RyanEX 899 Posted November 23, 2013 Report Share Posted November 23, 2013 I will, shellieh98 still a little mentally exhausted, will detail it out soon and probably write up a thread on the entire experience. Short version - I filed the Trial Brief, the MIL citing Target v. Rocha, and the Dec in Support of MIL about 2 weeks before trial and those simply gutted their case. I showed up to court ready for war in a suit and armed with exhibit binders and a trial binder like @HomelessInCalifornia prescribes. Contract lawyer probed for interest in a settlement, I declined. They offered some dense, 5-page "Mutual Release" - I didn't bother looking at it, still not sure exactly what is was. Almost as soon as we were called into judges chambers the contract lawyer requested dismissal w/o prejudice. I was somewhat surprised, I thought they put up more of a fight, or at least wait for the judge to actually bring up the MIL/decide on the MIL, they didn't even let it get to that I asked the judge to check CCP581(e) to see if i could insist on dismissal w/prejudice, he did and confirmed that trial had not yet commenced, so dismissal w/o prejudice. I thanked them both and walked out. 6 Quote Link to post Share on other sites
qbert 139 Posted November 24, 2013 Report Share Posted November 24, 2013 congrats! Quote Link to post Share on other sites
calawyer 1,848 Posted November 24, 2013 Report Share Posted November 24, 2013 I will, shellieh98 still a little mentally exhausted, will detail it out soon and probably write up a thread on the entire experience. Short version - I filed the Trial Brief, the MIL citing Target v. Rocha, and the Dec in Support of MIL about 2 weeks before trial and those simply gutted their case. I showed up to court ready for war in a suit and armed with exhibit binders and a trial binder like @HomelessInCalifornia prescribes. Contract lawyer probed for interest in a settlement, I declined. They offered some dense, 5-page "Mutual Release" - I didn't bother looking at it, still not sure exactly what is was. Almost as soon as we were called into judges chambers the contract lawyer requested dismissal w/o prejudice. I was somewhat surprised, I thought they put up more of a fight, or at least wait for the judge to actually bring up the MIL/decide on the MIL, they didn't even let it get to that I asked the judge to check CCP581(e) to see if i could insist on dismissal w/prejudice, he did and confirmed that trial had not yet commenced, so dismissal w/o prejudice. I thanked them both and walked out.Excellent!!! You must feel very proud of yourself. Now get your costs awarded and make this one account that plaintiff really will lose some money on. 1 Quote Link to post Share on other sites
RyanEX 899 Posted November 27, 2013 Report Share Posted November 27, 2013 Excellent!!! You must feel very proud of yourself. Now get your costs awarded and make this one account that plaintiff really will lose some money on.Thanks! Yes, felt empowering to beat them on "their" turf. The memorandum of costs is #1 on the to-do list. Quote Link to post Share on other sites
Spikey 384 Posted December 4, 2013 Report Share Posted December 4, 2013 @RyanEX Must have missed this over the long Thanksgiving weekend. Nice work! 1 Quote Link to post Share on other sites
Brotherskeeper 914 Posted December 20, 2013 Report Share Posted December 20, 2013 Santa came a little early. Not-very-merry for Mid. Land settlement for FDCPA now in hand with non-disclosure agreement. One observation about our 2 federal cases: an experienced FDCPA consumer attorney was critically important. Big JDBs were represented by top law firms--not the sloppy collection mill firms we battled against in state court. 3 Quote Link to post Share on other sites
ArtVandelay 405 Posted December 20, 2013 Report Share Posted December 20, 2013 Santa came a little early. Not-very-merry for Mid. Land settlement for FDCPA now in hand with non-disclosure agreement. One observation about our 2 federal cases: an experienced FDCPA consumer attorney was critically important. Big JDBs were represented by top law firms--not the sloppy collection mill firms we battled against in state court. Congratulations! I agree on having an attorney. An experienced attorney usually gets them to give in much quicker. Even if the attorney specializes in Siberian Lama Law they realize its going to cost them a lot more. Way to go! Quote Link to post Share on other sites
heartglass 8 Posted December 28, 2013 Report Share Posted December 28, 2013 Citi Bank ( S& Hammer ) in Oregon , we kicked their butts thank you Huey Pilot and every one in these forums I could not have done it with out you . Here in Oregon its court ordered arbitration and I had to deal with the kangaroo court arbitration it was humiliating.Of course Citi was awarded the amount of 14000. so I filed a trial de novo , it took over 2 monthes to get a trial date for 2014 , then last week I get a notice of voluntary dismissal without prejudice ...they had it dated for Dec 6th . I just recieved my refund from the courts for my Trial De Novo .....IT CAN BE DONE!!!!!Happy New Year every oneSusan 4 Quote Link to post Share on other sites
Savoir 312 Posted December 28, 2013 Report Share Posted December 28, 2013 Way to go Bro' ......... he says, a little late in the game ............ You too, Susan ............ nice work ........... Quote Link to post Share on other sites
ArtVandelay 405 Posted December 28, 2013 Report Share Posted December 28, 2013 One more win to the list right here Citi Bank ( S& Hammer ) in Oregon , we kicked their butts thank you Huey Pilot and every one in these forums I could not have done it with out you . Here in Oregon its court ordered arbitration and I had to deal with the kangaroo court arbitration it was humiliating.Of course Citi was awarded the amount of 14000. so I filed a trial de novo , it took over 2 monthes to get a trial date for 2014 , then last week I get a notice of voluntary dismissal without prejudice ...they had it dated for Dec 6th . I just recieved my refund from the courts for my Trial De Novo .....IT CAN BE DONE!!!!!Happy New Year every oneSusan Congratulations!!!!!!! 1 Quote Link to post Share on other sites
kraftykrab 76 Posted January 13, 2014 Report Share Posted January 13, 2014 I guess its time to post mine up here, though I cannot identify the other party at this time.... I received a summons in October from an original creditor, a local lender. They tried to sue when we were not in default. They ended up dismissing their case, and I just got the notice from the court in the mail today. DISMISSED! Problem, though...we are far from done with them. I got the notice from them before lunch in the mail....by the time that lunch was over, I already had retained counsel. We are pursuing for several months of FCRA violations, among other things. There will be criminal implications and the relevant authorities have already been contacted. They even committed fraud upon the court, and potentially upon the IRS....because of how they handled everything, they are required by law to issue a 1099-C when the entire balance of the account was shown to be paid in full. They applied a good chunk of money to attorney's fees and court costs without the order of the court granting them those funds. They even filed their motion to dismiss "at plaintiff's cost", which means that the plaintiff holds itself responsible for its own costs in this action. Problem is, they had already stolen their court costs from me prior to that. So, because they took roughly $1300 and paid the court and their attorney, they "forgave" that portion of the loan balance. This is why they are required to issue a 1099C, because the amount is over $600. So they misapplied the funds, and because of that, they now are going to penalize me a couple hundred dollars or more in taxes. We'll see about that....there will be an ongoing thread about our action against them. I did not list everything that we are pursuing just yet....more to come. But in the meantime, a win is a win! 1 Quote Link to post Share on other sites
Savoir 312 Posted January 14, 2014 Report Share Posted January 14, 2014 Waiting to see what happens next !!! 2 Quote Link to post Share on other sites
jene_rae 22 Posted February 12, 2014 Report Share Posted February 12, 2014 I won in court against American Express in 2013! Now fighting CACH...plan to win there too! 5 Quote Link to post Share on other sites
Anon Amos 2,247 Posted February 12, 2014 Report Share Posted February 12, 2014 Good job, congratulations. Quote Link to post Share on other sites
garfield 7 Posted February 21, 2014 Report Share Posted February 21, 2014 I received summons and complaint 1 year and 5 months ago. Had no clue what to do. Calawyer and Homeless in CA's threads provided me with the information I needed to get through this nightmare. Things that were not likely, in fact did happen. What are the odds that the witness would show up? Sure Did! I had to prepare over the weekend before trial with objections, which were all denied!! So I made my closing statement and waited for the judgment in the mail. I suppose my closing argument not as eloquent as I anticipated and the judge needed to read my at issue memorandum to determine what I was trying to communicate. All said and done I won! They failed to prove their case by a preponderance of the evidence. Thank you Calawyer and Homeless in CA. My suggestion! Stick to the facts, be respectful and look professional. 7 Quote Link to post Share on other sites
Anon Amos 2,247 Posted February 22, 2014 Report Share Posted February 22, 2014 Congratulations. This is the first time I have ever heard a good out come when someone is "waiting for the ruling in the mail", that's usually the kiss of death, so this is good to hear for a change. Nice Job Quote Link to post Share on other sites
ArtVandelay 405 Posted February 22, 2014 Report Share Posted February 22, 2014 I received summons and complaint 1 year and 5 months ago. Had no clue what to do. Calawyer and Homeless in CA's threads provided me with the information I needed to get through this nightmare. Things that were not likely, in fact did happen. What are the odds that the witness would show up? Sure Did! I had to prepare over the weekend before trial with objections, which were all denied!! So I made my closing statement and waited for the judgment in the mail. I suppose my closing argument not as eloquent as I anticipated and the judge needed to read my at issue memorandum to determine what I was trying to communicate. All said and done I won! They failed to prove their case by a preponderance of the evidence. Thank you Calawyer and Homeless in CA. My suggestion! Stick to the facts, be respectful and look professional. Congratulations!!! Hang out and help others when you get a chance. Quote Link to post Share on other sites
Brotherskeeper 914 Posted February 22, 2014 Report Share Posted February 22, 2014 @garfieldWell done!! After you've had a well-deserved victory celebration, we'd be very interested to hear more about your courtroom experience. Quote Link to post Share on other sites
ratlady 9 Posted April 12, 2014 Report Share Posted April 12, 2014 Midland Funding, LLC (In Ohio) vMe, (In Erie County Municipal Court)See this case: http://www.ca6.uscourts.gov/opinions.pdf/13a0050p-06.pdf Dismissed with prejudice. Filing with FTC for violations. Anyone in this county please PM me for more information. 4 Quote Link to post Share on other sites
credit2011 105 Posted April 21, 2014 Report Share Posted April 21, 2014 Midland Funding, LLC (In Ohio) vMe, (In Erie County Municipal Court)See this case: http://www.ca6.uscourts.gov/opinions.pdf/13a0050p-06.pdf Dismissed with prejudice. Filing with FTC for violations. Anyone in this county please PM me for more information.It would be helpful if anyone can site a case in California for Midland like this if it occured. Quote Link to post Share on other sites
ArtVandelay 405 Posted April 23, 2014 Report Share Posted April 23, 2014 Midland Funding, LLC (In Ohio) vMe, (In Erie County Municipal Court)See this case: http://www.ca6.uscourts.gov/opinions.pdf/13a0050p-06.pdf Dismissed with prejudice. Filing with FTC for violations. Anyone in this county please PM me for more information. Congratulations! Don't worry about the FTC. If you have violations go the FDCPA route in federal court. Do this with an experienced attorney and make them pay you and the attorney. Quote Link to post Share on other sites
gammygamms 21 Posted April 24, 2014 Report Share Posted April 24, 2014 With the help of this site and the many knowledgeable people who post here, especially ANON AMOS, who took me in like an orphan child, I have won my case!http://www.creditinfocenter.com/community/topic/321531-received-summons-still-lost-after-reading-info-on-this-site-please-help/?p=1263519In the end, there were a few issues that rendered me victorious that were mistakes made by the Plaintiff's Attorney (or shall I say attorneys, as there were about 4 from that law firm that worked on my case, and 2 different rental lawyers that showed up at my various hearings). All of their errors were noted in my Motion in Limine (MIL) and Trial Brief that I filed with the court at my Trial Readiness Hearing. And just in case that wasn't going to work, I also had my Statute of Limitations (SOL) affirmative defense as the cherry on top (which they also proved FOR me in their discovery response. My case was dismissed the moment it was called for trial. Such a huge relief. So, I just want to let anyone out there who may go through this know to never give up hope. Even if you think you're going to lose, fight them, fight them... more than likely they WILL mess up and you can prevail. I'll have to say I've learned a lot through this whole process. The most informative thing that helped me was when ANON AMOS would remind me that although this was a big event in my life, to them it's just another case and they probably really do not know much about it, possibly just learning the facts of the case out in the hall just a few moments before a hearing... this is valuable to those of us who are the defendants. Spend the time to learn anything and everything you can and use their evidence against them, don't let them use it against you. The most important thing I've learned through this entire ordeal is that there are people out there, strangers who become dear friends in the process, who are so giving of their time and knowledge to help you through it. With this forum, no one is alone, you can have an army stand behind you and hold your hand through it, or you can find just one special mentor who will pull you up by your boot straps and dust you off every time you feel like giving up and get you back in the fight. I cannot thank ANON AMOS enough for the tremendous amount of knowledge, help, time, dedication and friendship he gave to me, as he was the reason I was able to win this case. And you can bet we are going after them for all of their violations. We all need to do whatever we can to get them to stop harassing good people and to stop playing dirty. They get away with it because no one fights. I researched the law firm that sued me in just my county's civil court going back about a year, and out of all of those cases, I only found a few other people that actually even bothered to respond to their summons. That means that the plaintiff automatically wins by default like 99% of the time. I'm confident that if we all just fight back we can dramatically change that. 5 Quote Link to post Share on other sites
Brotherskeeper 914 Posted April 24, 2014 Report Share Posted April 24, 2014 @gammygamms Well done and well said!!! Now go get 'em in federal court! 1 Quote Link to post Share on other sites
ArtVandelay 405 Posted April 25, 2014 Report Share Posted April 25, 2014 With the help of this site and the many knowledgeable people who post here, especially ANON AMOS, who took me in like an orphan child, I have won my case!http://www.creditinfocenter.com/community/topic/321531-received-summons-still-lost-after-reading-info-on-this-site-please-help/?p=1263519In the end, there were a few issues that rendered me victorious that were mistakes made by the Plaintiff's Attorney (or shall I say attorneys, as there were about 4 from that law firm that worked on my case, and 2 different rental lawyers that showed up at my various hearings). All of their errors were noted in my Motion in Limine (MIL) and Trial Brief that I filed with the court at my Trial Readiness Hearing. And just in case that wasn't going to work, I also had my Statute of Limitations (SOL) affirmative defense as the cherry on top (which they also proved FOR me in their discovery response. My case was dismissed the moment it was called for trial. Such a huge relief. So, I just want to let anyone out there who may go through this know to never give up hope. Even if you think you're going to lose, fight them, fight them... more than likely they WILL mess up and you can prevail. I'll have to say I've learned a lot through this whole process. The most informative thing that helped me was when ANON AMOS would remind me that although this was a big event in my life, to them it's just another case and they probably really do not know much about it, possibly just learning the facts of the case out in the hall just a few moments before a hearing... this is valuable to those of us who are the defendants. Spend the time to learn anything and everything you can and use their evidence against them, don't let them use it against you. The most important thing I've learned through this entire ordeal is that there are people out there, strangers who become dear friends in the process, who are so giving of their time and knowledge to help you through it. With this forum, no one is alone, you can have an army stand behind you and hold your hand through it, or you can find just one special mentor who will pull you up by your boot straps and dust you off every time you feel like giving up and get you back in the fight. I cannot thank ANON AMOS enough for the tremendous amount of knowledge, help, time, dedication and friendship he gave to me, as he was the reason I was able to win this case. And you can bet we are going after them for all of their violations. We all need to do whatever we can to get them to stop harassing good people and to stop playing dirty. They get away with it because no one fights. I researched the law firm that sued me in just my county's civil court going back about a year, and out of all of those cases, I only found a few other people that actually even bothered to respond to their summons. That means that the plaintiff automatically wins by default like 99% of the time. I'm confident that if we all just fight back we can dramatically change that. Congratulations! Quote Link to post Share on other sites
head22 7 Posted April 30, 2014 Report Share Posted April 30, 2014 Just wanted to let everyone know that I had a case against Midland Funding dismissed in court last week and officially entered into the records on Monday. I would not have been able to accomplish this without the step by step directions for arbitration that I followed from this forum. Along with our friends from debtorboards I was successful in beating them back. I have also reached the SOL on 3 other debts so now it is credit repair mode. Thanks to all who take the time to post on these boards. It does make a difference. Much appreciated. 7 Quote Link to post Share on other sites
