bidasx

Judgement for the defendant?

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So thanks to everyone who helped me out. My questions were plastered here the past few days and I really appreciated the answers and help!! Judgment for the Defendant!! based on declaration violating CCP 98 then bill of sale/assignment was thrown out based on hearsay. Judge told the attorney it would be hard for him to prove anything without the bill of sale.

After the declaration was thrown out his first order of business was to call me to the stand. I was NOT prepared for this. I answered most questions with "I don't know." or "I don't have knowledge sufficient enough to answer." He made the comment I was lying and I objected due to hearsay lol... Judge told me it was just his opinion and I couldn't object. I did make a fool of myself at some point with my objections. I was objecting to everything.

Anyways I have a new question... at every corner I was moving to "dismiss with prejudice" based on lack of authenticated evidence. The judge finally granted "judgement for the defendant." I asked if it that was dismissed with prejudice and he said yes, it's judgment for the defendant. He told me I had to enter a judgment and serve it to the other guys within 5 days and submit it to the court within 10 days...

What do I need to put in the judgment form to make sure this is dismissed with prejudice?

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Congratulations! You won, big time.

You don't need to worry about "with prejudice." A judgment in your favor is just as good, if not better.

If the case is dismissed before the judge makes a decision, it can be dismissed with or without prejudice. But once the judge issues his verdict, it's either in favor of the plaintiff, or in favor of the defendant.

This is over. They can't come after you again. The case has been decided in your favor.

Now, I've never been in a case through judgment, but you might try using this form: http://www.courtinfo.ca.gov/forms/documents/jud100.pdf

You can always ask the court clerk if it's the correct form.

Be sure to check the boxes for them to pay your filing fees, and any other costs you incurred.

Well done!

DH

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No one can do it better! Congratulations my dear! Congrats! I am absolutely heartened at all the hard work and success you experienced. Now you are an expert in beating CCP 98 Declarations. Pray tell how you objected:)

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Congratulations.

Yes, you want a judgment instead of a dismissal. A judgment is by its own definition, with prejudice as it is a ruling on the merits.

Just make sure you get your forms in on time. CALawyer or the clerk of court should be able to point you in the right direction regarding forms.

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Judgment in favor of the defendant is the absolute nuts, it is what every defendant in a lawsuit hopes to achieve.

Now like FlaLawyer said it is IMPERATIVE that you get these documents entered on time! DO NOT put this off do it as quickly as possible! congrats!

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I have no idea what boxes to check or how many I can check?

I'm assuming I'd check boxes "By Court" and "After Court Trial" at the top as the judge made the judgment for defendant and the judgment was given after the plaintiff presented (or failed to present) his case... Also check 3b, 5b, and 6b?

I don't think I have any fees to collect from them as I submitted a waiver of court fees so didn't pay any filing fee as far as I remember. And anyways I'm sure I'd have to submit proof of these fees? Regardless I'm just looking to put this behind me, not collect anything from them.

Are there any costs for submitting a judgment?

Before I serve it to plaintiff do I need to get it signed by the clerk? or anything?

Edited by bidasx
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Ok I think I have all the right boxes filled out... Now I just need to know: Do I need to get it signed by anyone (judge/clerk) before serving to the plaintiff? Or is serving it to the plaintiff just a sort of notice that "hey this is what I'm sending to the court" and no sigs required.

When I submit to court do I need to get it signed by judge/clerk before too?

FYI this is JUD-100 form for CA

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For the paperwork, your best bet would be to go to the Clerks office and ask what you need to fill out and check mark based on your situation. Make sure to tell the clerk as to what happened. The clerk cannot give legal advice but they certainly can help you fill out the needed forms and what you need to do with them (which is the advice you need right now).

As for getting you on the stand and calling you a lawyer, I would what the judge would have said if you turned to the attorney and said "Can you prove it?" The attorney was probably annoyed that you threw out his best evidence and was even more annoyed that he could not get you to admit that the debt was yours (which was his only weapon left).

As for judgment for the defendant, that is even better than dismissal with prejudice because now, when the next JDB calls you (and they will), you can state that the issue has been resolved by the courts. In fact, I would get your recorded going because if they even mention lawsuit in the same call as this debt, they are in violation. This is the best you can do so once you get the correct form to the judge and plaintiff attorney, go have yourself a beer. You done good.

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Nice going. It nice to see a judge that follows the law. Plaintiff couldn't prove one of the elements of its case and the judge was correct in finding in your favor.

I just sent you a pm with instructions for filling out the form.

By the way, as the prevailing party, you are entitled to costs. That may just be the filing fee. But even if it is $200 or $300, you will have a judgment in your favor for that amount. Not bad for someone who started out the day as a defendant!

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Funny thing, I attempted to settle with him! I showed him my settlement offer and he was like "So you agreed to a settlement a year and a half ago, didn't pay it then now want a settlement on your own terms?" I told him I didn't agree to any settlement before (They submitted a stipulation for settlement a year and half before that I never agreed to). He then said something like "Well you could have had this settled a year and a half ago, we'll go ahead and get the judgment then you can figure out how to deal with that." I just shrugged and he walked off "Ok then."

After the Judge threw out the declaration he said the plaintiff was willing to settle per my previously offered terms. I smiled, refused and requested to proceed with the case lol...

Santa Clara County

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The thing with court is that in some ways, it is like a poker game. Even with discovery, you do not completely know what cards the other side has due to knowledge of the law.

The plaintiff felt that they could go in and win this so he was not interested in settlement until the defendant was able to show some of his hand. However, by that point, the defendant knew that he had a winning hand and was no longer interested in folding.

However, to do this involves having a fair dealer (judge).

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Dang, I also had a Judgment for the Defendant, and didn't file anything with the court - 'cause I didn't know I could/should. Anybody know what the deadline is in California?

I've blown it royally!

CJ

The clerk is supposed to prepare a judgement. I am not sure why the Court asked bidasx to prepare it. Look on line or go to the clerk's office to see if judment was entered in your favor. You will want to have a copy to dispute any adverse entry on your credit report or in case someone else ever knocks on your door about this debt.

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Hmmmm... this is puzzling. I did go to the clerk's office and inquired about the case. All I got from them was a copy of the minutes. That doesn't sound like it's what I really should have. Since this was a month ago, is it too late to ask the court clerk to do what she should have done in the first place?

Thanks to all that have chimed in!

CJ

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So thanks to everyone who helped me out. My questions were plastered here the past few days and I really appreciated the answers and help!! Judgment for the Defendant!! based on declaration violating CCP 98 then bill of sale/assignment was thrown out based on hearsay. Judge told the attorney it would be hard for him to prove anything without the bill of sale.

After the declaration was thrown out his first order of business was to call me to the stand. I was NOT prepared for this. I answered most questions with "I don't know." or "I don't have knowledge sufficient enough to answer." He made the comment I was lying and I objected due to hearsay lol... Judge told me it was just his opinion and I couldn't object. I did make a fool of myself at some point with my objections. I was objecting to everything.

Anyways I have a new question... at every corner I was moving to "dismiss with prejudice" based on lack of authenticated evidence. The judge finally granted "judgement for the defendant." I asked if it that was dismissed with prejudice and he said yes, it's judgment for the defendant. He told me I had to enter a judgment and serve it to the other guys within 5 days and submit it to the court within 10 days...

What do I need to put in the judgment form to make sure this is dismissed with prejudice?

Congrats,

btw, how did you bring up that the lawyer was violating CCP 98 at trial?

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Hmmmm... this is puzzling. I did go to the clerk's office and inquired about the case. All I got from them was a copy of the minutes. That doesn't sound like it's what I really should have. Since this was a month ago, is it too late to ask the court clerk to do what she should have done in the first place?

Thanks to all that have chimed in!

CJ

Do the minutes say Judgment for the defendant?

There is no time limit I am aware of. You can prepare one yourself and send it to the clerk with a cover letter asking that judgment be entered and copy the plaintiff on the letter (write: "cc James A Lawyer, ESQ., Attorney for plaintiff Bottomfeeder" so the Court knows that you are sending it to the opposing party). Enclose the minutes if they reflect that you won. Send a SASE and ask the clerk to return it to you when entered.

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I will do so and submit tomorrow!

This should help, since another law firm is sniffing around for the same OC

I sent the second firm the following:

~~~~

Dear Sirs,

This letter is being sent to you in response to a notice sent to me dated February XX, 2010. Be advised that this letter shall serve notice to your office that, as you know or SHOULD KNOW, the company that your represent; XXXX and the alleged debt has had it’s day in court. The Court Ordered Judgment for the Defendant. Therefore I have closed my files on this matter, and suggest you do the same.

Regards,

CJ

~~~~

I just don't know what I would do without this forum and all of the help and research tips given... just don't know... Thanks SO much Everyone!

CJ

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