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Anon Amos

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Everything posted by Anon Amos

  1. It's better to just make a terrible witness for them. Use it against them. You already have a lot of answers you don't know or can't remember, but you also have areas where you can cast doubts etc.
  2. If anything they are hoping you never see it or just ignore it. Or that it scares you into paying them to avoid court.
  3. I would think doing nothing will just increase your chances of them getting a default judgment against you. You know about the lawsuit, properly served or not, and you can respond to it if you choose. There are technicalities you can use and fight over the service, you may also take an additional 10 days to answer etc., personally I just wouldn't bother with that, but rather focus on the lawsuit.
  4. Hope you are doing well. You have a done a lot of good for people here.
  5. Congrats. That's not late though, they often dismiss at trial so you can stress on it the night before. You most certainly should. Good job. This is salting a wound for them.
  6. I would just consider yourself served and answer the complaint in about 30 days. In the mean time I would send them a demand for a bill of particulars (BOP) and learn how to fight the case. There are some BOP examples on here somewhere.
  7. It's an excellent sign. They usually do that before they dismiss, or they try the intimidation route (which may still come). In any event, good job.
  8. Of course you do That's not something he would have to convince the court of nor was it ever suggested as an argument. Foundation & Authentication. Plaintiff has burden of proof. I didn't realize the trial is Monday, I guess this is your Good Luck to OP post. So that part I will agree with and second. Good luck to you @Mongosmash I would try to read Texas Rocker threads and opinions as well as your rules of evidence particularly Hearsay, and the Business Records exception to Hearsay. Study about Foundation and Authentication. Also, if a lawyer tells you he will dismiss and you can leave, don't leave. Make sure you sit in until your case is called and you hear him dismiss it (or you see it has been dismissed on the court docket). Good Luck
  9. You have to control the dynamics of the case and learn and find in the rules what you can use against them to get it done. You keep constant pressure on them and try to force them to dismiss the case. These cases are about economics for them.
  10. Exactly. You have to try to keep as much of their "evidence" out of court and force them to authenticate it and lay a foundation for everything they want to admit into evidence. And you want to force them to give you what they are going to use against you (in discovery) or be barred against admitting it. You want them to have to bring a live witness, even if you have to subpoena one. If you don't already know your rights then you have to learn them and be willing to assert them. You have a right to due process. If you are going to believe that an affidavit is obviously evidence then you will lose. Affidavits are more for pre trial and summary judgment, and if you have objections to the hearsay contained in the affidavit, we have courts that are for the people and a need for trial. The affidavit is not testimony, it cannot speak and is not evidence, nor can you cross examine it. It should never be obvious that these bottom feeders own this debt or that it's even yours, or that the numbers are correct. Or that if you pay them it's over and done with because there could be other bottom feeders who bought the same debt and can sue you as well. In short; A dismissal, or an out right win if they go to trial.
  11. Either way, or they are actually done about the same time. You go to the court to file and you mail it to them as you head to the court. Or you go file and then you mail it, or even if you filed and then mailed it in the morning. As long as they are done about the same time and not several days apart.
  12. If that's true then I think there's a big difference amongst people as to the meaning of "winning".
  13. This is a phrase the debt collectors love to hear. It's a preponderance of ADMISSIBLE evidence. One word can make a big difference. Read your rules of evidence.
  14. I would consider yourself served. Read it closely. Read the ASTMedic thread you posted. You will most likely file a general denial and have about 30 days to do it. There's a lot of Cali threads here to research and learn how to beat this.
  15. Excellent. Not to mention dealing with the stress etc. and tons of collection calls, as well as the time that has since passed. It's perfectly normal and honest to not remember much about any of the accounts. They hardly recognizable anyway after a few late payments and the interest rate hikes. Yes, that too. It's a copy of your signature and you had many accounts.
  16. Agreed. "I don't know" is one of the most useful and powerful statements ever coined.
  17. A witness from the OC can only testify about the records of the OC or any place he or she works. You can also verbally object at trial to a witness being called if you have objections. You can't object to your self being called as a witness, so an OC case will be very hard even if they don't have their own witness. A lot of OC cases do get dismissed rather then going on and fighting it in trial (especially knowing they still have to collect). I don't know that I would file a trial brief in an OC case if it were mine unless, I had something strong for my case (or if the local rules insist on it)
  18. Then you would be in good company. It would be far from the first time this (or similar fraud) has happened. They really aren't the good people that some would have you believe.
  19. It gets tolled in the sense that if they file a lawsuit before it runs out, time stops on the SOL right there. You don't get saved by stretching the case out and waiting for the SOL to run out. But, once they dismiss the case, the time on the SOL is as if they never filed the case at all. So, in your case it gives them one month. I know you already knew this. It's just kind of a shame when you end up having to research something you already knew when there is so much research and learning that has to be done in the first place. At least in your case you are at the end of the lawsuit. With good results I might add, CONGRATULATIONS!!!
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