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Found 14 results

  1. Hello, Beforehand I would like to thank everyone because this forum has helped me tremendously. I had 2 cases filed against me, I was able to obtain a dismissal on one as soon as I filed my MTC. Well the other did not go as smoothly today...... Filed MTC 01/20/18, AZ Justice court approved arbitration 02/06/18 and received order to initiate arbitration Filed for arbitration 02/22/18, arbitration said they were backed up and did not start working my case until 04/03/18 Arbitration did not start process or any mailings to any parties until 04/03/18 Today was my trial and I was pretty confident all I needed was my confirmation of the arbitration case being file 02/22/18 and copy of the letter sent to JH Portfolio on 04/03/18 requesting fees to be paid to initiate the arbitration case. Well pretty much the judge did not care I had confirmation of filed a case with AAA, he read the letter to JH portfolio letting them know the needed to send fees by 04/17/18. After reviewing confirmation and letter judge initiated the trial and entered judgement against me for the amount owed. I was not prepared for trial, I assumed my receipt and letter would be sufficient to stay further proceedings. I'm contemplating an appeal, what are my chances? It seems an appeal would go to Superior court, my main basis for the appeal is that arbitration was filed, started and was pending the receipt of fees from the other party, at this point AZ Justice court should have allowed more time for arbitration to proceed..... Thanks,
  2. needing help with my moms judgement .............i followed steps provided on one of the forums but unfortunately i didnt notice the forums was a few years old that i had studied and with the information i was provided i shared in court and portfolio had an answer and the judgement was against my mother based on my lack of providing evidence or information for the judge to move in her favor.................... with that being said are there any forums already posted that address someone filing an appeal or anything related that i could study that would help build a stronger case against portfolio ............................... thanks in advance
  3. Dear Forum Members (@SeaDragon, @CALawyer, @RyanEX, @AnonAmos, and others), Lost a trial vs AMEX, FSB here in California. Judgement filed in favor of Plaintiff on Nov 30th. - Affiant XXXXXX, who signed on Declaration in Lieu of Testimony (with exhibits/documents) was the Live Witness at the trial. - Affiant XXXXXX perjured in his Declaration by giving a false address. Was served by process server - but unavailable for personal service. - Judge allowed Declaration and perjured Affiant to take the witness stand. Judge allowed the exhibits and documents as evidence. - Judge mentioned verbally, there maybe some doubts about his testimony as Custodian of Records - towards the end of the trial. Was wondering, if I might have an Appeal case? Kind Regards.
  4. Let's get you all caught up. Midland Funding obtained a default judgement and garnishment. That was the first time I was even aware of the action. They filed in the wrong county. I motioned to vacate default judgment - improper venue, and won. Had my garnished wages returned. The case was then transferred to the right county. Midland filed a MSJ which was granted due to an inadequacy of my response. I filed a Motion to Reconsider which was granted...vacating the MSJ and setting trial. Midland filed a Motion to Vacate....which was granted on the day of trial - essentially reinstating the MSJ as originally entered. I filed a 2nd Motion to Reconsider which was denied. My basis for the motion was that Midland never proved they had standing to sue. Me thinks that that would mean the court never did have jurisdiction in the first place. Although NJ does offer post judgment motions, given the history here - i don't think that the judge would want to hear this case again. It's time for an appeal. As you can probably figure...the budget is tight. An appeal would cost $300 just to file the Notice of Appeal and then there's the transcript costs as well. In all probability I may have to file for bankruptcy - not solely based on this, but on the totality of my financial situation. Should I just go ahead and file for bankruptcy or give it just one last shot at the appeal. I don't yet know the implications of both a judgment and a bankruptcy on my credit...but as I said, I may have to do a bankruptcy regardless. Is there any benefits of attempting to avoid the judgment as well or should I save my money for the bankruptcy filing? Your thoughts are appreciated.
  5. Here we go. Today I had my Notice of Appeal served on plaintiff and filed with the court. I thought I would start this thread to help other california appellants (as well as gather advice for myself). My thread Motion to Compel Granted details further into the case and the trial itself, but here's a little background: I was sued by midland funding llc in california about a year and a half ago. The cause of action was account stated, for a chase credit card allegedly defaulted on and sold a year or so before lawsuit. I filed/had friend serve a general denial, along with a POS, as the complaint was not verified, and was a limited civil complaint. I entered one affirmative defense, offering that plaintiff lacked legal capacity (standing) to sue. I beat midland to the discovery punch and filed a Request for Production of Documents. They fumbled the response, and missed the deadline. I sent a few meet and confer letters before filing a motion to compel further documents. I won the motion, plaintiff stumbled to comply. I sent more meet and confers, then another motion for compliance and terminating sanctions. Judge granted order to produce forward flow, but denied terminating sanctions. Different lawyer (not rent a lawyer) began handling case for plaintiff. Plaintiff failed to produce forward flow. Come trial month, I sent a CCP96 request. Plaintiff responded, listing a witness "PErson most KNowledgable". I filed MIL and declaration in support based on non-compliance with ccp96 (witnesses must be listed by name and address). Plaintiff sent a second CCP96 statement (not permittedby code) listing witness by name and address. I filed a Motion in Limine and Trial Brief objecting to the entrance of the witness under ccp97. At trial, judge denied my MIL. Plaintiff showed up with witness. Plaintiff called witness, I objected citing CCP 96/97. Overruled. Witness testfied that she had personal knowledge of my alleged account, even citing the balance to the penny off the top of her head. I cross examined witness thoroughly, demonstrating that she had no personal knowledge of chase business records,and hence could not authenticate records coming from chase under the business records exemption to hearsay. Judge overruled my motion to strike witness, allowed witness to authenticate bill of sale, ect. I objected to each peice of evidence as it was introduced, leading down my list of objections, code and case law. Each objection overruled. Plaintiff put me on stand, got chase statements admitted based on 3 address matches that I lived at/statements were sent to. Plaintiff moved for judgement, and won. Before proceeding with the appeal information, I thought I would mention what I would do differently if I could: 1) send Request for Admissions. If plaintiff had failed to meet deadline on this along with/instead of RFP, I could have perhaps won that way. 2) Perhaps not file second motion for compliance. Asking for sanctions and attempting to hammer plaintiff seemed to have alerted them, and they switched a more competent lawyer onto the case. I bad mouthed plaintiff a bit in the motion, basically calling them incompetent buffoons. 3) Maybe not file any motions at all. I think if i would have let them slide and disappeared until trial, I could have ambushed them. They probably would have just went the same old CCP98 route, which seems a lot easier to beat given Target v Rocha. 4) OR maybe pursue motions further. Asked judge to push trial back, tried to really push the issue on the forward flow. 5) GET A COURT REPORTER. This would have possibly shown judge that I meant business, maybe swaying judge to rule more fairly and to the letter of the law. Also, it would have aided in preserving a better record on appeal. Now on to the appeal...
  6. Well had court today. Judge denied Motion to Compel Arbitration even though Card Agreement was from account in Question, didn't give a reason guess he wanted jurisdiction, wouldn't even look at My JAMS case paperwork ( JAMS accepted and gave me a Number and served me and plaintiff). Talked with another attorney that hung around to talk with me, his business was done but he hung around till I was through...he wrote most of OK's Uniform Arbitration Act, he wanted to tell me not answering DV is a FDCPA violation...Betwee that and the overshadowing..least sophisticated consumer thing they pulled with their inital complaint (sent a payment form along with summons...as if it might have come from the court). Problem is getting an attorney to take it up....local ones don't seem interested. Then we went into MSJ motion, attorney waived card statements around and judge gave him judgment. Judge didn't even try reading my Response ( flipped a page or two then quit looking at it), brought up affidavit deficiencies, bill of sale issues, fact that I DV'd them last year and disavowed entire account and got no response, nice guy he cut their attorney's fees in half ( then apologized to attorney big deal ). sarc I'd have sworn the plaintiffs attorney had been under the judges desk on his knees earlier.......... Didn't appear he was interested in my Legal arguments and looked like a little obedient lap dog to plaintiffs attorney..........although plaintiffs attorney was very nervous and seemed relieved to have gotten his judgment, he was worried he knew he had no real case or argument. I do know one thing.....if there is another I case will go for a motion for change of venue LOL. Can't stand a judge slobbering all over the paperwork! Had in back of my mind that this County Bumpkin judge would pull just this......didn't think he'd do it without stating any justification. That's why I detailed all my points of law and Objected to his statements in the MSJ and moved to strike them in my Response, to preserve on appeal...............brought up the deficiencies of affidavit, bill of sale, affiants lack of qualifications (affidavit document specialist...not even a records keeper)......He didn't even respond to that, just got glassy eyed look.....a Plaintiffs Lap Dog..... So filling out paperwork for "Petition in Error" for a de novo review and gathering up info, already got court clerk working to certify all filings and mail them to me for submission to Appeal Court with the Petition in Error. Called JAMS and going to get them hold case open for awhile....if I can get a reversal I'm sure going to drag them right back in and cost them 5 times what they would get............even though I am collection proof and they won't get anything anyway LOL. Anything else come to mind that I can do to make Plaintiffs Attorney miserable with? If I get my paupers affidavit ok'd (money, money, money) with Appeal Court I'll be looking at a Writ for Centaru if need be. At least on the Appeal there will be 3 judges taking a fresh look....and they only have the written record so maybe they will actually read it and apply law. I'll try and get all the documents redacted an posted in a day or two...some up now. Check sig line for other post. type..type....type.......type........................
  7. For anyone not familiar with my case, you can read up on it here: http://www.creditinfocenter.com/community/topic/321144-sued-by-jdb-cavalry-in-arizona-lost-on-plaintiffs-msj/ The short version is Plaintiff filed an MSJ in August of 2013. The court denied that one. I filed a MSJ in February 2014. In response, Plaintiff filed a cross-MSJ with the same arguments from their original MSJ (that was denied) but the cross-MSJ was a much more brief version thank the original MSJ. The court granted their cross-MSJ. So that is where I am. I do not have a final order of judgment yet, but I will be filing the required notice of appeal once I get the final order of judgment. I don't know what the justice court appeal fees are yet, but I don't think I can afford them. There was no trial, and therefore no audio recording to prepare, so maybe the cost from justice court will be lower. It looks like the fee once the case gets to superior court is going to be $300. UGH! No way can I come up with that. There is also a "cost bond" to cover Plaintiff's legal costs. I have no idea how that is calculated, but I'm sure I can't afford that either. The good news is I can request a waiver or deferral of all of the fees. Just when I was getting my hopes up that Plaintiff would be dismissing, it looks like we're just getting started. This is unreal..... Edit: I used info from a variety of sources when I appealed. The following proved to be the most informative and helpful. The first one is a walk-thru that explains timelines and what all needs to be filed and where. The second one is a packet that has forms and fills in some info gaps from the walk-thru. The third one is the general "right to appeal" form the court gives you when you lose. It's sort of a shortened version of what's required to get the ball rolling. I don't know how often these are updated, but the fee info is not right on at least one of these so plan the fees being 10-15% more than what's stated in these documents. https://www.azcourts.gov/Portals/34/Guides/Superiorcourtljccivilappealsudated.pdf http://justicecourts.maricopa.gov/HowTo/CV_Appeal_packet.pdf http://justicecourts.maricopa.gov/CaseTypes/CVForDetAppealInfo.pdf Notice: I appealed a Justice Court case to the Superior Court. If your case started in Superior Court (debt >$10,000) there is a different process for appealing. You can find the info here: http://www.azcourts.gov/Portals/34/Guides/ProSeGuideCOMPLETE(Amended12-12).pdf
  8. Hi All, Lost my case today :'> . If you are in Chatsworth with Judge Brenner, he is 200% a Creditors Judge. After the verdict, I asked him if you don't take any evidence or lack thereof into consideration how does a Defendant ever pervail in your court, he said only by proving they are not the correct person being sued or if the Defendant paid for a defective item and the store refused to reimburse. He then added if you make charges and make payments then I believe it to be your bill. . Essentially he takes no 2015.5, CCP98, elements required for an account stated, Custodian of Records lack of personal knowledge, standing etc.... into account. So I WANT APPEAL. is this something I can do Pro Per or do I need an attorney? How does the process work?
  9. Ok, I am nearing my deadline for filing my appelant's brief to which I have to attach a transcript relevant portion of judge's position from the hearing. Here is the transcript. Note the judge's position and his wilingness to argue on the behalf of the plaintiff. JUDGE: Cavalry SPV I LLC vs ME JUDGE: Now, this is a lawsuit against Ms. ME, case #XXXXXXX, the origin of the complaints was that there was monies due on her account for a credit card. And there was an alleged balance due XXXX, plus costs and fees associated thereto… you answered the complaint… and you made a general denial… okay… and then what happened… first request for production of documents…that is one not done before this court… what was before this court was a motion for summary judgment…now…rescheduled as of 5/20… as of right now I do not see any reply to the summary judgment… You had ample here time to reply but you never submitted any documentation to the court in the regards to this. Is there a reason? ME: Actually, I filed my opposition to summary judgment, Your Honor JUDGE: you did? When was that? ME: I submitted the court paper yesterday. JDB's ATTORNEY (the only time he spoke during the whole proceeding, by the way): Here it is, your Honor(it appeared that paper didn't go through to the judge and judge had to review my opposition for a few minutes) JUDGE: Ms. ME, in review of your response to the summary judgment motion… you are… first of all… objecting to the assignment of debt, bill of sale, the assignments of the loan… whatever it may be… but in particular there are a couple of statements contained in the affidavit submitted in support of the plaintiff’s position and one such that there was an account which was opened by you or FIA NA Card Services Alaska Airlines in MM/YYYY, which account became delinquent and charged off on MM/DD/YYYY… now in support thereof of this credit card debt, other than you saying that these records, perhaps, were not kept in the ordinary course of business, we have a number of documents reflecting the Alaska Airlines Visa Card showing a balance of 10,XXX, payments made, credit card agreements, etc. although unsigned, perhaps, but there is never within these documents a denial of the debt ME: I deny that owe to the plaintiff JUDGE: You deny you owe the plaintiff because of the progression are coming from the credit card to another company to another company to the purchase by Cavalry SPV ME: Correct… JUDGE: That is what you are objecting to? ME: I object that I owe to the Plaintiff, yes, your Honor JUDGE: Okay, I… really… that is no merit to me and I can go ahead and look at some documents that track it to them, that they purchased it… my name could be on this as plaintiff… I could have purchased this debt from the credit card company… and if I had purchased the debt from the credit card company, the only thing you can object to is the underlying debt… if I paid them even 5 cents on the dollar to buy this 10,000 dollar debt and I have got a bill of sale, that is all it takes… What I want you to do is if in fact you are going to deny the debt, deny the debt… NOT the procedure used to get to this point or plaintiff who owns this debt. That is what I haven’t seen here!...
  10. I'm curious if anyone has had their cases from CACH appealed after winning? I'm wondering if this is a new tactic they are using. As some of you know, I have gotten a couple of cases from CACH in Florida dismissed for failure to follow condition precedent on providing 30 days notice of assignment before filing suit. This is an unsettled area of law in Florida, with some jurisdictions ruling that it is a condition precedent and others ruling it is not. I just received a notice of appeal on one of these cases. CACH is appealing it to the Circuit Court (the next level after County Court). It was previously dismissed with prejudice. My guess is that CACH is hoping that the defendant won't be able to hire an appellate attorney to defend it. They aren't as many appellate attorneys and they generally charge more. Why they picked this case, I have no idea yet. It's not for a large sum of money. I plan to do what I can to help defend the appeal, as I doubt the defendant can find an affordable attorney to fight it and I would hate to see CACH get an easy default win via appeal after fighting to get the dismissal in the first place. So it's either a new tactic they may start to use when they lose a case, or they are actually trying to get a higher court opinion to weight in and settle this particular area of law. Either way, it should be interesting.
  11. How I lost against Midland Funding in Georgia and then "won" ! Summary: Midland Funding (attorney: Hanna and Associates) sued for a credit card debt in State Court. Judge ruled in in favor of Midland Funding. We appealed to the GA Court of Appeals. Midland offered a settlement agreement and to vacate the original judgement in return for dropping the appeal. The appeal was dropped and the judgement was vacated. Attached are documents that we hope will be useful to the forum readers, especially from Georgia. 1. Transcript of the bench trial in State Court. If you have a trial in State Court, definitely let the court clerk know you want to have the trial transcribed. The opposing attorney might offer to pay half the cost when you get to court. You have to write a check to the court recorder when you get to the court room (our half was $20). We were so disappointed after losing the trial. But after that, we were determined to find all the mistakes that were made and use them for an appeal. We got blind-sided by the "new" 2013 rules of evidence in Georgia but did not let that stop us. It was obvious that something was just not "right" about the trial. The manipulation and twisting of the law by the Hanna attorney was blatant. He even gave his own testimony during trial which was not supported by evidence. Lawyers are not supposed to do that. And the kicker was the judge basically told us to appeal because he did not know if his ruling was correct or not. 2. The Appellant Brief for the GA Court of Appeals. In doing the research about appeals, there was a serious lack of good examples of Georgia Appellant briefs available on the internet. So we hope this will help people. ALWAYS READ the most up to date rules and procedures of the court if you file an appeal. The Court of Appeals has a good website and instructions. We cannot claim that our brief would have won the case, but it obviously contains something that forced the opposition to offer a settlement. These forums deserve some credit for how well it turned out. Maybe some folks can get useful ideas for your JDB cases from our appeal arguments. It is in Word format that we believe meets the requirements of the Court (at least in 2013) so anyone can take it and use it as their template if the format requirements have not changed. Again, always check the Court website. Bottom line: This whole ordeal was hard work and took up a huge amount of hours and caused a lot of stress. If we had to do it over again, the best solution would be to hire an attorney from the start to handle the whole thing. We also figured out it is better to handle a case like this when it is in Magistrate Court and NOT agree to let it be dismissed without prejudice, because the lawyers will just re-file it in State Court later. We won't make that mistake again! We have a lot of respect for Jill Sheridan who posted lots of unredacted court documents from her case on Scribd and was a great inspiration and example for us to figure out the details of what to do in the beginning. Thanks to ALL in the forums who contributed information and ideas for the appeal. Note that this case was in State Court, so our only option was the GA Court of Appeals. If you lose in a Magistrate Court in GA (which is where most JDB cases happen), you can just appeal to State Court or Superior Court and get a brand new de novo trial. We have also attached a Counterclaims document that was useful when we were sued by other JDBs in Magistrate Court. They dropped the cases like a hot potato. Remember, when you file an answer to JDB claims, you can also file counterclaims at the same time. Even if only slightly, it gives you more leverage. As always, we are not an attorney and this is not legal advise, it is just one personal experience so take it for what it's worth and do your own research or hire an attorney. Georgia State Court Bench Trial Transcript.pdf Appellant brief Georgia FOR FORUM .doc defendants counterclaims Georgia FOR FORUM .doc
  12. Hi all, first post, but been reading forever. Need advice. I have a solid appeal on the finding of Summary Judgment on my mortgage. (New Mexico) 3 recent NM Supreme Court cases, have recently come out, and mirror my main argument, that the court erred because there was no evidence of standing at the time of the complaint. (The note provided as evidence wasn't indorsed) However, now that I've appealed, the Plaintiff, DB has just filed a Notice of Sale. I have already filed the Notice of Appeal, and Docketing Statement, and waiting for the case to be calendared. Need advice, and/or suggestions. Thanks!
  13. I just called the courthouse, and the "closed administratively" entry from yesterday was a granting of the MSJ. Now, I will need to appeal. Too upset at the moment to do anything but be upset, so will look up costs of appeal, and get funds out of joint account. EDIT: Jeesum. Just to file the appeal is $550. WTF.
  14. Any information is highly appreciated. I will be representing myself because there is no lawyer available to take my case. If anybody experienced the appeals process, please chime in and help me get a step-by-step process that i will follow. Thank you guys! @HomelssInCalifornia, @calawyer and @Seadragon have been very generous of their time, resources and expertise in helping me. I appreciate you guys!