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Everything posted by Flyerfan

  1. I applaud your efforts like you have no idea. What you are doing is not only a good thing for you but a good thing for everyone who sees that judge after you. So proud of you and, although I am here so sporadically anymore due to my job, I will gladly help in any way I can. I salute you!!
  2. Were you able to get your appeal filed? If so, post the new thread on this thread so we can follow. Of all the lost cases I've read here, this seems to be the most appealable (word?) case I have ever seen. Go get 'em!
  3. They usually use an affidavit to link the bill of sale to your account. Did they give you an affidavit that mentions your name and account number? They can be challenged and beaten but you have to supply all info.
  4. So sorry to hear. Take pride in the fact that you fought. I'm proud of you.
  5. Wishin luck to OLSkER! I agree with RyanEX. I get nervous when there is a delay as well.
  6. You will be warned about anything before you would be banned unless, as willingtocope stated, you post spam. If all you need is help, there is plenty of it here. Ask politely. You'll be fine.
  7. Yes. You answered discovery in August of '13, 11 months later, correct? My assumption is that the discovery had a case number. If so, that is given by the court, after they file, after you are served. What they filed in December '13 was the MSJ, correct? Check the discovery they sent you and see if it has a case number.
  8. Commencement is you being served. You were served and then they filed. They fulfilled their obligation to file within one year. That being said, I agree that is they abandoned the case and ignored it for a year you may be able to get it dismissed. I just disagree that this rule is the one you want to use. I did a quick search through your rules and did not see it but I'm sure there is something in there. I forget how it is typically worded. They filed for an MSJ in December. Did their discovery request in August have a case number? If so, (and it should) they must have filed before then.
  9. Not sure but I think they did. They filed within a year of commencement, correct? Your words: "they filed with the court on December 9th, 2013" Now the fact that they have done nothing with the case in a year could be a reason to have the case dismissed, but I don't think that rule is referring to that. I could be wrong, just how I read it.
  10. What is the value of the car? So low that you left it there?
  11. So proud of you, hot in az! I am really impressed.
  12. Sorry. I just responded. My schedule is ridiculous these days. Just a point for everyone. Affidavits that reference "the records" need to be attacked. No matter what is attached to it (although usually nothing is), how do you know that they are records? How do you know the person who wrote the affidavit attached them? Once they are generic and vague enough in saying "the records" the attorney could staple anything (literally ANYTHING) to that affidavit and if you don't attack it, it becomes a record. Very important. Now if nothing is attached to an affidavit, what the hell is "the records"
  13. Did you get anything else? Usually there is an affidavit that goes along with these BOS's that states that your account is part of the transaction. You need to respond with an affidavit of your own, contradicting that affidavit and stating your defense (you paid the card off, the balance is incorrect, etc.).
  14. He did not have an attorney. Also, at the time he filed the lawsuit he would have (most likely) not known that I was not employed there at the time. I did send an affidavit in prior to the court date stating as such to get it on the record, though. When the order of dismissal came in the mail, it did not say with or without prejudice. It states, "At trial, the plaintiff dismissed". I assume since it says "at trial" that he cannot file again, correct? I doubt he will but ... you know. Anyone received a dismissal like this? Good to be back, Anon. Unfortunately it has gotten really t
  15. I cited a case in the MSJ against me. I had already cited the case in my opposition (which I recommend) so the judge had the full citation in front of him. Making the brief statement , "In A vs. B, the court ruled that ______." is easier when the judge has everything in front of them. JMO
  16. Hi all! I've been away for a while dealing with, well, life. I went to court two days ago for this personal guarantee case. I saw the owner of the company in the lobby before we went in and discussed the situation with him. He was empathetic but was determined to get something. He was owed $2000 and wanted at least half. I told him that I did not want to pay even half of a debt I didn't owe. I did not get the materials or make a profit on it, the other two did. He said he understood but he would have to let the judge decide. I don't totally blame him. Morally he new I didn't owe the money