Fairy Enchantress Posted September 15, 2008 Report Share Posted September 15, 2008 (I will write to all of you ;my thank you to all of you, soon in this thread . But I just had to tell you real quick. Thank you CIC!Dismissed with prejudice!If I can do it so can you! 1 Link to comment Share on other sites More sharing options...
admin Posted September 15, 2008 Report Share Posted September 15, 2008 :PartyTime: Link to comment Share on other sites More sharing options...
deltadawn Posted September 15, 2008 Report Share Posted September 15, 2008 Great Job! Hope you post the details so others may benefit. You did your homework and those who have helped you through the process have to feel a great deal of personal satisfaction. (Your win is their win) 1 Link to comment Share on other sites More sharing options...
deltadawn Posted September 15, 2008 Report Share Posted September 15, 2008 Dismissed with prejudiceI failed to mention this is a closed chapter - it can not come back to haunt you! Link to comment Share on other sites More sharing options...
JustaTexan Posted September 15, 2008 Report Share Posted September 15, 2008 Awesome work!!!!! :BigDance: Link to comment Share on other sites More sharing options...
LeslieR Posted September 15, 2008 Report Share Posted September 15, 2008 FE, Congratulations!!!!!I know you have worked very hard on this and am so happy for you!!!!!!!Can't wait to hear details. 1 Link to comment Share on other sites More sharing options...
merrybucks Posted September 15, 2008 Report Share Posted September 15, 2008 Congrats! Your hard work paid off. 1 Link to comment Share on other sites More sharing options...
AboveAverage Posted September 15, 2008 Report Share Posted September 15, 2008 You go girl...go out and do your best booty dance! LMAO....Congrats hon. 1 Link to comment Share on other sites More sharing options...
flacorps Posted September 15, 2008 Report Share Posted September 15, 2008 Dismissed with prejudiceI failed to mention this is a closed chapter - it can not come back to haunt you!Um ... actually ... not so much. On another board a poster is dealing right now with a JDB who is suing after the prior JDB's case was dismissed with prejudice. It's pretty much a slam dunk to defeat it and maybe get some sanctions and what-have-you ... but the danger is real for the debtor who is victorious today and complacent tomorrow. Link to comment Share on other sites More sharing options...
deltadawn Posted September 15, 2008 Report Share Posted September 15, 2008 JDB who is suing after the prior JDB's case was dismissed with prejudice. Sorry - I did not mean to give out wrong information. It was my understanding if a civil case was dismissed with prejudice, that the Plaintiff was barred from bringing action on the same case.So does that mean that a JDB can resell the debt and the process start all over again? Link to comment Share on other sites More sharing options...
nascar Posted September 15, 2008 Report Share Posted September 15, 2008 So does that mean that a JDB can resell the debt and the process start all over again?In all probability, no. Flacorps is simply warning of what you could consider as the worst case scenario. You have to remember that we are dealing with people who have no regard or respect for the law. As long as you're aware of that, you'll be ok. 1 Link to comment Share on other sites More sharing options...
LUEser Posted September 15, 2008 Report Share Posted September 15, 2008 Nice. Link to comment Share on other sites More sharing options...
jq26 Posted September 15, 2008 Report Share Posted September 15, 2008 Does this have to do with the JDB attempting to use Teac to render their self-created documents as proof of ownership of your debt?Please give us details about your day in court. Lots of CIC'ers are will probably be in the same place at some point. Link to comment Share on other sites More sharing options...
flacorps Posted September 15, 2008 Report Share Posted September 15, 2008 In all probability, no. Flacorps is simply warning of what you could consider as the worst case scenario. You have to remember that we are dealing with people who have no regard or respect for the law. As long as you're aware of that, you'll be ok.Yes. JDB1 either didn't tell JDB2, or JDB2 just didn't care. Link to comment Share on other sites More sharing options...
chelseagirl Posted September 16, 2008 Report Share Posted September 16, 2008 (I will write to all of you ;my thank you to all of you, soon in this thread .But I just had to tell you real quick.Thank you CIC!Dismissed with prejudice!If I can do it so can you!GREAT JOB!!! Link to comment Share on other sites More sharing options...
Fairy Enchantress Posted September 16, 2008 Author Report Share Posted September 16, 2008 Wow! You sure make me feel good inside about all this! Thank you for the support!I would like to personally thank the people who helped me during this case. If it was not for each of you I could not have done this. Each of you helped me directly. The names are not in any particular order. All of you had walked me through this. Thank you!!!!!!!!!! Admin, Nascar (my right hand), Jq26, LUEser, merrybucks,deltadawn, Amerikaner83,flacorps,Methus,Tazjeepcj7, Nascar Devil,Swirlgirl,LeslieR, Fizzle1979,debtorshusband,Focus2069,BigTime,willingtocope,ALVA,Templar,Florida Bronco,smurfette in NY,cjtx,Debt Guy,CreditFixCD,chelseagirl ,DEANNATX,Above Average,TTiggers,unusualsuspect,bena,Lecasbas,joeyjoe68,trueq,thomassl,razr,momof5,Magdalen77,txlimo,Nascar3.Today the first day of trial rolls around.I went to the court room the attorney was already there. The judge calls a few cases. This attorney was not the lady I met at pre-trial he was the owner of the firm, he brought a witness, and also another attorney who I had not seen before. This attorney would leave the court room to go meet people for their pre-trial and come back in and sit when he was done. Anyhow from what I read in other post here, I was expecting him to try to speak to me to settle. And he wasn't doing it. Then while the court was in between cases he got up walked over and asked if I would like to speak to him. I said no.Our case was called. The judge said for each of us to tell a quick side to our story. I tell mine. Then the attorney says to the judge the first thing he wants the court to know is I did not give him my disclosure statement/discovery so nothing I bring up can be brought up in the trial whether it is evidence or witnesses. The judge looks at me and says why haven't you done this?! I said I did send it to him. He says no she didn't! I said I have proof, I sent it and I have his signature to prove it from certified mail. The judge was shocked at this and says to show the attorney and to bring my disclosure/discovery to her with the certified mail receipts and his signature. I did and the judge was satisfied. I am so glad I sent it signature requested because If I had just put a stamp on it , it would have been his word against mine. The judge says I have several motions she would like to talk about that were made by me. The first was motion to dismiss with prejudice even though it was the last motion I filed. She said some of my concerns were the SOL and jurisdiction, but she wanted to address those parts last. She wanted to talk about me saying they had lack of evidence. The judge knew from my statement they had nothing bearing my signature, no complete payment history or any payment history, no credit card receipts ect. All they had was a Bill of Sale saying they bought the debt from someone and that part was notarized. But along with that they had a chain of title because the debt had been purchased 6 times. (None of this was authenticated.) I told the court I objected to these documents because they were hearsay and the attorney said it did not matter because of CRE 803 Teac Corp. v. Bauer, 678 P.2d3 (Colo. App.1984). I said that in that case there was five criteria that had to be met and the Plaintiff didn't meet the criteria! The judge asked a rep from the collection agency where she got these documents and she said copied certain parts of them from the internet! I said, they are self created documents. The judge said Fairy Enchantress you can speak about your motion now. I said Judge I would like for you to grant my motion to dismiss this case with prejudice based on lack of evidence. She said it was granted!For the new people going through this:this is how my case started...In my case the collection agency was suing for a credit card debt for an amount less than a thousand dollars. They did not have a signed application, no credit card statements, no payment history, no credit card receipts. Just a piece a paper stating I owed them money. They sent me a collection notice. I asked for validation of the debt and sent it certified mail.. They sent me one notarized paper which was a bill of sale saying they bought the debt from another company. They sent this along with other paper that said names of companies who also purchased they debt in the past. None of these particular sales were notarized or had signatures like the first bill of sale did. Along with all this they sent a piece of paper that the original creditors name at the very top ,and below was my name, ss #,a former address, and an account number for the alleged debt, and the principle amount owed , and a APR. I then sent them another request for validation because it looked as if they had typed all this up themselves. I did not hear back from them. I then was served a summons at my home. I answered my summons. I then was sent a date and time to appear at pre-trial. I appeared at pretrial. I was told by the attorney that she had a debt that belonged to me and she was willing to take this one time offer of $xxx.xx Told them I do not recall this alleged debt. I asked her for a signed application, credit card statements, payment history, credit card receipts and anything else she had that could prove the debt was mine. She said she didn't have anything else. I told her I did pay the fee to go to trial and I was prepared to do so. The attorney said that I should be aware that she doesn't have to prove the debt is mine, and I actually had to prove the debt wasn't mine.I filed a motion to request for production of documents (asking for things I knew they did not have.), and a motion to strike their evidence as hearsay. Then a motion to dismiss with prejudice. I did not file any of these motions until close to the court date because I was trying to understand the laws of my state ect. A recommendation to anyone new at this is to file your motion to dismiss first. And try to file your motions early so you don't have to hear crap from the Plaintiff. My state says you can file them at any time .But today the attorney said the reason I took so long to do all this was to waste the courts time, and tried to get this thrown out. The attorney replied to my motions for request for production of documents and motion to strike evidence as hearsay by mail saying I took too long to file my motions ect, and and he acknowledged the evidence as hearsay but the evidence should be admitted under case CRE 803 Teac Corp. v. Bauer, 678 P.2d3 (Colo. App.1984). Since I had a few days before court I responded to his response and took it to court in person and filed it .*For the new people going though this, I found it very helpful to have all my paper work organized in file folders in my briefcase. When the judge asked for certain things, it was easy to pull out quickly. I labled the top of each file folder so I could pull documents with ease. Link to comment Share on other sites More sharing options...
CreditFixCD Posted September 16, 2008 Report Share Posted September 16, 2008 GREAT JOB Fairy Enchantress 1 Link to comment Share on other sites More sharing options...
nascar Posted September 16, 2008 Report Share Posted September 16, 2008 Nice job! Link to comment Share on other sites More sharing options...
admin Posted September 16, 2008 Report Share Posted September 16, 2008 You are awesome. Plus, I love the way you just kept doing research and then asked one question at a time when you got stuck. Hear, hear. Great Job! Link to comment Share on other sites More sharing options...
Fairy Enchantress Posted September 16, 2008 Author Report Share Posted September 16, 2008 Oh thank you for the congrats everyone. I am still so happy! I love CIC and I am so appreciative we all have CIC. The members here are great and have great senses of humor too! I wasn't too nervous going in to court because of all the information I learned here. It took months to learn everything because I knew absolutely nothing about courts/laws. When I went in I was well prepared.I know I made a few mistakes on the way like not filing motions sooner.And not filing the motion to dismiss with prejudice first. All in all in worked out though.I did feel more prepared(thanks to all of you) than the cases I saw. When it was done, I couldn't believe how quick it was. I thought; wow all that learning for 1 1/2 hours of court time. But boy was it worth it , I won! Thank you CIC! Link to comment Share on other sites More sharing options...
LeslieR Posted September 16, 2008 Report Share Posted September 16, 2008 Well you must be pretty articulate and self-assured, and I give you lots of credit for your hard work leading up to court, and for not cracking under pressure. Way to go!!!!!!!!!! Link to comment Share on other sites More sharing options...
Fairy Enchantress Posted September 16, 2008 Author Report Share Posted September 16, 2008 Well you must be pretty articulate and self-assured, and I give you lots of credit for your hard work leading up to court, and for not cracking under pressure. Way to go!!!!!!!!!!Awe... thank you.You are one of the members that I look up too. I am glad you are here! We are lucky to have you! Link to comment Share on other sites More sharing options...
joeyjoe68 Posted September 16, 2008 Report Share Posted September 16, 2008 Way to go!!!Going into court is ALOT like preparing to be in a play or a perfermance of any kind. The more you prepare and the better you rehearse the less likely you are to be nervous or forget anything when your "on stage". Good Job again!!! Link to comment Share on other sites More sharing options...
BTO429 Posted September 16, 2008 Report Share Posted September 16, 2008 I hope my case goes as well as yours. I am still trying to put it all together. Need a lot of help with it. but any way great job. Link to comment Share on other sites More sharing options...
Fairy Enchantress Posted September 16, 2008 Author Report Share Posted September 16, 2008 Thank you Joeyjoe68 and BTO429!BTO429 try and post some questions so we can all help with what we can. I asked so many stinking questions, I was embarrassed. It helped me out though by asking. The more I asked the more it helped me understand. Also the reading of laws and statutes became much easier.So keep trying hard like you have. I know you can do this! You are a Gunnery Sergeant Retired! Link to comment Share on other sites More sharing options...
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