admin

Hall of fame lawsuit winners....

Recommended Posts

I don't know that it is actually 'Hall of Fame' material, which is what the thread is named, but I did go to trial and before opening statements cousel dismissed without prejudice! Slightly disappointing considering how much time, effort, nerves, sleepless nights, etc. you put into it and then don't get to put on your case but hey, a win is a win! It is still satisfying to know that you got all the way to trial and they recognized that you could actually win!

Sincerest and heartfelt thanks to calawyer! You truly are a saint!!! You empower and educate us to understand what is going on and to also believe in ourselves!!

Thanks also to seadragon, 1111girl, vldca, and anyone else that posted replies, offered words of encouragement, and made this all seem not so scary.

To anyone new on the board: take one thing at a time, ask LOTS of questions, and know that you really can do this! If you invest the time, you will like the outcome!

Even though this is over, I will still be around on the board in the off chance I can help someone else, even if in some small way.

Again, sincerest thanks!! Have a GREAT weekend, I know I will!!!

I already told you this but I am VERY proud of you. You case was in a posture such that plaintiff had to dismiss or it would have lost at trial.

For the benefit of others, mommamia3 subpoena'd the CCP 98 declarant. The witness found it inconvenient to attend trial and asked her to stipulate to a continuance. She said no, and plaintiff brought a motion to continue the trial. Momma showed up at the hearing and convinced the judge not to do so. So plaintiff was left in a very bad place for trial.

It still infuriates me that plaintiff didn't have the decency to call her up and tell her it intended to dismiss. Instead, it allowed her to prepare all week long, dress up in her Sunday best and show up ready for trial only to be told that plaintiff had dismissed.

There is a special place in hell for people like that.

Now file your cost memo and make them pay.

  • Like 1

Share this post


Link to post
Share on other sites

I'm going to post my wins....

$2,000 in FDCPA violations received, (2 cases) checks cashed, going to Disney!

$6,500 Chase/WaMu, EAF JDB, I win, they lose.

$9,800 HSBC, I win, they lose.

$7,700 Certain unnamed OC. They dismiss. I win.

$3,850 JDB. I win, they lose.

I have only one left. It's their move. The violations I have on them are just wonderful.

Thanks to everyone for all your help (esp. Coltfan) and support over the past year. It feels great to be unchained of this burden and uncertainty. It feels even better knowing that I have passed what I've learned to others and helped them win.

  • Like 4

Share this post


Link to post
Share on other sites
Case closed, Chalk another one up to the good guys!

Way to go. With all the stress removed and your SA back at the top, you can focus on conversion and building safe airtime.

HP

Share this post


Link to post
Share on other sites

This is not a complete win...but it worked out in the end.

I had GE Money Bank backed into a corner regarding my wife's lawsuit with them. I had everything set up for her to win. They had no admissible evidence. My wife got scared of going through an actual bench trial and settled for $.25 on the dollar.

The attorney representing GE brought on the the firms partners to trial in thinking I was going to be there.

For everyone who gets to go up against a newbie attorney who barely passed the bar...I get the guy with 25 years of trial experience. All over a $4500 debt.

For a pro se to scare an attorney that bad, I call it a win!!! If it was my case, I would have gone through trial!!

Share this post


Link to post
Share on other sites

Equable Ascent Financial, LLC -- conquered!

They started by suing me for $4500, and 3.5 months later: case dismissed without prejudice! It was all about the Motion to Compel for me!

One million "thank you"s doesn't even seem enough. A huge weight has been lifted off my shoulders!

Share this post


Link to post
Share on other sites
Southern California -  Asset Acceptance, LLC represented by G & W Law Group (in Walnut Creek, CA) - Conquered! 

 

:punknanner:  Dismissal without Prejudice  :punknanner:

 

 

A SUMMARY (to help others and/or for motivation):

 

Sued in the middle of May 2012 for $13k+ and $12k of "interest" on a Citibank account (+10% per year on the balance if I lost). No exhibits or evidence attached to complaint.

 

Causes of Action: Open Book Account and Account Stated

 

What I did with the help of this forum & some of the awesome members here & what they did:

 

1. Answered their complaint with full denial.

 

2. Answered their discovery to me (Admissions, Form & Special Interrogatories).

 

3. Sent them Bill of Particulars Demand.

 

They dropped Open Book Account cause of action (and therefore could legally NOT have to provide BOP)

 

4. Sent them Production of Documents request - only 3 requests: 1. "Agreement" & 2. "Periodic Statements" (they mentioned both in the unverified complaint -  read yours again!) and 3. Documentation of Assignment from Citibank.

 

5. Sent them & filed with the court my Case Management Form (due 15 days before Hearing, don't forget to meet & confer 30 days before the conference!)

 

They responded to my Request for Production with objections, a ton of non-code-compliant language (Civil Code of Procedure 2031.210, 2031.220, 2031.230, 2031.240 - read it, you'll be happy you did!) and a Collections Call Log, Assignment paper & self-created Schedule "A", and a 2007 Citibank Card Agreement.

 

6.  Attended my Case Management Conference - was allowed to tell judge that the Plaintiff had dropped the cause of action to not answer BOP demand and that I still did not have one piece of evidence that would show that this is my account based on their response to my Request for Production. Also, asked him sweetly if I would have to Motion to Compel the documents I was seeking & to get the Plaintiff to answer my RFP based on the code, he was amused by this and said basically yes, he would love to hear my motion.

 

7. Sent them Meet & Confer letter #1 (5 pages!) explaining why their response to my Request for Production was insufficient based on the code, evasive, and ridiculous (I left the last one out).

 

They did not respond to this letter.

 

8. Sent them Meet & Confer letter #2 (1 page) letting all of them know again that they did not respond properly to my Request for Production or my first Meet & Confer letter and also to let them know that I would filing a Motion to Compel Further Responses with the court if they failed to respond in 10 days (+ 5 for mailing!).

 

They did not respond to this letter either.

 

9. Filed a Motion to Compel Further Responses, Separate Statement in Support of my Motion to Compel, plus Exhibits and a Proposed Order (+30 pages and A TON OF WORK - took me a week! BUT worth it, trust me!)

 

The day after their opposition to my Motion was due (9 COURT days BEFORE the hearing), the lawyer from G & W called me for the first time and asked if I'd be interested in a "Mutual Release".

 

10.  I left a message saying I would be interested but wanted to recoup my costs to defend myself against this lawsuit ($475+ in postage & court costs alone).

 

11.  Attended my Motion to Compel Further Hearing and the "rent-a-lawyer" they sent said this as her opening statement "We would like to Dismiss this case without Prejudice Your Honor" and the judge asked me if I had any objections, I thought about it for 5 seconds and said No, your honor, I have no objection to that.  :nannersplit:

 

Case Dismissed Without Prejudice - Jan 3, 2013

 

Next week I will file with the court & copy Plaintiff on my Memorandum of Costs & we'll see if they oppose that in writing.

 

I probably would have argued for "with" Prejudice if the SOL hadn't already run (times up), but I'm thrilled with this result.

 

I would not have been able to do the above without the help of this forum and the wonderful people I met along the way.  I thank them in a post I posted this morning in my thread.  I'll be posting all of the documents I mentioned above at the end of my thread so people can use them as templates or just to see what this stuff looks like.

 

Thank you all for your support and help during my lawsuit, I began really frightened & confused and ended feeling empowered and enlightened!!   AND YOU CAN TOO!

 


 

THANK YOU ALL!      ::daisy:: Hope Lives! 

  • Like 5

Share this post


Link to post
Share on other sites

Well... I got the letter yesterday when I got home from work.

 

"Midland has decided not to proceed further with the above action. Therefore, enclosed is an original and one copy of a Stipulation of Dismissal, with prejudice."

 

It's been a long, hard fought battle and they finally quit. Thanks to HueyPilot, Coltfan, Bruno, bmc100, BV80 and the rest. I hope I have and can continue to help some people here get through their battles with the information I learned here and the extensive studying I've done.

 

This place is the greatest. Good luck to everyone still fighting! You can do it!

  • Like 8

Share this post


Link to post
Share on other sites

Went in yesterday for my "Readiness Calender" hearing and guess what? The folks from Prober & Raphael decided not to show! Judge called me back in today and again, no show, WTF?? I was armed and ready for them! And they NO SHOWED?? So this is what I got:

PREDISPOSITION HEARING HELD   ON COURTS MOTION, CASE ORDERED DISMISSED WITHOUT PREJUDICE AS TO ENTIRE ACTION. REASON: PLAINTIFFS FAILURE TO APPEAR & PROCEED.   STAGE AT DISPOSITION: COURT ORDERED DISMISSAL - OTHER BEFORE TRIAL (CIV) 

DISMISSED! WOO HOO!! Thank you Calawyer, Seadragon, VLDCA, Mommamia, BV80, Coltfan, etc, etc for the ammo to take these guys on. YOU ROCK!!

  • Like 5

Share this post


Link to post
Share on other sites

Win #1, 2/5/2013. Motion to Vacate Consent Judgment, granted

Plaintiff's attorneys asked me if I wanted to settle, I said " na, I already did all of the work".

Original complaint was reinstated and trial date was set for March,2013. I was all ready to send out my amended answer and ARB election letter today. ( Thanks Linda7)

Win# 2, Bammm! Today I received a letter from Plaintiff's attorneys with a Stipulation of Dismissal!

Win #3, To be determined$$$$

Thank you for all of the great feedback, confidence, and support. I definately couldn't have done this without the info on this board.

  • Like 1

Share this post


Link to post
Share on other sites

Win #1, 2/5/2013. Motion to Vacate Consent Judgment, granted Plaintiff's attorneys asked me if I wanted to settle, I said " na, I already did all of the work". Original complaint was reinstated and trial date was set for March,2013. I was all ready to send out my amended answer and ARB election letter today. ( Thanks Linda7) Win# 2, Bammm! Today I received a letter from Plaintiff's attorneys with a Stipulation of Dismissal! Win #3, To be determined$$$$ Thank you for all of the great feedback, confidence, and support. I definately couldn't have done this without the info on this board.

:punknanner:  Feels good, doesn't it?

  • Like 1

Share this post


Link to post
Share on other sites

Another CIC win, when one wins we all win, Crap 1 accepted my lawyers offer of a mutual dismissal with no countersuit from us. It can be done! Thanks Seadragon, Calawyer, Gunny, Bruno, and all the others that took the time to help me with answers to my questions, in the beginning when I was on my own. Any support help us all through this process which is scary, I now feel a lot better going through my next case of which I'm on my own! ::celebrate::

  • Like 3

Share this post


Link to post
Share on other sites

Another CIC win, when one wins we all win, Crap 1 accepted my lawyers offer of a mutual dismissal with no countersuit from us. It can be done! Thanks Seadragon, Calawyer, Gunny, Bruno, and all the others that took the time to help me with answers to my questions, in the beginning when I was on my own. Any support help us all through this process which is scary, I now feel a lot better going through my next case of which I'm on my own! ::celebrate::

Also thanks Kristy for starting this site, without we would all be very lost, I bet you didn't know what you started oh so long ago!

  • Like 2

Share this post


Link to post
Share on other sites

proud to post my first victory here:

 

Asset Acceptance, 2 separate lawsuits for similar claims, totaling 25K

 

filed general denial, asked for BOP -> both cases dismissed without prejudice by plaintiff

 

thread here

http://www.creditinfocenter.com/community/topic/318526-updatedismissed-was-asset-acceptance-is-threatening-to-sue-should-i-dv/

  • Like 3

Share this post


Link to post
Share on other sites

proud to post my first victory here:

 

Asset Acceptance, 2 separate lawsuits for similar claims, totaling 25K

 

filed general denial, asked for BOP -> both cases dismissed without prejudice by plaintiff

 

thread here

http://www.creditinfocenter.com/community/topic/318526-updatedismissed-was-asset-acceptance-is-threatening-to-sue-should-i-dv/

Wow great please have a huge drink with a fancy umbrella in it! :MoreBeer:

Share this post


Link to post
Share on other sites

Victory against JDB~ LVNV in Michigan.

Stipulation to dismiss WITH prejudice   . ::punk::

 

Thank you to all who helped me throughout the process.

 

Here is my thread link http://www.creditinfocenter.com/community/topic/319022-help-with-opposition-to-motion-for-summary-disposition-and-brief/

 

Thank heaven for such an awesome web site and members dedicated to helping folks like myself ! 

::rockon::

  • Like 3

Share this post


Link to post
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.

Guest
Reply to this topic...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.