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cher6474 last won the day on May 16 2013

cher6474 had the most liked content!

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About cher6474

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  1. Thanks again... I'll be calling first thing Monday morning.
  2. No it was interesting...he simply said judgement for the defendant and it was on to the next case.
  3. Thank you calawyer. How long will it take for me to get a copy of the judgement?
  4. Yea! Although it may have been easier to have the affidavit thrown out. There is an alternative. Go through each line of the affidavit andobject to all items that are objectionable. Most of tthe affidavit was here say. I also attacked the documents and @helpme your objections helped immensely. I met a guy as I was walking out of court and he asked if I was an attorney because he wanted to hire me. I said you don't need to hire anyone.represent yourself, but check out
  5. Well I won! Judgement for the Defendant. My question is the Plaintiffs attorney asked that the case be dismissed without predjudice. I stated that I prefer it be dismissed with predjudice. The Judge stated he was inclined to dismiss with predjudice, and he gave the attorney the option of dismissal with predjudice or judgement for the defendant. Can someone enlighten me?
  6. @shellieh98 - I didnt subpoena the witness, I'm not trying to be a whiner but I simply couldn't, I wanted to but I didn't have the fuel to make a trip to the court nor the funds to have the subpoena served. I'm doing the best I can with my limited resources.
  7. Plaintiff states that all right, title and interest in the account was sold and assigned to Cavalry... Stating that interest at 19.99 % continues to accrue since July 2009. The agreement provides that Defendant is obliged to pay Court costs. Stating Defendant is liable for common counts 1. indebtedness exists from Debtor to Creditor 2.An agreed balance on the account, and 3. The debtor expressly or impliedly promised to pay the creditor the amount determined to be owing An agreed balance will be implied if a statement of the account is rendered and the recipient fails to object to it within a reasonable time. This applies to revolving accounts and credit cards. An independent cause of action exists based upon the statements that were sent to Defendant, listing the continual charges and payments and balance due on each statement. Defendant failed to object to these statements. Therefore they remain liable for the balance on the statement as set forth in the final statement. They conclude that based upon the foregoing facts, the accompanying documents, Plaintiff is informed and believed that it is entitled to a Judgement as requested. Principal amount $xxx , interest $xxx and court costs $275 leaving a total balance due of $XXXXXX. they have a declaration in lieu of live witness 1. Terms and conditions titled, PP Credit card agreement 2. Billing Statements 3. Assistant Secretary's Certificate of FIA Card Services, National Association, Bill of Sale and Assignment of Loans and Schedule A. Do I object to the entire declaration or only the specific statements which she is not qualified to testify to?
  8. Thanks ... I've prepared my trial brief but haven't filed it. I will use that in court to help me with my objections
  9. I'm looking over their trial brief in order to be prepared... and I'm wondering how does this work? Should I review the brief and mark my objections in the margins and object as each item comes up? Or allow the plaintiffs to read their trial brief and then lay out my defense?
  10. Awesome! Congratulations. I'm in your shoes almost exactly. My case will be heard on the 15th of May. Curiosity question where was your case heard. With the LA County Court reorganization I will be headed up to Chatsworth.
  11. Im curious if anyone knows of any tangible effects of the recent Court consolidations in the State of CA. My case was originally to be tried in Alhambra Courthouse but was transferred to Chatsworth Courthouse. Curious as to courts inclinations toward pro se defendents.
  12. Some additional info re the ccp98. Individual lists an address where "she is available for service of process" which is within the 150 mile limit... however her current address is listed in Phoenix AZ - which is definitely not within 150 miles