ADSOFT

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Everything posted by ADSOFT

  1. Well go read this. http://www.creditinfocenter.com/legal/ive-been-sued.shtml You wil see that most JDBs don't have enough evidence to win. And even if an OC has enough evidence it doesn't mean that you have to laydown and admit to everything. You can still make them prove it. I have a pretty good background in contract law, and even if you did have an account with an OC and they wanted to sue you 2-3 yrs later, wouldn't it be wise to make them pull out all the records, contracts, adjustments, etc. Some of these fricken attorney's will first ask you, " was it your debt", I would answer, " maybe, I don't remember the exact figure, and I want to call them on all the evidence, maybe they sold all or part of the debt? I need an attorney that is going to make them prove every penny, till then I don't know anything about the debt". Of course I have never told an attorney that( I can now do a better job representing myself), but if I ever need an attorney to represent me in Contract case (which I probobly never will) that is what I'm going to tell them. .. however finding an attorney who will like that anwser might be a problem.
  2. I don't mean to barge, in BV80 is very knowledgable and really good at answering interrogs. I was very nervous about going before the judge. Go and sit in on some trials. The first time you go before the judge, sit close to the aisle so when they call your name you don't have to scramble to come up to the bench. Sit in on some trials. I didn't read all the posts (sorry, I'm comming down with some kind of allergy), but ADMIN wrote a great little write-up on answering, it should build you confidence. BV80 knows what's up and will help you deny as much as you can without getting in trouble. .. good luck.
  3. op, Read this, http://www.creditinfocenter.com/legal/ive-been-sued.shtml most JDBs don't have enough evidence to win.
  4. You can do it at the library but you can get started on the internet. Just google. "HEARSEY ARIZONA" or "hearsey busines records arizona". Knowing what the Hearsey rules in your state is 90% of the battle.
  5. Ok, I understand. What you have to do is learn what is Hearsey(BULL S .... IT, as far as the court is concerned) and what is evidence in a breach of contract case. You also have to learn what the elements of breach of contract are. I don't know what the Hearsey rules are for business records in your state, in california you have to have a witness to the records, in other states you might not have to. If you know what the hearsay rules are then you will be in a much better position to know what will hold up in court and what won't. Then learn the elements of breach of contract, I started a thread on that subject, you can look up all the threads I started and you might find it. Good luck. Once you know what hearsey is you will know how to protect yourself now and in the future from other creditors. Againg Good luck.
  6. I there a way to set up your account so it marks the threads you answered without having to go to your CP?
  7. Well I read your posts, this pretty much wraps it up. Like you said they provided no evidence, it should be judgement for the Defendent. Of course if the SOL hasn't run out, someone else might come in and sue you. Since they have no evidence an MSJ on your part might get the judgement you need. I won my case because there was NO EVIDENCE, which is was basically the situation that you were/are in too?? Did you get a chance to pick up the minutes of the trial?
  8. Do a General Denial. Chiquita wrote a great one. Have her PM it to you. You should focus on the General Denial and Fee waiver first. That will give you some breathing room. PM Chiquita.
  9. There are alot of good forms and Templates Here http://www.debt-consolidation-credit-repair-service.com/forums/showthread.php?t=252142
  10. Here is a good form for some sample interrogs. It for California Superior but you can copy the General Question and the Contract questions and use it in Any State. http://www.courtinfo.ca.gov/forms/documents/disc004.pdf
  11. If you have no equity, you might want to consider bankruptcy, it will wipe out the credit card.
  12. Here is a good form for Interrogatories http://www.courtinfo.ca.gov/forms/documents/disc004.pdf
  13. Here it is. I highly recommend that you print it out and look at the contract section http://www.courtinfo.ca.gov/forms/documents/disc004.pdf
  14. Heres is the PDF. You can print it out. There is a section there for Contracts, it's pretty good. http://www.courtinfo.ca.gov/forms/documents/disc004.pdf
  15. Ok,it won't be till tonight or tommorrow. Have to go the the office and bring my book You might also be able to Google: California Superior Interrogatory standard FORMS and find it. It's a standard form. Good luck with your case.
  16. No sense in stopping now. PUT THE FINAL NAIL IN THE COFFEN (... sorry I can't spell, lol) Go to the court house. There MIGHT be a document that you file when you have a judgement in your favor. That will kill it for sure. Also you JUST might be able to ask for a more definite answer/ruling from the judge. Kill that Lawsuit.
  17. I'm not from your state, but I think it means that you can only ask a total of 15 questions: Interrogs, Docs and Addmissions. In California we have a standard form to asking Interoggs for those who don't know what to ask. You should be able to use those questions in your state, or your state might have that form. If you like I can post the form. It has a section Contracts: ....which is what we deal with around here?
  18. http://www.leginfo.ca.gov/cgi-bin/displaycode?section=ccp&group=02001-03000&file=2023.010-2023.040
  19. http://www.leginfo.ca.gov/cgi-bin/displaycode?section=ccp&group=02001-03000&file=2023.010-2023.040 I have been seeing "motion sanctions/dismissal" on the online service. I guess that's how you get a case dismissed if you are the defendent!!! I'm going to go the court and pull those up. ....oh, and that's how you sanction the Plaintiff.
  20. Great NEWS!!!!!! Check the court online service for the last entery, and summary of minutes. You will know what happened there.