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Everything posted by ADSOFT

  1. How was the compliant verified????? A complaint is never verified, ... just answered. Are you saying that you contracted the plaintiff and verified that the debt was yours????
  2. You have to answer ASAP. You might have an extra 5 days if served by mail. File your answer and ask for a fee waiver.
  3. Astute observation. .... more reason to file some form of discovery (bop or production of documents and things) to show you don't owe the debt!!!
  4. The key would be to know how to defend yourself against hearsay. I would GUESS that the strategy that plaintiffs are using is to SCARE you into admitting the debt. PROBOBLY like police detectives LIE about evidence they have to get you to admitt or SHARE info. Knowing what is hearsay and what it take to have proper evidence to for them to prove a bill is owed by you is PARAMOUNT to defending yourself. Many board members have said that they were ready to settle when presented with an affidavit or printout of a debt; had they take the time to learn the hearsay rules of their state and what it takes to show proper ownership of a debt and the right to collect then they would have most likly won thier case. That is one of the reasons a BOP (bill of particulars) is a great way to SHAKE a plaintiffs hands to see what evidence they have against you. A bop, in most states doesn't count against your discovery questions. At that point you can decide to file a motion to compel BOP if inproper evidence was supplied. But, most importantly, after recieving your response to a BOP you share your response with this board, and someone will inform you if the PLAINTIFF has provided ENOUGH evidence to get a judgement. In other words( I know that wasn't your question, but I mention it for the record), as a defendent you should file or send some form of discovery to the plaintiff to see what evidence they have against you. Even if the bill is yours (which you should never admit, till all evidence is supplied to you) you should not negotiate till the plaintiff has supplied enough evidece to win at trial and have confirmed that enough evidence has been supplied by an informed individual. ADSOFT.
  5. I have something. CCP 98 is how I won my case. The final judgement read something along the lines of: Violation of CCP98 section a: no other evidence produced at trial ( ... the plaintiff never showed up, lol). Judgement for the defendent. However, I have read of cases where the plaintiff did show up and interogated the defendant on the bench. So CCP98 violation may not be an automatic win, you still have to be able to defend yourself by denying all evidence.
  6. Look, it's well known that both the defendent and the plaintiff MAY NOT ANSWER discovery, but there are mechanisms to make them answer. And even if they do answer or you compel them to answer it may not and will not GUARANTEE judgement in the favor of any party. Why??? Because what counts at trial is EVIDENCE, that's why you have to hang in there till trial. For example: In my first case (which I won), I didn't answer discovery, and the plaintiff was awared a MOTION TO DEEM ANSWERS ADMITTED, but the LOST the case! Why, Because they didn't have the proper evidence to win, they also had to prove they OWN the bill and the amounts are correct and provide a witness. None of which they had. At this point you have two choices. Let things ride because they have not produced any evidence. You can force the issue for them to provide evidence and if they do provide evidence THEN you can settle or MAYBE go to arbitration (but I don't know about arbitration, keep in mind once you go to arbitration you ADMIT you owe the bill). So at this point you can send a BOP to see what they have. They can never get an MSJ because you haven't admitted anything and they have no evidence. I would only consider arbitration after they produce enough evidence to win a case. At this point I think the judge gave you great advice, WAIT. What ever they do, you will have enough time to respond properly without ruining your case. Keep in mind that the Calif. Superior Court system is designed to give both parties the tools and time frame to present evidence to both side so that an out of court settlement can be reached. The court does not like having to be drug into to trial and make a ruling. If it were me I would wait. You can file a BOP but you most likely will not get a complete answer and will have to file a motion to compel, ... but you run the risk of them pulling all the necessary info. It is of my opinion that you force them to produce all the evidence to win the case you just might be doing thier homework for them and guiding them. Let them take to trial without all the evidence, or try to scare you into thinking they have all the evidence.. The Judge is your best lawyer, because he/she can't make a ruling without all the evidence. And if the judge does, then you can appeal. My advice is "LISTEN TO THE JUDGE, be PATIENT, and watch your mail". .... ADSOFT.
  7. General Denial should be more than enough. All you want to do is ANSWER so you don't get a default judgement. Once your answer is entered the ball is in the plaintiff's hands and has to make the first move. It sounds like a JDB is comming after you, most don't have enough EVIDENCE to procecute. Get your answer in, you won't have to worry about a trial or judgement for 6-18mos, at that point most here will help you and you will see you don't have much to worry about. step one is: Get your GENERAL DENIAL in ASAP. Chiquita(a member) filed the best General Denial I have ever seen. My next question to you is: 1) Are you going to pay the filing fee or are you going to ask for a waiver?
  8. I'm thinking of filing a Cross Complaint for FDCPA violations. I'm not sure what the deadline would be or I have to file a "Leave of Cross Complaint"? Any thoughts. CPP cross complaint
  9. Are you living at the same address of the reg. bill? Also have you recieved a Letter With the Intent to Sue?
  10. That is the same problem I have, ...." not much experience" I don't how far a JDB will go to get the evidence they need if you come after THEM with sanctions and FDCPA violations. I'm really tempted to try tho. You can really turn the tables on these guys and they will think twice before suing. If it really is the case that they can't get evidence to win, then you can actually collect from people trying to collect debts they can't prove, which was the intention of the FDCPA. The more I think about it the more I should file a counter claim and go after these guys???
  11. Thanks because I want to file a counterclaim based on FDCPA (actually Rosenthall in Calif), but I want to get an idea how difficult it is for them to get help from the OC??
  12. What, do you know for SURE that 100% of the JDBs don't have the necessary evidence to collect the debt? ... it's an excellent question for those who want to counterclaim on the JDBs, which is what we should be doing. BUT WE HAVE TO BE SURE!!!!!!!
  13. I guess some JDBs KNOW that a FDCPA cross complaint is something to be worried about. Here are some Links:
  14. Does anyone know of any cases where the JDB has a declaration from the OC and all the statements to prove the balanced owed?
  15. When the plaintiff has proved they have all the elements to win the case. The purpose of the DISCOVERY PROCESS is to get both sides to show thier hand. If someone has a winning hand then a settlement should be reached. You should go learn the elements of Breach of Contracts.
  16. I hear what you are saying. What I would want iin a lawyer, is someone who knows the basic elements of a contarct(which most do) and is going to make the plaintiff prove each each element and each penny. That attorney would have to ask them to prve every penny and if it looks like the plaintiff doesn't have all the evidence would counter sue and get damages for misrepresenting the debt. We had a member appeal his first loss then counter sued on FDCP violations and had the Plaintiff(JDB) give the defenendent $1500 to go away. Getting an attorney to do all that might run about $4000 bucks, but if you have a case that can be won, well it might be worth it.
  17. This might help ... it will answer most of your questions.
  18. Credit cards are regulated by TILA. They are written contracts. There is no such thing as a SIMPLE CONTRACT: there are different types of contracts, but no SIMPLE CONTRACT. All credit card contrarcts are WRITTEN CONTRACTS, with NO SIGNATURE required. If you use the card and don't close the account in 60 days, you are obligated to the card: Look up Offer and Acceptance.
  19. That's what I would do. If they are very persistant they MIGHT go get the info they need. Most of these guy don't have enough evidince to win. What I would do is study the Hearsay rules for your state so you know what holds up in court and what doesn't. Also study the basic elements for breach of contract.
  20. So If I sue the JDB I got a judgement against, would I use the case I won as evidence. The plaintiff never showed up for trial, is that there way out of getting sued?
  21. I would check the case status online regularly every 2 1/2 wks max. They might try to sneek in a Service Notice.
  22. Thanks Guys, I will keep you posted.