BayChick

Oh My God!!! I WON TODAY, THANKS TO EVERYONE!!!

Recommended Posts

So i had court 9:30 am, I go thru medal detector, use restroom( bit nervous) and have a seat in the chambers.

Not a busy day only a few people, Its the second trial I've had and i see a "lawyer" not the same from the CMC but one i'd seen at my 1st trial. 2-3x's.

He says outloud >"Ms. Baychick?" he goes outside >"Ms. Baychick?"

Im thinking >":shock:crap"

He comes back in fills out the slip and hands to bailiff and again >" Ms. Baychick"

looks at a lady >" Are you Ms. Baychick?" she says> "No", he goes back out.

His probably thinking> " Cha Ching Default"

Im thinking >" hope he doesn't came back inside"

He does. Judge comes out and the 1st case is called, they talk for 10 mins and are on their way.

Calls Fortis Capitol vs Ms. Baychick, the "lawyer" gets up and then me....He says >" Mr. Wishing for a Default, here for Fortis Capitol", Judge says> "Are You Ms. Baychick?" I say>" Yes", Judge says " Are we gonna proceed with trial?"

Me> Looking at lawyer with blank stare for some reason.. " Oh um yes"

"Lawyer says> " Ive been sent to ask for a DISMISSAL W/OUT PREJUDICE"

WoW Im 10 pound lighter:p.... We Exit.. His attitude is totally " Ill get sum1 Next Week" He has NO papers with him, totally just there for defaults... if id researched a bit more, Im positive i could have won my 1st case, Oh well. THANK YOU THANK YOU THANK YOU To ALL FOR ADVISE!!!! Special Thanks to ficofightr, i think that challenging their CC 98 did it!!!!

Edited by BayChick
Link to post
Share on other sites

I discovered that half of life is just showing up and that lawyering is as much about images and intimidation is it is about actual substance. I am so proud that you saw this through, despite your nervousness. This forum is great isn't it?!!! :)

BTW, you challenged the CCP 98 declaration in lieu of testimony eh? Would you mind sharing what you did to oppose it?

Link to post
Share on other sites

First the Declerant was beyond the 150 miles allowed without a chance to cross examine. Also they tried to give an BoGus address that was within 150 miles, i researched it and all that was coming up was a Storage Unit and Computer Consulting Firm witch i stated in my Motion in Limine. I filed it and sent them a copy :lol:!!! I believe the "lawyer" was there just for a default, or when he called my name, hoping to settle. Like i said he had no papers with him and after we we finished he walked out got in his car and took off.

Link to post
Share on other sites

Congrats, BC. You beat them at their own game. After you get the clerk's dismissal in the mail, you should seek costs unless you got a waiver. With a judgment for costs in your favor, you may well be able to trade it for a dismissal with prejudice.

In any event, nice going!

Link to post
Share on other sites

Congratulations, it is truly empowering to be able to fend off these zombies using the information available here. I know how great you feel. I am just starting up another one and I am excited because each one I do is one more thing I get off my credit report.

Great job!

FattyZ

Link to post
Share on other sites

I urge you to remain vigilant here. I'm not familiar w/ California's Code of Civil Procedure, but most jurisdictions allow a plaintiff to refile a complaint if it's been dismissed without prejudice. This is a common tactic for pro se litigants. They lull them into thinking they've won their case and then refile, hoping to fly under the radar and get a judgment afterwards.

Link to post
Share on other sites

It costs more than $300 to file an answer in California (depending on the amount in controversy). You can claim this and other costs you incurred. You will then have a judgment in your favor for the amount awarded. Then the fun begins. You can now collect the debt from them. If you wish, the plaintiff will often agree to file a dismissal with prejudice in exchange for a waiver of costs.

I'll help if you want me to walk you through the procedure.

Link to post
Share on other sites

I am in the process of suing 2 credit card companies they were just served i amin PA they are in NV an CA they refuse to validate or answer anything but what ever the CRAS want to here so I filed in some claims court we are sent for 1-8-2010 and I am waiting for my day in court i have sent so much certified mail to all in volved it kills me you have to be like a dog with a bone and just fight them. I am also working on getting all this to capital hill . the #CRA'S are a joke and need to be reformed they are not hekping us that is for sure

Link to post
Share on other sites
Guest
This topic is now closed to further replies.