Savoir Posted September 20, 2010 Report Share Posted September 20, 2010 BV80, jackson212, nobk4me, KentWA, Massive, willingtocope, and especially skippy1960 and chuckygee ........ Thank you one and all.Just got back from court facing a summary disposition and won it ..... without even saying a word ..... Judge asked Plaintiff if affidavit was timely. He said, "I believe so."Judge said "From what I see here on the record, it wasn't. I think we have an issue of personal knowledge also. I can't grant you summary disposition for an account stated theory based on this."Judge looked at me and said, "You can go."I would never have been able to get through this without this board and all the generous members who so graciously donate their time, resources and advice.Again, thank you from the very depths of my heart. Link to comment Share on other sites More sharing options...
FL4answer58 Posted September 20, 2010 Report Share Posted September 20, 2010 Wow !! Great news.My opologies I didn't know from your last post that you had already been filed with SJ when I posted.Was this MTD? Link to comment Share on other sites More sharing options...
Savoir Posted September 20, 2010 Author Report Share Posted September 20, 2010 (edited) Wow !! Great news.My opologies I didn't know from your last postthat you had already been filed with SJ when I posted.Was this MTD?I really don't see anywhere that you responded to any of my posts ..... but if you have .. thank you very much ......... I'm sure it came in handy.Now that I'm thinking about it ........ I should probably file a motion to dismiss ... now that I've kicked the legs out of their Account Stated theory ... do ya think??I'm just learning here ....... Any input??? Edited September 20, 2010 by Savoir Link to comment Share on other sites More sharing options...
RebelLady Posted September 20, 2010 Report Share Posted September 20, 2010 That is such great news, especially for you. I'm sure you're relieved!! xdancex xdancexThis site and all the folks you mentioned are such a wealth of knowledge for beginners like me. I can't tell them how much I've learned from them, too. Thanks seem so inadequate but thanks to them all from me, too RL Link to comment Share on other sites More sharing options...
Savoir Posted September 20, 2010 Author Report Share Posted September 20, 2010 (edited) My thanks doesn’t seem very adequate ... they are GREAT people ... I hope to be able to help others the way that those that I mentioned (and others) have helped me ... in the future ... I'm still learning ... Edited September 20, 2010 by Savoir spelling Link to comment Share on other sites More sharing options...
Massive Posted September 20, 2010 Report Share Posted September 20, 2010 Great job Savoir!! Link to comment Share on other sites More sharing options...
Savoir Posted September 21, 2010 Author Report Share Posted September 21, 2010 Great job Savoir!!I'm not sure I could have done it without your encouragement .... thank you VERY much Link to comment Share on other sites More sharing options...
BV80 Posted September 21, 2010 Report Share Posted September 21, 2010 Congratulations! You answered the complaint, did everything you should do, and showed up for court. Everything the JDB was hoping you WOULDN'T do. It's amazing how afraid we are at first of these JDBs, but once we learn how to fight them, it's not so scary anymore. The phrase "knowledge is power" is 100% true.You could file a motion to dismiss. I'd be very surprised if the JDB didn't drop the lawsuit before the hearing. Link to comment Share on other sites More sharing options...
FL4answer58 Posted September 21, 2010 Report Share Posted September 21, 2010 (edited) I really don't see anywhere that you responded to any of my posts ..... but if you have .. thank you No problem - I wasn't digging - I just felt like an idiot for not reading your prior threads on your particulars, before I jumped in offering to help on a question you already had fully answered. My bad. Need to read everything before help is offered. I still feel new to posting...lesson learned. Edited September 21, 2010 by FL4answer58 Link to comment Share on other sites More sharing options...
Savoir Posted September 21, 2010 Author Report Share Posted September 21, 2010 Congratulations! You answered the complaint, did everything you should do, and showed up for court. Everything the JDB was hoping you WOULDN'T do. It's amazing how afraid we are at first of these JDBs, but once we learn how to fight them, it's not so scary anymore. The phrase "knowledge is power" is 100% true.It's sort of funny when I think about it. I sat in the court house parking lot for 1/2 hour debating with myself about even going in. I finally decided that I wasn't going to waste all the time & paper work that I had into it and dragged myself into that room, still VERY unsure of myself. I really don't know if I could have said anything even if I had to.You could file a motion to dismiss. I'd be very surprised if the JDB didn't drop the lawsuit before the hearing.I want to do this right so would I file a MTD under the assumption that they failed to prove their prima facie case against me or failed to state a valid claim or ..... ???How would I word it? Link to comment Share on other sites More sharing options...
BV80 Posted September 21, 2010 Report Share Posted September 21, 2010 I want to do this right so would I file a MTD under the assumption that they failed to prove their prima facie case against me or failed to state a valid claim or ..... ???How would I word it? I'm going to let the big guns on these boards handle that question. To be honest with you, I've never had to file a MTD. The 2 JDB cases against us were dismissed by the Plaintiff right after the court sent out the rosters for the case. They knew we were going to show up.But...either one of your suggestions to dismiss would probably fit your case, because the JDB hasn't fulfilled either one of them. Here's a link from the boards that might help you. Go to "Sample Forms, Motions, Affirmative Defenses". The 2nd post is a sample Motion to Dismiss Complaint. You would need to include case law from your own state though. You can probably find that on your state's Supreme Court website. You just have to do some searching.http://www.debt-consolidation-credit-repair-service.com/forums/forumdisplay.php?f=198Good luck and good work! Link to comment Share on other sites More sharing options...
Savoir Posted September 22, 2010 Author Report Share Posted September 22, 2010 I'm debating about filing a MTD but am a little concerned that the Judge may rule "without prejudice".If I wait until the trial date .... the plaintiff may just dismiss which is basically "without prejudice".If I wait until the trial date and they don't show because they don't have a case ....... is it an automatic dismissal "with prejudice"??? Link to comment Share on other sites More sharing options...
saint al Posted September 24, 2010 Report Share Posted September 24, 2010 Just wanted to say "way to go"! Everyone gets the hebie gebies first time out then we're amazed when it works. Be Bless! S.A. Link to comment Share on other sites More sharing options...
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