joseywales

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joseywales last won the day on August 28 2013

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About joseywales

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  1. I do not think it was either as it wasn't dismissed. It went to trial and the judge heard the case and made a ruling...In favor of defendant (me). I could be wrong but I thought with or without prejudice was only if the Plaintiff dismisses the case. Like I said, we went all the way and I won a judgement.
  2. So what would one do to get it removed based on winning a judegemnt from the merits of the case (instead of w or w/o prejudice)?
  3. I will give a lawyer a call before I proceed. Thank you both for answering. JW
  4. Yes it does say that...typed it word for word from the letter (except "I" should be "you"). Can I record calls? And how do you propose I string them along? I have been told (on this forum) to never call the JDB - can they reopen the case if I call or use it against me somehow? What would you do as a next step? TY, JW
  5. I won my case back in August of 2013 as final decision based on the merits at trial against CACH/Mandarich...Judegement in favor of Defendant! I just received a letter yesterday from Mandarich stating they have been authorized by the OC to accept a settlement of 80% of the total amount. According to the terms of the agreement I made with their office,payments shall be made as follows: then they give a payment schedule. They refernece the same account #, same OC, slightly higher balance than during the lawsuit (added interest?) and same OC account # from the lawsuit I WON!!! Roesnthal/FDCPA violations? Does anyone have any suggestions on how to proceed? TY, JW
  6. Is your double jeopardy case against Mandarich/CACH over Homeless? Did you get any FDCPA/Reosenthal money? I won back in Aug 2013 and they just sent me a letter asking for payment on the same account I won…same as you. JW
  7. Thanks Ryan... and thank you for being there with your support and comments. Trial hadn't started yet, we were called first and they dismissed. I emailed the JDB attorny 5 days before court (trial brief, MIL, declaration etc...) and she replied back last Friday that they would most likely not pay to send a witness and therefore would most likely dismiss. Since trial was today (April Fools) I studied hard and was expecting them to pull a fast one. A substitute lawyer stepped in and dismissed on their behalf. JW
  8. Had my day in court today and I was kinda surprised. All docs (MIL, Trial brief etc...) are to be submitted when checking in but they decided to Dismiss w/o predjudice. I wasn't sure what to do from here as the judge gave the impression I had better thake this offer and run. He even told me: "Do you have any objectins to this, I think it is a wise move as nothing bad is going to happen now". No obections your honor. "Smart move". I have heard stories of ''bad'' judges from my county and I feared he was one that didn't care what evidence you presented. He just gave me a very bad vibe. from his comments, I felt he would've gone against me had I pursed trial. Question(s): What were my options when they called us up and the Plaintiff said dismissed w/o prejudice? Could I say no thanks I want with prejudice only? What happens next...trial? Also, with the W/O Prejudice, can PRA sue me again in a few months or do they have to sell the account. What should I be ready for? I think SOL is 4 years in CA and it appears that 9/2014 is deadline or do they use the state the OC is domiciled. Just want thoughts on the Disimal w/o prejudice. Thank you all for your comments and support. JW
  9. Thanks Anon, The address they provided is 178 miles.
  10. I called the attorney regarding the Subpoena and she gave me another address that is greater than the 150 mile requirement. She also gave me the fax and email to send any docs. Should I email, fax or send overnight. The email attachements would not have the exhibits attached but I told her I would provide those the day of court, the mail would have those exhibits attached. Thoughts?
  11. They are in San Diego but they want everything mailed to VA. The VA address is the only one they give.
  12. The Trial Brief, MIL ...to the JDB's attorney. That is where PRA is headquartered and where all coorespondence are to be mailed.
  13. Trial is 4/1. i would need to overnight it today to get to Virgina.
  14. I just called the clerk and she said all (trial brief, MIL etc..) gets filed at check in the day OF the trial. Doesnt give the judge much time to read it. Does this mean I dont have to give it to them until then as well? Do you think it is wise to notify them about the subpoena not be able to be served ( or my entire strategy for that matter) by sending it prior to court?
  15. Thanks Anon. The BOS does have the OC and JDB signatures but the Affidavit to BOS was signed/witness in Florida almost three years after the BOS date. BOS sined in 2010 and Affidavit signed in FL late in 2013 with my name,address and account #. Seems odd that they would put just one persons name on an Affidavit to BOS...and notarize it in FL (not CA) three years after BOS date. Also, do I need to mail the JDB my Trail Breif, MIL and dec in support of MIL or can I just send them the Trial Brief. And can this be given to them the date of trial or is there a sepcific notice for these? Thanks again, JW