calawyer 1,849 Posted November 27, 2015 Report Share Posted November 27, 2015 Thank you all so much! I am a lurker. I got hit with a suit from Midland through Hunt and Henriques. I followed the playbook set forth by Seadragon and ASTMedic. They sent a Summons/Complaint. I sent a BOP followed by a general denial. They sent their discovery. And I answered them (thanks to others who gave their input). I sent my discovery. 30 days pass... no answer... until today. I got a request for dismissal. They're folding. Happy Thanksgiving to me. And, I am thankful for all of you and the help you give here. You peeps are awesome. Congrats Ant. Nice to see that folks can come here, read some excellent posts, and do it for themselves. I am very happy that you got such a sweet win. 3 Quote Link to post Share on other sites
Brotherskeeper 961 Posted November 27, 2015 Report Share Posted November 27, 2015 @antonious13 Blessings come in many forms! Congrats!! Team California's Awesome Playbook sinks another one!! 2 Quote Link to post Share on other sites
sadinca 774 Posted December 7, 2015 Report Share Posted December 7, 2015 Its official, as of today! DISMISSED WITH PREJUDICE! 5 Quote Link to post Share on other sites
RubyTuesday 64 Posted December 7, 2015 Report Share Posted December 7, 2015 Congrats to you @sadinca!! You got one for you!!!! You deserve this win not only for yourself but for all the peeps you've helped on this board!! Very Very happy for you...have a fabulous stress-free holiday!! 2 Quote Link to post Share on other sites
Anon Amos 2,248 Posted December 7, 2015 Report Share Posted December 7, 2015 Good job Sadinca, you deserve it. An early Christmas present. 1 Quote Link to post Share on other sites
Brotherskeeper 961 Posted December 7, 2015 Report Share Posted December 7, 2015 Its official, as of today! DISMISSED WITH PREJUDICE! @sadinca ...so, now you're Not-so-sadinca. Well done!! Team California: the Streak continues!!! 3 Quote Link to post Share on other sites
CommoSGT 84 Posted December 7, 2015 Report Share Posted December 7, 2015 @sadinca Congratulations!!! I am glad to see another good guy win!!! Quote Link to post Share on other sites
sadinca 774 Posted December 8, 2015 Report Share Posted December 8, 2015 Thank you guys and gals! This one is for Calawyer, and for selflessly giving his time to help my wife last year, and me this year, I couldn't have done it with out his help and with out the help of all of you guys here, sharing your knowledge and experiences. And thanks as well, to those that no longer log in but left their threats, materials and caselaws in hope that someone will find it useful in the future. and finally, to whomever had the great idea of creating this website! cheers!!!! 4 Quote Link to post Share on other sites
calawyer 1,849 Posted December 9, 2015 Report Share Posted December 9, 2015 Its official, as of today! DISMISSED WITH PREJUDICE! So happy for you. That is an amazing result and the product of all of your hard work. I really do hope that you and your wife have a very happy and worry-free Christmas and New Year. Quote Link to post Share on other sites
CommoSGT 84 Posted December 15, 2015 Report Share Posted December 15, 2015 So....here is the next one. Slapped the fire out of Midland today. Quote from the Judge to Midland, "When is your client going to learn and listen to what the CFPB has said?? If you keep coming in my court with this sort of evidence you should expect sanctions. " This makes the 5th case we have hit out of the park. I wish I had looked for FDCPA violations...but I got a dismissed with prejudice out of it. 7 Quote Link to post Share on other sites
Brotherskeeper 961 Posted December 15, 2015 Report Share Posted December 15, 2015 @CommoSGT Wonderful result, just wonderful! And threat of sanctions, too!! 1 Quote Link to post Share on other sites
Anon Amos 2,248 Posted December 15, 2015 Report Share Posted December 15, 2015 CONGRATULATIONS. You can still look for FDCPA violations even though they dismissed. 1 Quote Link to post Share on other sites
CommoSGT 84 Posted December 15, 2015 Report Share Posted December 15, 2015 @Brotherskeeper The cool thing is that it wasn't just for me...it is for anyone facing them here. The Judge had told this same attorney to bring his best case...TWICE...and they failed. He is fed up with them. 2 Quote Link to post Share on other sites
CommoSGT 84 Posted December 15, 2015 Report Share Posted December 15, 2015 CONGRATULATIONS. You can still look for FDCPA violations even though they dismissed.The judge dismissed it...can I still within the 1 year time frame from the initial filing? Quote Link to post Share on other sites
Anon Amos 2,248 Posted December 15, 2015 Report Share Posted December 15, 2015 The judge dismissed it...can I still within the 1 year time frame from the initial filing?I would. I don't know of any reason why you couldn't (it's not something I have researched) Quote Link to post Share on other sites
sadinca 774 Posted December 15, 2015 Report Share Posted December 15, 2015 congratulation on such an amazing triumph!!!! it has been a very busy day here at work, but I just had to drop to congratulate this huge win!!!! 2 Quote Link to post Share on other sites
BV80 2,869 Posted December 18, 2015 Report Share Posted December 18, 2015 Congratulations! Great job! ♪ Another one bites the dust! ♪ 1 Quote Link to post Share on other sites
qbert 139 Posted January 7, 2016 Report Share Posted January 7, 2016 ive been out of the loop for awhile and wanted to update and thank everybody who helped me thru a real tough year or two. I'm happy to report that all of the defaulted debts are well past SOL, and that my credit score has been slowly climbing and has gone from 550 to almost 640 in just a year. My wife and i both recently got our first unsecured credit cards since the defaults. Were about 20 months away from the 7.5 year date since the last payment on the defaulted cards, at which negative credit reporting will cease. Was able to settle our underwater second mortgage for less than full amount and bring our home back into the black I owe so much to the people who helped me (you know who you are), and do my best to pay forward the knowledge i learned and documents and defenses i used to others in the same battle just wanted to give a little HOPE to people who get down in the dumps when it seems that your world is crashing around you. Time heals all and today is a great day to put your best foot forward. somebody recently gave me some words to live by: No amount of anxiety can change the future and no amount of gulit can change the past - so live in the day! <3 6 Quote Link to post Share on other sites
RubyTuesday 64 Posted January 9, 2016 Report Share Posted January 9, 2016 So Glad to hear things are looking up for you qbert! Ditto on the awesomeness of this site and the amazing help that is offered. If one can do the work and put one foot in front of the other, dot the i's and cross the t's, you can get the support needed here to prevail. I too will always be thankful for finding the soft landing this forum has to offer. Quote Link to post Share on other sites
qbert 139 Posted January 11, 2016 Report Share Posted January 11, 2016 all in all i cant say the credit situation was a blessing but the resulting knowledge of civil procedure and exercising my rights was priceless RIP ziggy 2 Quote Link to post Share on other sites
GRIMM71 5 Posted January 29, 2016 Report Share Posted January 29, 2016 California / San Mateo County Case dismissed with prejudice against Midland - 1/28/16 (yesterday!) Never posted before, but really wanted to share the good result: The "rent-a-lawyer" asked if i wanted to settle for 65% (the authorized settlement offer). Me: my internet research found that the JDBs buy these for pennies on the dollar, so if you want to divide those numbers by 100 we can talk settlement, otherwise i'm ready to proceed. MF's atty: you subpoenaed a witness? Me: yes, she might be blond (it was the person who signed their CCP 98, but she never showed). When we finally got in front of thejudge (i was the only case of this type at that time), the Judge asked MF's atty to present her case. MF's atty: i have this declaration in lieu. Judge: Ms. GRIMM71? Me: i am objecting to the ccp 98 declaration as untimely. Judge: explain. Me: proof of service date-12/23 via 3-day FedEx, CCP 1013, does not include or define 3-day service. As the label indicates, it was not scheduled to arrive until after the 30 day pretrial cutoff & deadline. They had plenty of time to get it to me in time, including delivery on the 28th, a Monday. They did none of these. Judge: you are correct. Evidence excluded. (To MF) do you have any other evidence? MF: no. Judge: Ms GRIMM71? Me: i move to dimiss in my favor with prejudice. Judge: done. Me: thank you your honor. I would also like to thank all of the people on this forum that made this moment possible: Sadinca - for great samples & a quick response when the links to the samples weren't working ASTMedic - for all of the great samples Seadragon - for the valuable pre-trial checklist Rivertime - for being in the same situation re: untimely responses RTE - for the response full of case law re: missing deadlines Calawyer, Anon Amos, H8spleadingpaper, and Homeless in California - for ALL of the valuable advice posted on the forum 3 Quote Link to post Share on other sites
Anon Amos 2,248 Posted January 29, 2016 Report Share Posted January 29, 2016 Good job, congratulations. You can file a to get your cost back if you incurred any. I'm glad you were able to find what you needed to win. 2 Quote Link to post Share on other sites
GRIMM71 5 Posted January 29, 2016 Report Share Posted January 29, 2016 13 minutes ago, Anon Amos said: Good job, congratulations. You can file a to get your cost back if you incurred any. I'm glad you were able to find what you needed to win. The Judge asked me to write the order, does it need to include "defendant recovers costs" or can i file for that without it being in the order? Any info would be great! Quote Link to post Share on other sites
sadinca 774 Posted January 29, 2016 Report Share Posted January 29, 2016 Congratulation on your victory. Dont know if the links work now, perhaps it happened due to the renovation . But awesome job!! 1 Quote Link to post Share on other sites
sadinca 774 Posted January 29, 2016 Report Share Posted January 29, 2016 You mentioned you never posted but your name sounds familiar. Quote Link to post Share on other sites
