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saytar

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Everything posted by saytar

  1. Glad you clarified that it is also appealable in AZ...............wasn't really sure with AZ such a creditor "friendly" state. Note: That's why my appeal here is a little complex when the hearing on the motion for arb and MSJ are held in same hearing.......still haven't heard back from them yet on mine...been officially assigned to Appeal Court since 18 May...... Maybe they can't decide if they need to rule on arb or on MSJ...........or both.....LOL. Can't believe my judge here would hold the arb hearing and MSJ same day.....kinda of a denial of due process as the status of jurisdiction (and right to even be able to file/hear MSJ ) was a pending action not yet decided (officially that is, obviously judge knew what he was going to do) eliminating my exercise of the rights of appeal on that action alone. Seems something is up on P. Scott Lowery bunch.....apparently the CACH attorney's (husband and wife doing my case) address has been changed in Court from T town here back to their Colorado address. Skipping town so to say? Or are they not making much headway collecting here? Bringing them in for closer supervision, long drive from Denver to most of OK for court appearances.....? Inquiring minds would love to know!
  2. I'm hoping that the OP filed a motion to compel arb asking the court ot "either" stay the proceedings or dismiss the proceedings after granting arb motion. It appear's that if this is so then court has declined to order arbitration and is proceeding........an appeal of the denial of arb might be in order....if the time to do so has not run it's course...............denial of arbitration is a matter of jurisdiction, either the courts or the arbitrator and is usually a matter of the proper venue..............an appealable action done by the court (denial is appealable in OK at least)....., but this is AZ and any should of, could of's are up for grabs.....
  3. LOL.......talley ho and nice play.......that's the back pat Now with 3+ still hanging...uh..........get in line and you will need the patience of Jobe....(and persistence) Good Luck on the Grand Finale, wish you the best always..............
  4. Congrats on a stunning win! Is that the same California as in...................."Hotel California"
  5. And the Fraud keeps on Rolling................................................... Talk about a "gift" that keeps on giving......................and taking. A reverse Robin Hood.....take from the poorest and give to the richest................... When Banks are too Big to Fail or Jail and own the politician's lock stock and barrel.....................................is called "crony capitalism" or by the old misnomer...........FASCISIM.------ Benito Mussolini would be proud. First the Banks managed to write their own creditor friendly BK law, paid the politicians to pass the Law they wrote...............then, making sure that even under BK they'd get something in most case's....... they double down on putting the debt cards in the Publics Pocket. Now the new con is calling Health Care a TAX............................forcing private citizens to purchase a product from for profit business.............
  6. Shhhhhh....Poker hand......classified info,,,,,,,don't get them looking at ALL the Cylinder's!! Gotta keep the wizard hidden behind the curtain........... Never hurts to interject a little (ok a lot) humor into some of the things we deal with......................keeps the boat from taking on too much water!
  7. I see your a gentleman with finesse in the flay..............white glove and all. Myself, I'm somewhat crude and believe in over the top in certain case's..... When one will do.........cannot 3 totally be better????
  8. I don't know about anybody else, but if I had a case this affected I would Throw everything AND the kitchen sink at them..........................The sit back and see how much stuck. One item or 6............matters not to me...............as long as some doodoo sticks. I'm not proud...................just persistent............and I detest JDB's.
  9. After reading thru this thread I have decided............................that nothing has been decided........................that nothing will be decided AND...................... I'm going down and get a case of Wild Turkey and see if I can finish it all by bedtime.....................................Straight on the Rocks... Maybe the Pain will leave the Body....
  10. LOL......nice little synopsis. Guess some folks just don't understand how hard most look for any sliver to fight the creditor weighted system. The 99% need "some leverage" against a grossly one sided collection system. For creditor's little to no proof needed, stroke of a pen or two.... For debtor's pay or else we will use government force to bend you to their will....... And since the Big Too Big to Jail Banks own the Government..................................I owe, I owe, so off to work I go....................(Snow White & the Seven Dwarfs) Brings back memories as a kid Listening to Tennessee Ernie Ford singing...."16 Tons" OK, OK...........I know that makes me a month older than dirt................be nice. SIXTEEN TONS Merle Travis Some people say a man is made out of mud A poor man's made out of muscle and blood Muscle and blood, skin and bones... A mind that's weak and a back that's strong Chorus You load sixteen tons, and what do you get? another day older and deeper in debt St. Peter, don't you call me, 'cause I can't go I owe my soul to the company store Verse I was born one mornin' and the sun didn't shine I picked up my shovel and I walked to the mine I loaded sixteen tons of number nine coal and the straw boss said, "well bless my soul!" Chorus You loaded sixteen tons, and what do you get? another day older and deeper in debt St. Peter, don't you call me, 'cause I can't go I owe my soul to the company store Verse I was born one mornin' it was drizzlin' rain fightin' and trouble are my middle name I was raised in a cane-brake by an old mama lion can't no high-toned woman make me walk no line Chorus You load sixteen tons, and what do you get? another day older and deeper in debt St. Peter, don't you call me, 'cause I can't go I owe my soul to the company store Verse If you see me comin', better step aside A lot of men didn't, a lot of men died One fist of iron, the other of steel If the right one don't get you, then the left one will (Chorus) You load sixteen tons, and what do you get? another day older and deeper in debt St. Peter, don't you call me, 'cause I can't go I owe my soul to the company store "Sixteen Tons" � Merle's Girls Music ~ All Rights Reserved
  11. Oh yea way to long............I think that if they ignore or blow off your request for a continuance and have the bench trial right then and there IF you Object orally and file an Objection the court is setting themselves up for abuse of Judicial Discretion and violation of Due Process.............both items that if documented properly for an appeal, either one of which would get a reversal. Then it would have to go back to the trail court and if the JDB wanted to continue to pursue the matter would have to start all over.......................hopefully the SOL will kick in before that. Any "Mediation" you would get at this time is going to be thru the Texas Court system.................Not thru JAMS or AAA.......and would Not be of any Benefit to you. Just remember file your MSJ note and Object to each and EVERY item of any so called evidence....request it be stricken and excluded.......the Judge might accept your argument, if not and you have to appeal, then you have "documented Objections"..............these are needed to even make an appeal viable. Even if the trial judge is against you the 3 or so in appeals might see your arguments in a more favorable light............if so it won't matter what the trial judge thinks. I'm not sure how your state appeals on MSJ decision's or from JP courts for sure..................you need to read up on this procedure and pay attention to what is needed for a successful appeal......Always be prepared for that as NONE of these case's can be predicted with absolute certainty. Way too many variables. Hopefully the information below will help you out some.................I'm not sure your really sure of what your supposed to do, maybe this will help some. One thing I noticed glancing thru the statute...............the court can place fast and loose with evidentiary matters and are not restricted to exactly following Rules of Evidence........I doubt this holds true for the District Court, so win lose or draw stick with the rules even if the JP Judge ignores procedure. Here's some information on your Courts. Texas Rules of Civil Procedures, Part 5 - Rules of Practice for Justice Courts in TX. RULE 526. SUMMARY DISPOSITION (a) Motion. A party may file a motion with the court requesting judgment in its favor without a need for trial. A plaintiff’s motion for summary disposition should state that there is no genuine dispute of any material fact in the case, and that it is therefore entitled to judgment as a matter of law. A defendant’s motion for summary disposition should state that the plaintiff has no evidence of one or more essential elements of its claim against the defendant. ( Hearing. If a summary disposition motion is filed, the judge must hold a hearing, unless all parties waive the hearing in writing. Parties may respond to the motion orally at the hearing, unless the court orders them in writing to reduce their responses to writing, which may or may not be sworn, at the discretion of the court. © Order. The court may enter judgment after the hearing as to an entire claim, or parts of a claim, as the evidence requires. The court should deny the motion if any material factual dispute exists. Note to OP...this is why you must object to each piece of evidence, create a sustainable factual dispute, document with written objections, case law, statutes, etc and request to strike or exclude each piece of evidence....every piece of it PRESERVE Appealable facts. RULE 555. SETTING ASIDE DEFAULT JUDGMENTS AND DISMISSALS A plaintiff whose case is dismissed may file a motion within ten days of that dismissal seeking reinstatement. The plaintiff must serve the defendant with a copy of this motion no later than the next business day using a method approved under Rule 515. The court may reinstate the case on good cause shown. A defendant against whom a default judgment is granted may file a motion within ten days of that judgment seeking the judgment to be set aside. The defendant must serve the plaintiff with a copy of this motion no later than the next business day using a method approved under Rule 515. The court may set aside the judgment and proceed with a trial setting on good cause shown. If a court denies either of these motions, the party making the motion is entitled to appeal that decision as provided by SECTION 6, and will receive a trial de novo at county court if they successfully perfect the appeal. Note from Me: De Novo means fresh and anew. The County court does not consider the JP courts ruling but examines the written record and pleadings and evidence with fresh eye. They make their decision based on the record..................the record are any written transcript or more importantly filed motions and pleadings... WHICH IS WHY I SAY YOU NEED TO MAKE OBJECTIONS AND MOTIONS TO STRIKE OR EXCLUDE IN WRITING AND FILED WITH THE CLERK SO THAT THEY BECOME A PERMANENT PART OF "THE RECORD". PAYING FOR A COURT REPORTER AND TRANSCRIPT OF ORAL ARGUMENTS CAN GET EXPENSIVE! You Can file an appeal in Pauperous or without funds if your basically broke..............so their is no real reason not to take the time to file one. RULE 560. APPEAL (a) Plaintiff’s Appeal. If the plaintiff wishes to appeal the judgment of the court, the plaintiff or its agent or attorney shall file a bond in the amount of $500 with the judge no later than the 20th day after the judgment is signed or the motion for new trial, if any, is denied. The bond must be supported by such surety or sureties as are approved by the judge, or cash in lieu of surety, must be payable to the appellee, and must be conditioned that the appellant will prosecute its appeal to effect and will pay off and satisfy such costs if judgment or costs be rendered against it on appeal. ( Defendant’s Appeal. If the defendant wishes to appeal the judgment of the court, the defendant or its agent or attorney must file a bond with the judge no later than the 20th day after the judgment is rendered or the motion for new trial, if any, is denied. This bond is calculated by doubling the amount of the judgment rendered in justice court. The bond must be supported by such surety or sureties as are approved by the judge, or cash in lieu of surety, must be payable to the appellee, and must be conditioned that the appellant will prosecute its appeal to effect and will pay off and satisfy the judgment which may be rendered against it on appeal. © Appeal Perfected. When such bond has been filed with the court, the appeal will be held to be perfected. The appeal will not be dismissed for defects or irregularities in procedure, either of form or substance, without allowing appellant five days after notice within which to correct or amend same. This notice will be given by the court to which the cause has been appealed. (d) Notice Required. Within five days following the filing of such appeal bond, the party appealing must give notice as provided in Rule 515 of the filing of such bond to all parties to the suit who have not filed such bond. No judgment may be taken by default against any party in the court to which the cause has been appealed without first showing compliance with this rule. RULE 561. INABILITY TO PAY APPEAL COSTS A party that wishes to appeal, but is unable to pay the costs of appeal, or secure adequate sureties, may appeal by filing a sworn statement of this inability no later than the 20th day after the judgment was signed or the motion for new trial, if any, was overruled. This statement must include the contents of section (a) below. The statement may be the same one that accompanied the filing of the petition, if one was filed at that time. Notice of this statement must be given by the court to the other party no later than the next business day. (a) Contents of the Statement of Inability to Pay. The statement must contain complete information as to the party’s identity, nature and amount of governmental entitlement income, nature and amount of employment income, other income, (interest, dividends, et.), spouse’s income if available to the party, property owned (other than homestead), cash or checking account, dependents, debts, and monthly expenses. The statement must contain the following: “I am unable to pay court costs. I verify that the statements made in this statement are true and correct.” The statement shall be sworn before a notary public or other officer authorized to administer oaths or signed under penalty of perjury.......... If the party is represented by an attorney on a contingent fee basis, due to the party’s indigency, the attorney may file a statement to that effect to assist the court in understanding the financial condition of the party. (d) Appeal of Ruling. If the decision is appealed by the appealing party, the judge shall send all papers to the county court. The county court shall set a day for hearing, not later than ten days after the appeal, and shall hear the contest de novo, and if the appeal is granted, shall direct the justice of the peace to transmit to the clerk of the county court, the transcript, records and papers of the case, as provided in these rules. If the county court denies the appeal, the party will have five days to post an appeal bond that satisfies Rule 560 in order to perfect its appeal.
  12. I'd file the MSJ, request the Court set a future date for a Hearing and Ask for a Hearing on your previous Motion for Continuance to allow plaintiff's to allow respondent's time to properly reply on the motion to compel and to insure that no one's due process is violated by having a trial before ruling on previous Motion to Continue is settled, be sure to Object to holding both hearings concurrently..... separate documents but file at the same time. Hopefully Rocker will jump in here. He'll know more definitively about TX. Check with him if possible. I can't imagine them having a bench trial before acting on your motion for continuance (but is is a JP type court) and allowing time for arguments. Hopefully the hearing and arguments is just for the Motion on Continuance....you might check with the Court Clerk and see if they know exactly what the hearing is for...trial or just arguments on the Continuance Motion before you jump the Shark.. If not you'll have your MSJ filed and if the judge blows that off He'll likely be setting himself up for violation of due process....................Sounds like you have one of those non lawyer JP justices. He might just be that stupid and nobody has ever called him on it. In my court I filed an appeal on the Judges ruling on my case..........Court Clerk assistant stated she's never seen anyone appeal anything out of this court since she'd been there (5-6 yrs). Some judges seem to get "a Pass" somehow..........Guess I blew his "perfect record". Shucks, breaks my heart. (I know I can combine motions here in OK...not sure on TX..but I think so) Sometimes it better to do separate ones though.
  13. Just a note and link to CFPB summary.....seems like 47 states are in on the consent order. Pretty comprehensive and sure to make the others sit up and pay attention at the very least. Now I'm waiting for the another shoe (another bank or two) to drop...............this can't be the ONLY one their investigating. Definitely worth a call or two to the State's attorney office to see how your state is going to "Make those directly and indirectly involved "Whole again" and what THEIR going to do to insure all the other's aren't doing the same . Maybe a large FYI fax sending findings and consent order to various court's and State Legal Associations.A grass roots Education Campaign?????
  14. The argument is sustainable. If the case is based on Chase account then it's definitely an argument...make them prove that the account as sold by Chase is correct and fully accurate......Guess what they can't, now what any one particular judge does with that information is beyond ANY scope of ANY argument..forget the legality or not of it, doesn't matter to the Robe. But it might to the 3 or "Robes" on an Appeal Court. Even if the account is not on a Chase account, then any defendant should have some argument that such an QUOTE:" that since this is a Debt Market accepted practice" , that it is proper to question and require additional and/or more definitive documentation to insure that "Due Process" is not violated as violation of due process is grounds to overturn the Trial Courts decision. Now admitted some Robes won't care or think their too protected, maybe.....maybe not. Even thief's have falling outs all the time. Any systemic accepted practice that is found "deficient" should at a very least be questioned in a case.....................I think you may be thinking that no one can show you a "Magic Bullet"...........no one can.......they do not exist. But, usually if enough legal bullets are shot into a case, at some point it is possible that enough legal fluid will leak out to sink the JDB boat...........This decision is just another round that might be shot..............but no shot is "Magic". Just another tool in the tool box. NO legal case can be:: Do this,! Then do that and Violia! you win. Fighting the corruption, prejudice, and old boy network is not a walk in the park and there is no Manual.....we most always start from way behind. I'd rather have a Hellfire missile to take out the opposition ( I like large fireworks displays tool ), but barring that I'll take a really big club if that's all I have..............better than bare hands or nothing. How to use it..............simple. Use it as another attack or tool to try and Impeach the opposition's evidence. No exotic legal theory..................no guarantees. Anon Amos is saying the other Debtor related Board.........the name that dare not be spoken....LOL. The folks over there sometimes have some "creative" methods. This board try's to be a bit more pragmatic and logical.......................which is usually better in MOST case's. if your wanting to go "outside the box" might check with a few over there.....but don't let your feelings get hurt real easy. Most are quite blunt with their answer's. This board is more........Diplomatic so to say. Agree, it is usually easier to keep thoughts together in one place.............that's why I only go check that board out once in awhile......Most there are good folks, but they WILL go outside the box, but outside the box requires a "Large Pair" at times. If not so equipped.................uh oh well. Don't worry just do your case's as you want, take what you want from any information posted and ignore the rest.....we can only make suggestions and brain storm here, as none of us are, cough, cough, cough, cough....."Real Lawyers" (something most would detest being). My lips don't pucker that well.
  15. Good..........it doesn't lock you in. Just state in your motion you desire JAMS. Don't think they will argue about which one you use, as their argument will be against arbitration with whomever. Don't get wrapped up in worry about ALL the What if 's, Should I's, etc............................Just stick with plan for now If they deny your Motion for Private Contractual Arbitration argue for it (most times the refusal of arbitration is a determination of venue (i.e. Court or Arbitrator ) and as such is By itself an Appeal able decision.
  16. This entire country's debt is at astronomical levels right now and climbing higher each passing minute. (Check out the National Debt Clock) A debt based grow system (Ponzi Scheme) requires more and more debt be taken on in order to sustain it. At some point the demographics (aging population, low birth levels, more hands in the benefits cookie box,,,,,massive "undocumented" ...for now immigrants) that are kicking in as we speak with fewer people in the maximum age group (24-56) to be buying homes, appliances, cars, etc. Without larger number's the current Too Big to Jail Banks will soon be imploding. Watch Puerto Rico and Greece for a microcosm of what will happen in this country not far in the future. I personally think that many of the arguments being made will as a point, not far in the future be moot...................Many that are "riding high" on credit right now will soon feel the sting that those in the middle class have been receiving in the keester for the past several years. Soon the "chorus" will get deafing as the whole system implodes like black hole. These consent orders are only highlighting the very factors that are pushing the implosion point. At this point a "critical mass" will be reached and the enitre system will change...........and the change may very well be worse than now with debts just being sucked out of ANY account your tied to.......something that TPTB will insure somehow is "legal". .....OR.....these banks will go bust and the ensuing chaos will resemble the 80's mortgage collapse......some of that disaster is still floating in the system.....and take years to sort out. The landscape will change beyond anything we are familiar with here. That being said, we continue pressing the JDB in ANY manner that we are capable of in our states, take any small "gems" from any consent order or law suit against the bottom feeders and use them to press harder and harder. As this economy continues to collapse there will be many more voices added to ours...at some point a critical mass cannot be held off. Personally I'll take any sustainable argument I can get......the whole court system in this country is a crap shoot anyway.......the more crap I can throw at them, the better chance so me might stick on them and the judge. Can't remember who said this but.................".It is better to have tried and failed, than to have never tried at all....." An argument about how to more effectively use these gems in whatever manner is more productive. I have had copies of F/F agreements for couple of years now....that's why I try and get them to produce them (found that website couple years ago, thought everybody would)......If they don't provide or refuse to provide then I try and use that "refusal" against them........should they provide them (which none have ever done, claiming privilege) then I will tailor my arguments around each and EVERY paragraph in the ENTIRE agreement and "Spin them" in my favor (i.e. use a legal foundation or case law and create a new argument based loosely around it ).....the opposition is free to try and reverse the spin ( which is how about ANY legal brief or argument is formulated..duh).....IF they can. The more I can make a legal argument against an item the better my chance at convincing a judge that "I might just be right". The less they argue a point or if they argue weakly is in my favor....................These are things you can really never know till you try them. At some point the plaintiff's attorney may just get tired of arguing over and over on a piddly bill, especially when there are many more easy pickin's to be had. For Every legal point of case law there is usually at least ONE other case law that argues the opposite opinion.......on the same general subject ! I may OR may not win my appeal, time will tell, but I could tell from the response from plaintiff's to the Appeal Court that they were getting very tired of fighting this.......Their response was really quite pitiful and really kinda of a whiney response......we just don't understand..whine...whine, we produced the same old tired BS evidence we always do...etc. Maybe they did..................but obviously nobody had challenged them with an appeal.....their feelings were hurt. I looked at one case in an adjoining country where the defendant executed a sworn affidavit that the amount of debt was incorrect and demanded proof and validation.............they dismissed with prejudice a month later, and the amount of her debt was 4 times mine. Point is..................you never really know what defense will trigger them to dismiss and walk off.....or what a particular set of judges or judge will do under different circumstances. Best just to argue as much and as on point as possible, preserving objections for any appeal.................and carry the case as far as possible or practical in your situation. If like in AZ (I'm pretty sure that MOST of these losses are in the larger courts, which are full of more arse kisser's) use whatever method works....start with arbitration, if necessary move on to a full court press, preserve objections, appeal if necessary. More and more case's in the appeals court's will eventually get some legislator's attention the more the judges complain of backlogs due to appeal's of BS case's. AT the moment seems arbitration is the best approach at least off the bat. Other states mileage may vary. Learn YOUR area court's, figure out what works and how to present it.................AND take any little nuggets of law or just plain information gleaned from decisions and consent orders and USE them when appropriate....... Ok off soap box.........slinking back to my corner to observe.........and duck the incoming....
  17. In a way yes...................22 boats (grossly devalued dollars) on the Titanic and 80 (paper debt value) needed for all the passengers. A defaulted Chase account would just be a start on a very long list of defaulting accounts. It could well be a many ringed circus for years to come........I doubt that it will matter if a debt is legitimate or not...with overloaded lifeboat's, most will drown regardless. Those of us already thrown from the lifeboats are fortunate in a way to have fallen out in much, much shallower water....which is much harder to drown in. The water keeps getting deeper and deeper as we move along..........................
  18. We can only hope so.............Chum on Big River, Keep on Chumming.These fraudulent schemes have gone on far too long, borrow money at 0% and collecting 29% interest on money created out of thin air. In years past Many Mafia members went to jail for such "loan sharking". Now just think what a stock market and/or bond market crash or major bank or additional country's default would do...........................................perhaps a large bank or two maybe add some Porta Rican Grease to that? The bottom feeders will have a feeding frenzy....................all feeding on each other. I doubt too many consumer's will be affected in such a scenario, as most are already screwed in one way or another......................most just don't know it yet. I see my SSDI and a whole raft of private pension funds floating down the river........................ ::drowning::
  19. Rocker, this is something that I have noticed (especially here in OK) the judges when they allow this "Bundling of Motion Hearings" is usually a good sign that they are for the Plaintiff's (mind made up) and are NOT giving the defendant's motion's any real weight..most likely going to deny it and try and blow them off to "clear the docket". If the judge WAS going to even consider granting the motion to compel, he wouldn't hear it on the same day of a MSJ hearing or bench trial as at least 20-30 days should be granted for them to comply. If granted and a hearing continues (a total oxymoron) then the defendant's rights to due process are blown right out the window. I would file a motion for continuance on further actions (MSJ or trial) for a later date and another hearing.......using any such refusal to do so as a Strenuous Objection and Such Denial of Continuance as Prejudicial to defendants due process..................set it up for any appeal on abuse of judicial discretion............. This bundling may SEEM convenient (it is to the judge and plaintiff), but is a Red Flag that the judge is not paying attention to the case and is mainly trying to dispose of a "nuisance" case. The old "Hurry along, nothing to see here..." theme. A typical JP judge. I wouldn't let this maneuver happen without a written objection. Set the judge up for a fall as he is trying to set up the defendant to lose.....................Make them "give at least an appearance" of justice. Me Smells a Rotten Smell coming from the Courthouse. A MSJ filed by the defendant is a nice move also, doesn't have to be complex.....but a motion for continuance with written objections filed also wouldn't hurt......Otherwise there will most likely BE a Bench Trial
  20. Sorry to be flip.......................But he takes what the attorney presents and unless argued against or objected to by the defendant that's usually the way it goes, most judges are lazy and defer to what or whom they deem the most knowledgeable (ie their good legal compadres). Now your bank statements or other documents that disprove that should suffice. But in your case their improper witness shenanigan's trying to "avoid CA laws" is your best offense. They don't like having to jump thru hoops JUST for one state. Also JDB have been know to make small payments just to attempt to reset a SOL. Make them PROVE they DIDN'T make any such payment, such as producing a copy of your check, an eyewitness statement by a bank employee that YOU made the payment and proving that it came from YOUR account. You are seeing that they also know that they have to MAKE these statements Business records, Prove they sent them to you AND PROVE you received them (a sworn statement from the OC, NOT a CACH employee)...this mystery unobtainable unknowledgable witness is their only hope to do so. These JDB, especially CACH...push, push and push some more trying to "Steam Roll the defendant" hoping they can discourage and wear them down.....they are brash, arrogant, not particularly bright, and persistent.........NONE of which prove's anything for their case...........................but it works when the defendant buys into it. This keeps looping back around to the "witness" that is NOT where they should be at.........................all their gyrations are designed to "avoid" the rules and get the "evidence" into the record..hopefully without your objections..........if they do this without appeal-able objections, and the judge buys it, their home free so to say. This why I always advocate fighting a case with an eye on having to appeal each and everytime...............the JDB have upped the ante and running bluffs more frequently, but are also running the risk we will call them and possibly get a reversal at appeal..................a decision which becomes case law against them................something they are risking when they do this.....CACH is owned by lawyers so they are more aggressive than most with the legal shenannigan's. Plain Arrogance. I'm pretty confident that they can not prove anything other than an unsupported and unauthenticated statement. It all falls back on proper authentication, I.E. Rules of Evidence, Business rule exemptions All which depend on their alleged "witness". Hammer and keep hammering on lack of authenticated/proper witness and service. "Their witness and evidence, no legal foundation it lay's for introduction as evidence we see..Hmmmmm.................Yoda" Keep swinging!
  21. Sounds like a "Cartel" side business, but like all other "Cartel" business's very shady.......................
  22. Because they are just totally bottom feeders.......no imagination, just plain bull headed and convinced of their greatness. Same thoughts I had........ If they don't they should................so should the other 56...oops.....I mean 49 states. Sorry had an Ohh moment..... But we have a problem Houston..................sorry.... "...............Rather, Section 489 was intended for the narrow purpose of preventing attorneys from buying debts as an expedient means to obtain costs for bringing suit." http://corporate.findlaw.com/litigation-disputes/second-circuit-clarifies-new-york-law-on-enforcement-of-debt.html Although this would go a long way towards an argument restricting or eliminating the JDB from either getting fees, or their normally highly excessively fees for their .....cough, cough..." hard work". There SHOULD be a champery law though that makes the mere filing such suits (which should be "cut and dried"), without proper evidenciary material physically in their possession at the TIME of filing, a fine able offense................. In otherwords, if you haven't got it when you file the suit with the court.......big fine.......if the proper "evidence" can't be produced within 30 days of filing.....extremely high fine and dismissal with prejudice...Period.
  23. Thought it might......its something that might be used to gain some leverage in any settlement negogiations. Not a method I particularly favor, as most people do not have the money to do lump sum settlements (which are the only way to do them...the payment route is not viable, the bottom feeders lie too much and sometimes the OP's situation changes to the worse). But Texasrocker knows Texas pretty well AND the 1st Item on the agenda before ALL else is the Answer as he says. Then you have options in which way to take the case, otherwise your dead in the water. Good luck.
  24. I get you on the money thing, to the bottom feeder's it's nothing they'll screw somebody out of the money....to us $100.00 bucks buys alot of groceries............supeona here is $ 5.00 issuance fee at the Court Clerks office, then all you need is someone NOT involved in the case to deliver it..........then complete and file an affidavit with the court certifying they delivered it and when and where and to who................what are friend's for, it's not always necessary to pay a process server or sheriff's deputy............at least here in OK, shuck's ma'am if I was in CA I'd just be plum tickled to serve it for you LOL ( boy would I get a kick out of that, be grinning like a Cheshire Cat handing that to the bottom feeder's ).................now CA might be different.. That's why I suggested you have you motion to hand out and file with the clerk objecting to their failure to proper comply in writing, that way if you get flustered at court your arguments are their, whether you articulate them fully or not, the pen is mightier than the mouth at times.....sometimes in spite of everything, a person can get flustered in court. But somehow I don't see YOU getting too flustered................mad as heck maybe............
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