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Everything posted by bidasx

  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.
  16. Funny thing, I attempted to settle with him! I showed him my settlement offer and he was like "So you agreed to a settlement a year and a half ago, didn't pay it then now want a settlement on your own terms?" I told him I didn't agree to any settlement before (They submitted a stipulation for settlement a year and half before that I never agreed to). He then said something like "Well you could have had this settled a year and a half ago, we'll go ahead and get the judgment then you can figure out how to deal with that." I just shrugged and he walked off "Ok then." After the Judge threw out the
  17. Just want to say I plead the 5th and was denied lol... Judge said it wasn't a criminal case.
  18. A long time ago I had a CapOne CC. It was my first CC and all payments were made on time. The card was barely used though. At one point I put it in my dresser and forgot I even had it. Fast forward about a year or so, I went to my bank to apply for an auto loan. The bank denied me based on having a "red flag." The "red flag" was that the CapOne card was closed by CapOne. Is not using a card an acceptable reason for them to close the account? My sister had a similar account and I think to this day hers is still active and reporting on her CR yet she NEVER uses it (I don't think she even has a
  19. Ok I think I have all the right boxes filled out... Now I just need to know: Do I need to get it signed by anyone (judge/clerk) before serving to the plaintiff? Or is serving it to the plaintiff just a sort of notice that "hey this is what I'm sending to the court" and no sigs required. When I submit to court do I need to get it signed by judge/clerk before too? FYI this is JUD-100 form for CA
  20. I have no idea what boxes to check or how many I can check? I'm assuming I'd check boxes "By Court" and "After Court Trial" at the top as the judge made the judgment for defendant and the judgment was given after the plaintiff presented (or failed to present) his case... Also check 3b, 5b, and 6b? I don't think I have any fees to collect from them as I submitted a waiver of court fees so didn't pay any filing fee as far as I remember. And anyways I'm sure I'd have to submit proof of these fees? Regardless I'm just looking to put this behind me, not collect anything from them. Are there any co
  21. So thanks to everyone who helped me out. My questions were plastered here the past few days and I really appreciated the answers and help!! Judgment for the Defendant!! based on declaration violating CCP 98 then bill of sale/assignment was thrown out based on hearsay. Judge told the attorney it would be hard for him to prove anything without the bill of sale. After the declaration was thrown out his first order of business was to call me to the stand. I was NOT prepared for this. I answered most questions with "I don't know." or "I don't have knowledge sufficient enough to answer." He made the
  22. I understand I'm out of luck for discovery. It was a major mistake on my part. I will try the CCP 454 argument citing I denied their claim of an account and demanded strict proof in writing in my Answer and was not provided a copy within 10 days. I'm not sure how well this will work as then everyone denying and demanding proof in an answer can then later claim the same when they don't receive a copy... Never know though, might put more accountability on OCs and JDBs trying to sue lol There was never a meet and confer initiated, asked or otherwise offered by either side. I plan to attack the
  23. Is there any case law to support this? From what I've seen: "A book account may furnish the basis for an action on a common count ' ". . . when it contains a statement of the debits and credits of the transactions involved completely enough to supply evidence from which it can be reasonably determined what amount is due to the claimant." ' A book account is described as 'open' when the debtor has made some payment on the account, leaving a balance due." (Interstate Group Administrators, Inc. v. Cravens, Dargan & Co. (1985) 174 Cal.App.3d 700, 708 [220 Cal.Rptr. 250], internal citations and
  24. I did not ask *specifically* for a copy or itemization of the account. But one of their claims in the summons/complaint was an account and we agreed it was such and such amount. My response was a denial and demanding strict proof. Sadly I don't have proof they received disc. Is the only way to do it with an in limine motion? When they attempt to introduce any evidence on the account can't i object based on violating the CCP 454 as my answer to the complaint demanded proof of an account (by demanding strict proof of the paragraph they claimed an account in)?