bidasx

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About bidasx

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    California
  1. I think this is what the Judge will ask you if you bring up "consideration". If there was any problem with consideration you would think it would have been brought up close to the contract date. Might go so far as to say the consideration is implied since it wasn't brought up earlier. I know when researching my own credit card information, I entered into a credit card contract when I was 17, therefore the contract is was not valid, but by continuing to make payments on a credit card after I was 18 the contract then became valid as it is implied by my payments/continued use of the credit card t
  2. Last year I checked my credit report and on the collection account I went to trial over it labelled a JDB as collector. They sued me as owning the debt etc. They were not a CA. Now on 2 out of 3 credit reports it's listing the OC as collector... What's the deal with that? I have a signed judgment from my case which lists the JDB as the plaintiff. I'm sending that in to dispute the report but if it's listing the OC now, will it do any good? Should I send it in anyway?
  3. I'll be sending in a copy to the CRAs with a letter asking for removal. As far as the JDB appealing the judgment... It's been awhile now, on the online case screen it shows a Judgment for me but the case also remains open. Obviously I haven't followed through with it... Will they have a chance to appeal when I "serve" them, or does the fact the Judge signed off on the judgment way back then matter and so they've taken too long?
  4. Am I missing something? She doesn't have to prove anything, you proved it for her by signing that! Only thing she has to show is a signed contract which you agree to... You'll notice that says nothing about a house and probably where it does mention the house the only thing is says is that the house is collateral upon default. As far as I know a mortgage is just a loan with your house/property as collateral. If you didn't receive that much money, you really shouldn't have signed it. :/ This is an example of why one shouldn't sign contracts on "faith". If I walk up to a stranger with a mortgag
  5. Indeed, I received a Judgment for the Defendant based on CCP 98. Without the witness everything they have is hearsay. They then put you on the stand and try to get you to admit and validate all of their information for them. Unless you stayed up to date on the month to month details you surely don't have the knowledge nor records of the debt amounts or specific knowledge of the debt.
  6. I won in court two years or so ago. They didn't have the witness within a certain distance of the courthouse for me to talk to so everything they had was hearsay. I asked for a dismissal with prejudice and he gave me a "Judgment for the Defendant" which is me. In my Judgment I basically just put amount owed is $0. I submitted it to the Judge and he signed it then I stopped there... What is the next step? I suppose I have to serve it to the plaintiff? But I'm not trying to collect anything. The reason I ask is that the CA is still reporting this collection on my credit report and I want to get
  7. No I haven't seen the declaration yet. I'll be heading to the courthouse to check it out though. I was just trying to get a heads up before I went there... What kind of declaration would they submit the day after the trial? As for the Judgment. I have a copy of it signed by the Judge and stamped saying it was Filed, of course I'll be checking that out too once at the courthouse.
  8. I was checking my court case on the online website for my county and it says Judgment for me was entered (I did get a signed copy of it in the mail recently). But before that was entered, the day after the trial, it says a Declaration for the plaintiff was entered. Specifically it says "Cv Declaration." What should I expect of this? I'll be heading to the courthouse this coming week to check what it is but would like a heads up what it could be? Also, the listing on the website still says: "Disposed: None Status: Open" for my case even though a Judgment for me was entered. When will I see th
  9. "But your honor, I was a dumb youth and was of an age where I couldn't fully and completely understand the terms in this contract nor the ramifications thereafter."
  10. CookieJar, the judge told me I had 5 days to serve it to the opposing party then 10 days to submit it to the court.
  11. Hey I just had my day in court so I'll answer the best I can... 1. Did you make opening and closing statements? The judge asked if we wanted to make opening statements or get right to it. The plaintiff took the time to make an opening statement and then just jumped right in to presenting evidence. Where I objected and we went from there... 2. Did the JDB attorney or rent a lawyer interrogate you? The JDB attorney was based hundreds of miles away. A local "rent a lawyer" did call me as a witness and question me. 3. Did you object to any of their questions, and on what grounds? I tried to objec
  12. You could probably do it yourself. You just show proof of your bills, then proof of your income and show that there is almost nothing left and with the 10% they are taking it is not allowing you to make ends meet.
  13. LVNV's motion for summary judgment was denied and they are ordering you to appear and show cause as to why LVNV shouldn't get the summary judgment. That's what I think...
  14. I think you'd have to be able to prove: A) that the OC agreed and is still agreeing to a lower amount and The CA made and is still making the claim the OC would only accept full payment. "Demanding" payment in full is not saying "The OC will ONLY take payment in full." I'd think it would be almost impossible to prove both of these. If you could then obviously the CA is lying which I would think violates that, but of course the OC could just say they changed their mind and you'd have nothing.
  15. JDB = Junk Debt Buyer. An organization that buys delinquent debt. When you are being sued it is either by the Original Creditor (OC), a Collection Agency who is collecting it for the OC, a Junk Debt Buyer (JDB) who actually bought the debt from the OC, or a CA who is collecting it for the JDB. Sometimes the debt can be sold multiple times so you might have had a few different people trying to collect. That's why it is important whoever is suing you proves they have all the rights to collect on the debt.