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LadyGabbie

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  1. Not sure we'll hear from this guy...it's been over a month. Sure can accept assistance, but not very forthcoming with it
  2. I have to say I agree with you, one member posted how they won a motion to dismiss (in AZ actually) with the tremendous help of those on this forum. People asked that this person to share a redacted copy of your motion here so that others could learn from it...which they said they would..and guess what? Nothing! You hope people would pay it forward, but guess some people don't believe in that. Having said that, I wish you the best and hope to see your posts later about your victory!!
  3. Any update on this? Would be nice if you could pay it forward!
  4. Every situation is different, but it appears to me that most that are successful on this forum are because they were able to pick apart the plaintiff's evidence/case and not because they had a good affirmative defenses....think that's a fair assumption?
  5. But isn't this assuming the plaintiff PROVES this debt is mine and they legitimately own it?? Isn't it, then, that I would have to "prove" my defenses? If they have no case at all, then why would I need a defense??
  6. Thanks all for the help! I was running out of time to file an answer and sought the help of my friends father who is an attorney, he had his assistant help with the answer and affirmative defenses. Count this as a lesson learned to do things myself (if there's a next time). I've already sent out the BOP, so we'll see what the JDB comes up with.
  7. thanks calawyer, I guess I'll cross that bridge when it comes. Is having the "right" affermative defense that important? Would I lose my case if the plaintiff only offers hearsay evidence and I didn't list whatever affrimative defense that would apply? Is there a deadline to when I can ask for a leave of court to amend my answer?
  8. Prove? Isn't the burdon of proof on the plaintiff? How does one "prove" the debt/credit card isn't theirs? By the way, I've learned what each means, only took 15 minutes.
  9. How would I back them up? What if the plaintiff doesn't motion to strike them? Would I have to back them up during trial? What about those who just submit a general denail with no affirmative defenses? Assuming, like many on this forum, the platiff produces some BS bill of sale and assignment and a few random statements, would my affirmative defenses hurt my case if I didn't list the "correct" ones?
  10. Thanks...I'll start looking those up now. I'm just wondering if it gets to trial, I show all their "evidence" is hearsay and they really have nothing, but I lose because I don't have the right affirmative defense. Is that how it works? I mean, I had to fill out the answer and list affirmative defenses with no information attached to the complaint, just that I was being sued for an amount allegedly defaulted on.
  11. TBH, I don't know what some of them even mean. Will that hurt? I feel like I'm missing a few? Lack of standing? Unclean hands? Identity theft?
  12. I was in a time crunch and filed my answer with affirmative defenses (with the help of a friend with a legal background) but I'm having second thoughts...can someone reassure me or should I file a leave of court to amend my answer? Affirmative answers: Defendant is informed and believes, and thereon alleges, that Plaintiff's action is barred by the Statute of Limitations. Defendant is informed and believes, and thereon alleges, that Plaintiff is barred from recovery by the doctrine of lathes. Defendant is informed and believes, and thereon alleges, that Plaintiff's action is barred by reason of his failure to perform his obligations under the contract. Defendant is informed and believes, and thereon alleges, that Plaintiff's alleged debt should be offset against monies owed by the Plaintiff to this answering Defendant. Defendant is informed and believes, and thereon alleges, that the alleged contract lacked consideration. Defendant is informed and believes, and thereon alleges, that the alleged contract is unenforceable and/or void as a result of Defendant's lack of capacity to contract. Defendant is informed and believes, and thereon alleges, that the alleged contract is unenforceable and/or void because of Plaintiff's undue influence upon this answering Defendant. Defendant is informed and believes, and thereon alleges, that the alleged contract is unenforceable and/or void because of Plaintiff's misrepresentations to this answering Defendant. Defendant is informed and believes, and thereon alleges, that the alleged contract is unenforceable and/or void because of duress. Defendant is informed and believes, and thereon alleges, that the alleged contract is unenforceable and/or void because it violates the public policy of the State of California. Defendant is informed and believes, and thereon alleges, that the alleged contract is unconscionable and therefore unenforceable.
  13. That's awesome!! Did you also send a BOP and did you also have to file a motion to compel further responses to those?
  14. Don't most (if not all) credit card agreements have some sort of arbitration clauses in them? JDB's are required to pay for all those costs even if the arbitrator rules in their favor? Can you file a motion to compel arbitration at any point during the lawsuit?
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