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Everything posted by ASTMedic

  1. I don't remember how the CMC was scheduled, it's been a few years now. If you have a thread started post in that and someone will answer it for you. Sounds like with the law being clarified now on the service of the subpoena they are basically hoping you mess up something they can capitalize on.
  2. If they give you 2 pick one and serve it but tell the process server to only serve the person listed. If they give you one you will have to argue that they didn't follow the law as written.
  3. I love hearing that my struggles have/still help people long after my fight is over. I've recovered from my poor credit decisions and you will too. The service of the subpoena has/will always be the biggest weakness of the junk debt buyers court case. That's why I stressed its importance so strongly. Its good to see that it's being backed now. Again, I'm truly blessed when I see how many people I've been able to help. I didn't get any return of my fees when I won so seeing others win makes up for that.
  4. You're welcome. Start a new thread and people will give you a hand. Kick some butt!
  5. I'm going to be honest, it's been a while and I could only tell you what's in the paperwork. I used a general denial since that needs no defenses. It gives them nothing to grab on to. Keep things vague as possible so they have nothing to work with. That was the whole plane through out my case was to respond with as little as possible to make them think I was just like everyone else and had no idea what I needed to do.
  6. Mopar, thanks for the kind words. I haven't been on here in a long time but I'm glad to see all my hard work is still helping others win.
  7. They list an address in WA for service of this no name "witness"? So they're WAY outside the 150 mile limit???? Done deal
  8. Hey all. I'm still around. Mostly answer just PM's since I never look at the threads. I'm reading the PM's that are sent to more than one of us but only chime in if I have a point to make. Just cus I don't answer doesn't mean I'm not reading along with what people are saying. Feel free to keep sending PM's if you have a question to ask me. Keep up the good fight folks.
  9. We obviously don't half a$$ things like they do so always have your docs ready but I'll be surprised if they are allowed to use the evidence. Sounds like your court gave them a good slap when they didn't file for the CMC. As I said don't go and get lazy but I think you're doing very well and it will all look good to the judge.
  10. If they intend to use the "affidavit" then they better be ready to bring a witness and the "affidavit" better conform to CCP 2015.5. Most are not properly attacking the affidavits when they are submitted and thats why they loose. (I know its an old post but some of us are slow. SO SUE ME!!!!!!!!!!!! LOL)
  11. Just so people know, I am still alive and kicking around here. Mostly I just answer PM's from people since that goes right to my email. I have a hard time getting around to checking the board so PM's will get a response. Hope everyone is still fighting the good fight (not that you wouldn't be) and shoot me a PM if you need anything.
  12. I would attempt service unless it's just flagrantly outside the 150 miles. If it's say 165 miles, ya try to serve them. If it's way outside I'd just do the notice and MIL
  13. I have a judgment in favor of defendant on the books vs Midland. Not a monetary settlement for dismissal or dissmissal prior to trial. Here is a scan of the actual doc https://docs.google.com/file/d/0B3pn_2wRVGfTenExTW1DajZDTGM/edit?usp=docslist_api On my credit report it is written "transferred to another office, sold to another lender" from the OC. So OC clearly state they sold it and JDB lost by judgement. To me that seems to mean nobody can claim it.
  14. My question was more about the fact that I beat the JDB at trial with a judgement in my favor. So JDB has no right to the debt, so no 1099C from them, correct. But can the OC claim a loss on debt they sold? Wouldn't the sale be the end of their rights to the debt?
  15. Whoops. Haven't been on in the past few weeks. This was why I directed people to send a PM if needed. I get and answer plenty of those.
  16. I think many times they do take sides. It's just not how we would expect it to look. I think its more about a lack of allowing them to have any slack.
  17. I not worried about Midland since they couldn't prove they owned the debt. If they file a 1099-C for a debt they don't own I'll own them. I'm more intrested in the OC filing one for a debt they sold to JDB. When they sell it I'd assume they gave up their rights to it.
  18. Can Chase still file a 1099C if they sold the debt to Midlnd? From my research midland can't since they lost by judgement.
  19. You can serve the CCP 96 no more than 45 days before trial and no less than 30 days before trial. Many JDB, and some OC, use account stated since they can't prove any other sort of a contract between you and the OC (who's shoes the JDB stepped into when they purchased your acct). With acct stated their end of the contract was the credit give on a defendants end it was the use of said card that showed they agreeded to the contract. This is why they ask in admissions if you contested the charges on the card. If you didn't then you agreeded to the amount. The reason that they have no signed contract is that the majority of the cases the card was applied for online thus no written contract.
  20. So reading the thread about getting a 1099-C from a JDB got me thinking. Has anyone received one from a JDB they beat? I'm assuming since they couldn't prove ownership at trial they can't submit a 1099-C? Can a JDB who now shows as owner of a debt from an OC file 1099-C if the never attempt suit? I did get a 1099-C for a car I co-signed for an ex but that was an OC essentially.
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