintiff responded but the response is inadequete(sp)... ". So, BOP works, and I believe they have 10 days to respond. I highly recommend you send BOPs, especially in california. It force the plaintiff to reveal thier hand, and you will see if the plaintiff has enough evidence to force you to pay. Remember, EVIDENCE is what counts: 1) An Itemized bill(all statements in CC accounts) 2) A contract 3) A witness 4) Proof they own the bill or have the right to collect 5) a total of all lawyer and penalty fees Hope that helps everyone.
  22. I don't know the laws in your state, but in most states you can't change an open account to an account stated. They also have to provide a contract. Are they suing you under "breach of contract"???
  23. Well, I have to look up on the requirements of a general denial. However, I have seen people respond with a general denial in case above $1000. You do have to answer if you don't want to get a default judgement against you. I would deny everything (which is basically a general denial???) and deny all amounts.