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Everything posted by varesa01

  1. "With a dismissal the only way to get costs if you have affirmative pleadings on file at the time of the dismissal. " Is this accurate?
  2. I filed my JUD100 and this is the response I got from the judge: "Both sides were present on 12/29. When Plaintiff dismissed case with prejudice. No judgment needed." So, without a judgment, how do I get my filing fee back from these people? Minus a judgment they're not going to pay. Any ideas??!! I'm really angry over this.
  3. I finally did the right thing and completed the JUD100! My case was different and dismissed at trial, before trial started, so I checked the boxes "By Clerk" and "After Court Trial". I then checked and completed section 3 .. After Court Trial. I got a copy of the "Nature of Proceedings: A Court Trial" from the files section at the court and that gave me the name of the Plaintiff's attorney and all the info I needed to complete that section. Defendant's Attorney I just left blank. As above, I checked 5b and then typed my name in that box. Checked 6b and the box below "Defendant named in it
  4. On this whole issue, I filed a Memorandum of Costs and had no response. Also, there is nothing in the file at the court house apart from my filing and notice of dismissal of case. I found a form and want to know if I can use this to get my judgment. It is CIV100 and is called Request for .. then three boxes for the following .. Entry of Default, Court Judgment, Clerk's Judgment. On page 2 it has an area for the Memorandum of Costs. Can I use this form and if so, do I file it alone? When I went to the legal help room at the court house they told me I need an order with it but they also seem
  5. Congratulations Seadragon, as usual, has it just right! Stand outside that courthouse with a sign BTW, I had a difficult time with the Memorandum of Costs and realized after the fact that I could have had it at court on the day of the trial with a Request for Court Judgement, or am I wrong? Anyway, I finally found a form CIV100 that specifically requests either Entry of Default, Court Judgement or (and just what I want) CLERK'S JUDGEMENT so I'm working on completing that and getting it filed as obviously they did not respond to my Memorandum of Costs. Talk about learning curve!!!!! Of cou
  6. I had no response to my Memorandum of Costs (California) and went to the court (about 40 days later), probably a mistake! They didn't have a clue and were no help whatsoever! Went to legal help at the court house and although they were nice, they said, "it's complicated" and said they would call me back, which they have not. They agreed I needed a judgement! I found a form CIV-100 Request For .. then three boxes for Entry of Default, Court Judgement, or Clerk's Judgement and wondered if I should file this? If you agree that I should, I would really appreciate any help completing it! Thanks
  7. CONGRATULATIONS!!!! I'm soooo happy for you Isn't it great beating the bastards Agreed that without this site, we'd be up the proverbial creek without a paddle! The best thing I (could say "we") ever did was find this site with so much phenomenal, friendly, and compassionate help! Time to celebrate!!!! Equable Ascent .. pond scum of the lowest order .. and you showed them whose in charge
  8. Congratulations Personally, I think that after other JDBs see that you were willing to fight and actually won, they most likely wouldn't want to touch this again. They want those they can intimidate and obviously you don't fit the bill
  9. In general JDBs have absolutely no evidence; no assignment of contract and nothing to prove that they own the contract. I recently had my case dismissed. I am a bit of a dufus but did the BOP and Discovery. They produced a piece of paper showing that they had purchased 35,800 accounts (nothing with my name), a copy of a contract (without my name and unsigned), and an old statement of mine. That was their total "evidence". Before trial they sent me a Notice of Trial with an affidavit in lieu of live appearance of their witness (some low level employee of theirs). I immediately filed a Notic
  10. Equable doesn't have burden of proof. Trust me on that They have garbage.
  11. BTW. if you get no satisfactory reply after the BOP, send a followup letter as a courtesy and if no good response (which there won't be), then you can file a Motion to Compel and in all likelihood, they will fold. Keep up the good fight and you will definitely win this. Equable are the bottom of the food chain.
  12. I just won against Equable. Their so-called evidence was garbage. Mine was also with Chase and all they had was an unsigned copy of a contract and a piece of paper showing that they had purchased over 35,000 accounts. They are counting on the defendant folding but they are probably one of the easiest to win against. This site is incredible for the superior advice and help given. Take that advice and you will give them another defeat. Good luck Actually with Equable, you should have no problem winning.
  13. Hi Tigger, Glad to see you're getting so much help fighting the good fight. Not sure if this is pertinent or needed but just in case! Anyway, maybe someone else will find it handy. Equable Ascent are perhaps the most incompetent JDB out there. They have nothing and count on fear of the defendant to not fight for them to win their cases. I was in the same position with the CCP98 and filed the following: Superior Court of the State of California For the County of ______ Address ______ Civil Division PLAINTIFF: EQUABLE ASCENT FINANCIAL DEFENDANT: ________________ Case Number: ____________
  14. Thanks. I take it that I first receive a notice from the court that confirms the dismissal and then I have 15 days from that time to file? I will drop by the clerk at the court after 7 days with the filing, regardless, if I don't hear anything. It's only five minutes away and so even if they tell me that I have to wait, it will be a worthwhile trip. The $225 filing fee is just a drop in the bucket for them but enough drops could make for some real hurt for them! You should get a belt and put a notch in it every time there is a win, tied to your help. Legal power in the hands of the good
  15. I actually have that form stashed away One of the few things I did right. Again, I can never thank you enough for all your help and the help of so many others. Never thought I'd say that there's a special place in heaven for lawyers, but there is for lawyers such as yourself who spend so much time helping the uninformed such as myself fight back against these unscrupulous JDB sharks. THANKS AGAIN and have a very happy New Year. Thanks to you, I can guarantee that I will
  16. Had a win against a super inept JDB; Equable Ascent. It took about a year to get here but it felt so good today at court (trial date). Their lawyer asked me to go outside to discuss settlement. I said, "I'm not going to settle. You have no standing". She then said that she was going to ask for dismissal without prejudice which I know means that they can file again but doubt that they will. Evidence was zero. If a dufus such as I can win, than there is hope for everyone Really important (in my mind), following your answer
  17. Thanks to all the help I received from Calawyer and Rikkivs as well as many others, I WON TODAY I am a dufus and did not do all as I was told. I lost templates given me and even with my incompetence, I beat the JDB, Equable Ascent. Went to court today for trial and their lawyer took me aside and said "let's step outside to talk about a settlement". I said, "I'm not going to settle. You have no standing." She then said she was asking for dismissal without prejudice. I understand that they are now able to file again if they wish, but doubt that they would want to deal with anyone again wh
  18. Ignore my post. I actually read and found the wording which was generously provided above Will get that mailed tomorrow!!
  19. Great posts! I have trial on 12/29 and need to file CCP-1987(. Until these posts, I had no idea it existed! Can someone please tell me how to file this? I can't find a form (California) and wonder if it's something I have to create myself. Much appreciation for any assistance with this.
  20. I actually absorbed what you wrote! Took me long enough Now I get it. I file a Motion to Compel and a Motion for Continuance at the same time and that should take care of it? Again .. THANKS!
  21. Thanks so much for the information. As I can't get my motion heard until March 2012 which is way after the trial date, I may just take your "see you in court" advice. BTW, if I file the Motion to Compel, will that automatically push up the trial date? If so, I will do that as this company tends to fold on a Motion to Compel. They are a JDB and consistently have pretty much nothing! I would love to have that motion in the works and hasten the dismissal. Again .. thanks for the help.
  22. So happy to hear that. It gives us all hope CONGRATULATIONS!!!!
  23. My trial vs Equable Ascent is set for 12/29. I wanted to file a Motion to Compel but the earliest date for that motion to be heard is MARCH 2012!! Not sure what to do now. I have left a message with the court clerk requesting a change of the trial date but unaware if this can be done. If I can push it to mid next year I can file this motion. Must mention that earlier the clerk said I could file an ex parte motion and from what I have read I need an affidavit of sorts but that could be filed very quickly. Of course I could just go to trial and defend on lack of standing as over the past 12
  24. I'm dealing with the same people. They were calling me every week to settle and I finally realized that there was commission involved for whoever managed to obtain that. They have absolutely nothing; no contract, assignment or documents which you will eventually find is also true in your case. Hoping that they can find people who are afraid to fight back and just give them money, regardless of the fact that they have no legal standing in the matter. I have a trial coming up on 12/29 (Happy New Year) and my defense will be their lack of standing. Wanted to file a Motion to Compel but the fi
  25. Thanks. Sounds as though I will be leaving the compel for written discovery out of my letter! Never thought that I'd express any love for lawyers but this site has definitely changed my anti-lawyer stance! It's the "good lawyer" site