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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
  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 portfo
  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
  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
  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 compla
  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 pull
  7. For anyone not familiar with my case, you can read up on it here: 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
  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 Reco
  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
  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).
  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 St
  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
  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!