Anon Amos

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Everything posted by Anon Amos

  1. I don't think there's anyone here who truly believes these bottom feeders can be gifted an additional 8 months to file, or that it's difficult to get a judge to clear part of his docket by allowing a case to be dismissed, rather than forcing a party to litigate. The research here confirms your original position, they can dismiss & they will have month to file a new case if they choose.
  2. I don't know what "many" or "most" jurisdictions are doing just like you don't know California rules. I will go on a limb however and suggest that the OP is only concerned about the rules in her jurisdiction. If plaintiff dismisses the case then it has 1 month left on the SOL to file a new one. If the plaintiff wants to dismiss its case the court will allow it. The court will not force the plaintiff to sue someone when they are trying to dismiss.
  3. Plus, It will cost them even more when you get your cost back. Lose, lose for the bottom feeders.
  4. They do not get an additional 8 months to file a case against you. Regardless of how they dismiss the case, as far as the SOL is concerned, it will be as though they never filed a case in the first place. You could send the lawyer a meet and confer letter asking that it be amended to with prejudice. I would let it go if it were mine. Or you could wait the month and then file for your fees (since they breached the contract (their agreement in the letter). This is assuming they don't file a new suit in the 1 month or less that they would have to file in.
  5. Good job and congratulations. Nice to see yet another person beats Cap One. There's no shortage of post here about how aggressive cap one is etc. etc.
  6. They can withdrawal the ccp 98 if they want. I wouldn't bother fighting anything over the subpoena service. You would have a good argument that the witness shouldn't have been allowed to testify, or any evidence to be admitted for that matter, due to the fact that the ccp 96 response was late. I would think there is grounds for appeal since the ccp 96 response was late, but rather or not it's worth all the work and expense should be heavily weighed.
  7. I think it's worth mentioning this as well as anything else you have. Although hearsay, it could be considered admissible hearsay. It's inadmissible hearsay when being used to show the "truth of the matter asserted" but this is being used to show the matter asserted is not true. It is also being used for impeachment purposes only, which would make it easier to get introduced into evidence.
  8. Most of the cases I have seen here with cap one were dismissed before trial . I have only seen cap one go to trial 3 times and they were all for around 20k. All 3 cases were dismissed at trial because they never brought a witness. All the defendants just went to trial assuming it would be over for them if the witness showed up and really didn't have much left to lose anyway so they just chanced it.
  9. Not if you object. The witness name and address is supposed to be on the ccp 96, they aren't supposed to reserve the right to call "other qualified witness". It's supposed to be who they "intend" to call. Correct. It's going to come down to whether or not they fly a witness to trial, and if they think they can collect from you. If they have no witness then they have no case, and if they bring a witness then it will most likely be easy for them.
  10. Anyone who is willing to fight back (and learn) stands a very good chance of winning, especially if you haven't even been sued yet.
  11. Good job and congratulations. Most of the cases are pretty much the same. Defendants that fight back and learn will win most of the time, and the odds are usually in their favor. Before someone points out that defendants do lose, it should be obvious that it does happen at times; but people who don't take risk seldom reap rewards. Congrats again, and post your victory in the winners thread and get your cost back on both cases.
  12. That's great news, congratulations. It helps others if you post these results in the victory thread. If you do end up going to your trial date "just in case", and haven't seen it dismissed; bring the notice with you . Again, congratulations to you both, glad to hear it.
  13. If the lawyer says he will dismiss when the judge calls the case and that you can leave, don't leave. Make sure you see the case get dismissed.
  14. Your objection to it is that it is hearsay and you subpoenaed the witness . You can object to it in its entirety rather than line for line.
  15. I would just go file it ASAP. The plaintiff has to file for the default so you should have time. I don't know your rules, but clerks aren't very reliable. If you don't say anything and jut file it you will probably be better off.
  16. Check how many people and different areas where they swore under oath and or to punishment of perjury that this person would be here etc. You may be able to use this against them as well.
  17. In my opinion if you try arbitration in any capacity in California you will most likely end up in a court ordered arbitration or some other arbitration you will want nothing to do with and lose the case. If you are going to fight it without asking for arbitration then there are a lot of people here who can help, and a lot of threads from CA victories. If it were mine I would research BOP here and send a demand for BOP right away, and then answer the complaint closer to the deadline. This is only if you are not planning on arbitration.
  18. Right now you don't really worry about striking any evidence. You are in the discovery stage, so you are just trying to get all their "evidence", and see what all they are going to come up with. When the time comes you will force them to authenticate it (with a live witness) and then you will motion to strike whatever they produce. Keep learning as you go and while you wait for them to produce. Since the com[plaint is verified I suppose you could pressure them to verify the response, but I personally wouldn't bother at this time. I would send them a request for production of documents like the one in ASTMedics thread as the next step.
  19. The complaint wasn't verified so what they sent you doesn't require "verification" which simply would have been an affidavit which is also hearsay and inadmissible at trial anyway. The bigger picture here however is that it isn't "they" who you want to verify it or say that anything is admissible evidence, it's the judge. If you ask "them" to verify anything then they will. They will say "yes, we own the debt and it is for this amount". You want them to "prove" everything is what they say it is. You want them to prove it to the judge, and only after a live witness authenticates it in a court of law. It's unlikely they will go through all of that.
  20. That's hearsay or actually multiple layers of hearsay and inadmissible at trial when you learn how to properly object to it. You have to start learning the rules of evidence that pertain to this. There's absolutely no reason at this early stage to feel you may lose this case if you are willing to learn and fight it. A case management conference last about 5 minutes, you do not argue your case there. You say next to nothing and basically just let the court know what's happening with the case (like discovery is ongoing, you are going to fight it and go to trial, etc.) What you do now is keep pressure on them and learn how to beat them. Read ASTMedic's thread. Find the discovery request for production of documents he used. Add your case # etc to it and send it to them for Christmas. BTW, don't listen to any bleeding hearts or trolls. These are just bottom feeders who bought an alleged debt in hopes of profit. They don't deserve a penny and will have a very hard time winning this case if you fight it.
  21. Christmas is actually a busy time as the bottom feeders like to file lawsuits around holidays. You're doing good, keep at it but don't burn yourself out...
  22. PLD-C-O-010 Answer Form. It should be on this forum somewhere or will come up on google. You have no way of knowing if this bottom feeder even owns the alleged account at this time (let alone if it's correct) and no reason to believe you would owe them anything. The only logical conclusion would be to deny the allegations. They have the burden of proof so force them to prove their case or dismiss it.