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Found 8 results

  1. Or, should the title be: DISMISSED WITHOUT PREJUDICE (and how much of a win is this?) Ok, I realize there may be some pitfalls in that PRA could re-open my case. But, do they/would they do that? I ain't gloating. The lead up was stressful, I was flailing and there were some things I could've done better. See my original post. A recap of the past two weeks: My last hearing was to set a trial date of Feb 8. The judge handed us both an Advance Trial Review Order. ( Look it up for California to see samples of it.) I was confused by the document. It basically was an inventory of case evidence and witnesses. The contract attorney for the plaintiff filed it with nothing listed. (Suspicious: No evidence? No Witnesses?) I did the same. I was late to send out my Discovery/ Demand for Documents to the Plaintiff. This was a mistake. The deadline is tricky. I understood it to be 30 days before trial. But it closes 30 days before trial. I feel I still don't completely understand the deadline, but I now at least know to get it done early, at latest 65 days before trial. That being said- it would have been understandable and permissive for the Plaintiff to just ignore my discovery requests. However, they ended up replying the day before the trial with a point by point refusal of each of my discovery demands per my violation for CCP 2024.020(a) So, why even bother sending me that? Did they have to? Or, were they trying to psyche me out? Anyway... TRIAL DAY! I wake up early, keep a positive attitude, go the gym, "Mama Said Knock You Out" on repeat! Get to the court house early. Breathing deep. Courtroom doors open at 9:00 am sharp. Friday trial call. Everybody signing in. All kinds of people and civil matters stacking the day's schedule. Contract lawyer for the Plaintiff strides in, calls me out while he signs in and announces "I'm going to dismiss your case" . We wait for the judge to call us into the octagon to make it official. And that's it! 5 minutes. So, what happened here? Am I lucky? Did I simply answer and show up? Did I use the Magic Words? Well, like I said- no gloating here. I got TWO MORE of these things on deck.
  2. Finally got posted on court site, Dismissed without prejudice of course but as my friend said, hey a win is a win...no idea why they dragged it out sooooo long... Case History Mandarich Chicago filed last july 2019, for LVNV, I answered after being served and buying and quickly reading "Stick it to Sue Happy Debt Collectors", made notes and went to the legal library and did the line by line response ( I had to pay for the FULL lawsuit as it was served without required paperwork)...and fortunately this was BEFORE Covid because I filed answer got stamped copy etc (which was NEVER posted on the court website) and then about 10 days after filing my answer (to Chicago office) as I was trying to figure out best discovery questions from book since california only allows 35 non-compound questions, their discovery (from California office) arrived...so I answered theirs (to California office)and sent mine and got their back at end of October 2019...(California office)...then nothing really happened till July 2020 order to show cause hearing...It was pretty unclear to me if I should go or not but I am so glad I did...I came forward and that led to my first post here...Judge did not see filed answer and I told her I had the stamped copy here and she said " take it up with the clerks...it is like you are not even here...this doesnt concern you""" WTF???? I AM THE ONE BEING SUED...HOW DOES THIS NOT CONCERN ME????Anyways, called clerks (if not for covid would have gone down there directly!!!!) (side note thank God the other suit filed in feb had my answer posted on court site since they never sent me a stamped copy of my answer)...anyways, I got a request for judgement (from Chicago office) dated the Fri before order to show cause hearing...I had filed case management statement that week and thought that was what I was getting...nope..but their judgement was denied due to my answer on file from Aug 2019....Then they set a case management conference for 9-14-20 and I kept waiting for their statement which was not filed till 9-1 which is LATE and I when I went to the conference I told the judge it was filed late and no one had talked to me from their side or even tried...to which the judge told the local snake...erm....lawyer to tell them to pick up the phone next time...so I talked to her briefly after to give her the papers showing I am basically judgement proof which she said she could not accept....and that was that...our court date was set at end of next year...then suddenly Monday I received the Request for Dismissal which I called court about Monday which she did not see it and I posted here about it...and then last night checked court site and it said DISMISSED WITHOUT PREJUDICE PRIOR TO TRIAL... so really not sure a) why they went all the way to setting trial date before dismissing and b) why they waited nearly a month after case management to dismiss...not sure if it was because of lack of communication between Chicago and California offices (dismissal and judgement requests came from Chicago but discovery back and forth came from California office) I know everyone says it is a win at least but actually was totally more confident in winning this case than the TD Bank one (we have done no discovery either side on that one)...but I will be posting some of my commentary I had ready to put in a Motion in Limine and some stuff about LVNV I found all this stuff that I felt would be super helpful for winning...that way, anyone else who wants to fight and protect themselves against judgements etc can use in their cases...it is frankly shocking and very upsetting to me how many people are not even trying to make an answer in my own town which means so many people could be attempting to at least have a shot at preserving their money etc...I feel like trying to locate them and pass on what I learned but of course do not want to get jn trouble for practicing law without a license....although CLEARLY I learned more about the law than these lawyers even know or care about...even the judge had no idea what I was talking about ccp 1013 where it says 3 times that proof of service should be accompanied by an UNSIGNED copy of proof of service...otherwise you are committing perjury...I made copies of that for the judge...it was SUPER annoying that I was going out of my way to follow ALL the laws and yet here I am, regular person who is constantly getting these proof of services signed...by people who should know better...My mailer never signed the proof of service to the attorneys but I submitted her proof of services signed to clerks and I kept a signed copy....but anyways...I am truly thinking of writing my own book for California people...so anyways, will be keeping everyone updated on the other case... thanks for all the assistance I personally got and all the anonymous people's posts I combed thru...this victory is ALL of ours....
  3. I was served a summons in South Carolina and entered a reply that there was not sufficient information in the summons that they or I owned the debt . --the court date was set. I received a rather large package in the mail from Wylie Clarkson's (attorney for Midland) office one day before the court date stating that they were willing to settle the dept for a "one time pay (about half of what they said I owed) or that I could make $50 a month payments which would be secured by a confession of judgement. the confession of judgement allows us to dismiss the pending case" They furthermore stated that they would leave the offer "open for 15 days of the date of the letter" Attached to this letter were Bill's of Sales; Affidavit of bills of sale and copies of some old credit card statements. The affidavits did not show any account numbers and only verified that Midland had purchased a computer file--but appeared to not have listed the account number in the bill of sale, etc.. I did not respond to the offer and when I showed up at the magistrates office for the hearing, the clerk came out and told me that she had spoken to midland and that the case was dismissed. Should I be looking for this to come back around again?
  4. In 2013 I was sued by Cavalry from an HSBC card I had no idea about from 2008. Only reason I even found out was I got junk mail from an attorney saying we noticed you where being sued here is our info if you need help. I was crazy confused. The week before DH left for a year long deployment the day he left, that night my father died. Basket case I was and had never had any legal issues before. I did hire an attorney and the case was dismissed with prejudice also stating a release on all liability for account. OK well I was ok with this but not understanding it completely however I had other issues to deal with. Two of the CRA had been reporting this HSBC account as in collections with a trade line (just found out what that meant) also stating as derogatory charge off. I contacted Cavalry who gave me a date of April 2013 when it reported to them the status and deleteion of account. However just this past month when I disputed with the one CRA the tradeline was gone. However I have proof that HSBC reported on it for three years. My question is what in the world is the point of this judgment if it still reports and charge off collections and negative? Seems like I would have rather taken my chances proving my case to get it off my report but silly me assumed that the whole point of that was to clear it up. So basicaly all for nothing but the chance of not being sued again and that was not exactly my concern well yes it was but more so having it not negative on my CRA . Thoughts?
  5. I'm BAAACCKK! Just a little background - Using this forum, I went to FL court Pro Se to fight collection on cc not in my name. The CA could not provide anything that tied me to the account and entered voluntary dismissal in March 2013 before I could file for dismissal with prejudice. I objected to the judge, saying they would just sell the account to another CA and file again. The judge told me it was unlikely since they have to pay to file. Whatever!!!!!!!!! August, 2013 I received a collection letter from a new CA. I sent a letter of dispute. They wrote me after receiving my certified mail dispute letter 9/5/13 to tell me they were discontinuing collection efforts and returning the account to the JDB. On 4/29/14 I received a collection letter from a third CA on behalf of Crown Asset Management. I am sending this new player and the JDB the same letter disputing the debt again and informing them I will report violations. Hopefully, they will just drop it. The SOL on it should be up this July, but it is muddy since they are claiming a payment was made long after the cc was delinquent. Since it is not my account the SOL should have been up before this started for me. The dismissal was considered adjudicated with merit which means if they sue me again it is their last chance (don't know if that applies if they actually sell it to another JDB.) But they evidently can just keep passing it off to other collection agencies to pursue (unless there have been any new developments on that front). I would like to clarify though - Do the FDCPA rules apply to the JDB, only the CA, or both??? I am thinking at this point I will just send the letter again and see what happens. I hate to call an attorney and make it more complicated than I should and I am not as panicked as I was the first time through but I am sick of dealing with it. Any thoughts?
  6. Using this forum, I went to FL court Pro Se to fight collection on cc not in my name. The CA could not provide anything that tied me to the account and entered voluntary dismissal in March 2013 before I could file for dismissal with prejudice. I objected to the judge saying they would just sell the account to another CA and file again. The judge told me it was unlikely since they have to pay to file. Whatever!!!!!!!!! I just got a collection letter from a new Fl CA representing the same JDB - Crown Asset Management, LLC out of GA. (This is about the 5th CA with the account now.) How should I respond to the letter? I have until Sept. 7 to dispute. Do I really have to go through everything AGAIN?? They called me before sending the letter and I told them I had been to court and it had been dismissed and to leave me alone. They had nothing to indicated that in the file (of course!) There is an attorney who advertises taking these cases on a contingency basis - maybe I should just try her. Could I write a letter to the original judge to point out what happens. Maybe I could sue the JDB - the energy and stress it took me the first time was too much. I am no spring chicken, Any help you can provide will be much appreciate.
  7. Well I was being sued by asset acceptance last year until this June of this year. I had sent all the papers in that I was supposed to. The court case was June 4 2013, so I was waiting for the date and then I check the court case. And the case was dismissed. I had this happen before and it went away. I even ask the clerk at the court for the previous court case .and she said it was done and over. OK so here is the dilemma. We just got in the mail from asset acceptance a paper a with a settlement offer for the same account for the one that was dismissed in June. I told my husband it probably is a way of trying to pull the wool over our eye so we will fall for it. What do you think? Can they sue again for the same account? Thanks Tococattle2 for the advice in advance
  8. Great news, I was sued by Erica Brachfeld and finally got the case dismissed once they got a look at my MIL!! Thanks Homeless--your Dec in Sup and the MIL were all I needed to send them running Only lasting question is that the case was dismissed WITHOUT prejudice. Is there anything I can do to make it dismissed WITH prejudice? Best of luck to all of you still fighting. Use Target v Rocha and you'll have more than a fighting chance. Cheers!!
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