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Can a JDB win w/ just a BOS?


VLDCA
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Crap I am dying here! Went to trial on Monday Morning against JDB, It was a trailing trial. My trial was set last mth & I improperly subpoenaed the witness. (I signed my own subpoena) So court ordered the CCP 98 out or another Custodian of Records. So I get another Custodian of Records & the CCP 98 was stricken & court was to rely soley on this testimony.

So I was able to knock out the BOS affidavit (had my name account & amount on it), knocked out the CC ageements & Statements. The only thing that was let in was the BOS & it had my name, account number & NO amount on it. I MTS the witnesses testimony yet I said it wrong so the

Court will regard it as a motion for non-suit at a later time.

My question is can they win on this alone? I still have no verdict. :rolleyes:

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Thanks for responding so quickly! xangelx

I denied the debt. Boy no one told me I would have 30mins of him badgering me! I cried it was so bad!

The JDB Atty was telling the court he could win w/ just this alone & that I lied about the statements. However I did get 3 out of 4 of their evidence thrown out. I was arguing standing & a break in the chain which I hope I was able to prove w/ their evidence.

I would think they would need something to back up the $3000.00 they are saying I allegedly owe. The BOS didn't have this on there & the statements weren't let in.

I just hate this wait. Its killing me. I am so tired...lol

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It's a coin flip...

From a common sense perspective, if there's no dollar amount on the bill of sale, how can they prove $3k? They can't since all the other "evidence" was precluded.

However, law and logic do not necessarily follow each other.

I'd personally start prepping for an appeal just in case...

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It's a coin flip...

From a common sense perspective, if there's no dollar amount on the bill of sale, how can they prove $3k? They can't since all the other "evidence" was precluded.

However, law and logic do not necessarily follow each other.

I'd personally start prepping for an appeal just in case...

Thank you!

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denied the debt. Boy no one told me I would have 30mins of him badgering me! I cried it was so bad!

Care to elaborate on the badgering!!! Inquiring minds want to know.....just to help get prepped.

:(sorry that you had it rough in there. How did the judge seem to take the "badgering"?

*fingers crossed* for the RIGHT outcome!

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denied the debt. Boy no one told me I would have 30mins of him badgering me! I cried it was so bad!

Care to elaborate on the badgering!!! Inquiring minds want to know.....just to help get prepped.

:(sorry that you had it rough in there. How did the judge seem to take the "badgering"?

*fingers crossed* for the RIGHT outcome!

Well he asked me if it was my name & address on the statements I said yes. How long I lived there I told him. He asked did I open the account & I said "I don't recall" & that was it, he was not happy. He just asked if I made certain charges, payments, credits, did anyone else live w/ me. He got so mad at me he asked if I had a mental problem that causes me not to recall. I looked at the judge & the judge said what he is asking was if I was on medication at the time. I said no. He would go back to the same questions over & over & just rephrase them. He even said it looks like you like eating out at Burger King, don't you? He tried to trip me up & I kept not recalling & at one point he asked me if I knew I was sworn in under penalty & perjury & I said yes. He went on to tell the judge he could get me for this but he wouldn't.

His closing statements was 90% about me allegedly lying. Yet they couldn't prove any of these statements came to me & couldn't prove any charges were made by me. It mad him so angry. After trial he wanted to start in on me again & the sherriff had to ask him to take it in the hallway, well I ran out & cried in my car. It was so upsetting. No one prepared me for this. Srsly I just thought they would ask a handfull of questions keep their composure & that was it. I was more professional than he was when his witness got caught having the atty (HIM) help her w/ an answer to my question.

I hope no one else goes through this. The judge did finally tell him he had to wrap it up. Unlike his witness I had no one to hide behind. We just sat at the tables & they sat next to each other & I sat on my side alone. There was no going up on the witness stand like you see on TV.

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Well he asked me if it was my name & address on the statements I said yes. How long I lived there I told him. He asked did I open the account & I said "I don't recall" & that was it, he was not happy. He just asked if I made certain charges, payments, credits, did anyone else live w/ me. He got so mad at me he asked if I had a mental problem that causes me not to recall. I looked at the judge & the judge said what he is asking was if I was on medication at the time. I said no. He would go back to the same questions over & over & just rephrase them. He even said it looks like you like eating out at Burger King, don't you? He tried to trip me up & I kept not recalling & at one point he asked me if I knew I was sworn in under penalty & perjury & I said yes. He went on to tell the judge he could get me for this but he wouldn't.

His closing statements was 90% about me allegedly lying. Yet they couldn't prove any of these statements came to me & couldn't prove any charges were made by me. It mad him so angry. After trial he wanted to start in on me again & the sherriff had to ask him to take it in the hallway, well I ran out & cried in my car. It was so upsetting. No one prepared me for this. Srsly I just thought they would ask a handfull of questions keep their composure & that was it. I was more professional than he was when his witness got caught having the atty (HIM) help her w/ an answer to my question.

I hope no one else goes through this. The judge did finally tell him he had to wrap it up. Unlike his witness I had no one to hide behind. We just sat at the tables & they sat next to each other & I sat on my side alone. There was no going up on the witness stand like you see on TV.

And the judge just sat there even through this?!?!

Hard to imagine, you gotta just assume that these JDB attorneys are scum, it takes a certain breed of person to go after those who have and are hitting rock bottom.

It sounds like you held up pretty good considering, crying in your car is okay, just not in front of the a**wipe attorney lol ;) Thank you for posting the details. That part is over! If you do lose I would definately appeal, make that jerk do some work!!!8-)

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Well he asked me if it was my name & address on the statements I said yes. How long I lived there I told him. He asked did I open the account & I said "I don't recall" & that was it, he was not happy. He just asked if I made certain charges, payments, credits, did anyone else live w/ me. He got so mad at me he asked if I had a mental problem that causes me not to recall. I looked at the judge & the judge said what he is asking was if I was on medication at the time. I said no. He would go back to the same questions over & over & just rephrase them. He even said it looks like you like eating out at Burger King, don't you? He tried to trip me up & I kept not recalling & at one point he asked me if I knew I was sworn in under penalty & perjury & I said yes. He went on to tell the judge he could get me for this but he wouldn't.

His closing statements was 90% about me allegedly lying. Yet they couldn't prove any of these statements came to me & couldn't prove any charges were made by me. It mad him so angry. After trial he wanted to start in on me again & the sherriff had to ask him to take it in the hallway, well I ran out & cried in my car. It was so upsetting. No one prepared me for this. Srsly I just thought they would ask a handfull of questions keep their composure & that was it. I was more professional than he was when his witness got caught having the atty (HIM) help her w/ an answer to my question.

I hope no one else goes through this. The judge did finally tell him he had to wrap it up. Unlike his witness I had no one to hide behind. We just sat at the tables & they sat next to each other & I sat on my side alone. There was no going up on the witness stand like you see on TV.

Just so you know, but more importantely others reading are aware, you can object if you are acting as your own attorney, even though you are in the witness box. It's actually pretty fun.

Also, don't be intimidated !!!! I had the two attorney's for the other side that refused to even speak with me off the record. The Judge would say something like, you need to get together and come up with (whatever) and they would state they wanted all communication with me on the record.

Throw the first punch and it takes them by surprise.

Edited by Coltfan1972
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Yup the judge did really just sit there. Makes ya wonder. Oh well TG its over with. Still no verdict.

Objection- Badgering

Objection- irrelevant

Objection- no foundation

Did he approach you while in the witness box, if so, did he ask to approach the witness. If not, objection !

The Judge is not on anybody's side and he will just sit there and watch. They may want to but, without objections, let's wrap this up is pretty much about all you will get.

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Trailing trial, so if I win it will be WITH. This Atty was good & it took us 1.5hrs in court. I had to cross examine the Custodian of Records from the JDB & then of course he uses me as his witness. :shock:

But yes it was a trial.

Hi VLDCA,

I'm so sorry to hear that you had a bad experience especially after you won your other case. BTW- what is a trailing trial? And what was the difference between this case and your last case? Did you not get interrogated by the JDB lawyer in your other case? Was evidence excluded in your last case? Maybe the JDB lawyer knew you won your last case and just let you have it. But I agree with Coltfan about objecting. Hope everything goes your way. As 1ststep stated there's always an appeal but I know that's not where you want to go.

helpme:)++

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Got a ruling!!!!!!!!!! :BigDance:

The Court, having previously taken the Court Trial under submission, now rules as follows:

The Court finds judgment for Defendants XXXX XXXX against Plaintiff Portfolio Recovery Associates

LLC.

The clerk is directed to give notice.

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Hi VLDCA,

I'm so sorry to hear that you had a bad experience especially after you won your other case. BTW- what is a trailing trial? And what was the difference between this case and your last case? Did you not get interrogated by the JDB lawyer in your other case? Was evidence excluded in your last case? Maybe the JDB lawyer knew you won your last case and just let you have it. But I agree with Coltfan about objecting. Hope everything goes your way. As 1ststep stated there's always an appeal but I know that's not where you want to go.

helpme:)++

Thank You!!

My hearing date was set for last mth & I had subpoenaed the witness to show & I improperly did so by signing my own subpoena. At trail last mth the judge then put in an order to have her or someone else show & continued the trial. So the trial had started & cont. a mth later. So its trailing. If someone else can explain it better please do. I am by no means a lawyer. :wink:

My last trial went so smoothly it was also a trailing trial. My trail had started in that one & b/c it was going to take longer than the judge had time for & I had subpoenaed (properly) the CCP 98 witness, she gave them an extra day to get her here. So that made it trailing as well. That Attorney never asked to put me on the stand. I had his CCP 98 & all evidence thrown out in that case (no witness showed up) & won that day-Dismiss with prejudice. That case was against Midland Funding & that attorney wasn't good at all.

OMGosh Thanks to everyone who responded to me on this thread I was frking out!!! I really appreciate you being here for me today!!! It means SO much!!! :mrgreen:

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Got a ruling!!!!!!!!!! :BigDance:

The Court, having previously taken the Court Trial under submission, now rules as follows:

The Court finds judgment for Defendants XXXX XXXX against Plaintiff Portfolio Recovery Associates

LLC.

The clerk is directed to give notice.

::travolta:::multibounce:

AWESOME! so even though the judge just sat there (as coltfan rightly pointed out, due to lack of objections) he obviously didn't care for their intimidation tactics! or lack of case!

VLDCA, do you mind sending me a pm with info about how you were able to get the evidence in both trials thrown out, I will also look through your posts. I am not in cali, but my state is lacking in case law in regards to cc debt cases to get an idea.

congrats!

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Member of board gets sued by JDB

Member decides they will fight back

Member tells JDB to go pound sand we're going to trial

Member shows up at court and represents themselves

JDB, knowing they are full of it and can't win on the admissible evidence tries to intimidate member during the trial.

Member won't waver on attacking their lack of standing and won't back down

Judge rules for member.

JDB attorney and JDB owned by pro se litigant, PRICELESS !!!!!!!!! ::BigGun::

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OMGosh I LOVE you guys!!!! I can't thank everyone enough!! I will start a thread on what all happened. I won 2 cases at trial against Midland Funding & Portfolio Recovery both WITH Prejudice. So I will write it all out on how YOU all help me win!!

Seadragon, baby you rule!!!!! You helped me so much w/ both cases & :boxing: BAM!! I WON!!!!

chiquita55, you were with me down to the end & I can't thank you enough for always being there when I needed someone to listen to me, I appreciate it!

Coltfan1972, you called it!!

1stStep, Thanks for being there for me as well & responding so quickly to my thread!!

notgoingdown1, I will certainly message you & let you know what I did.

The main thing is to fight & hang in there no matter what! Don't give up!xangelx

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i just found this now ! you won hooray !!!!!!! 8-)

Personally i think it's great that you took that pounding on the stands ...i mean i dislike the fact that he caused you emotinal anguish ... but the thing is , he ended up focused on trying to get you to admit the same thing over and over and over again instead of trying to get you on other points ..plus like the others have said , it couldn't have made a good impression on the judge ...

yeah USA USA USA USA !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! WOOOO HOOOOO!!!!!!!!!!!!!!!!!!!!!!!!!!!!

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VLDCA Congratulations!!!!::rockon::

:wave: :wave: :wave:

Thank You for your explanation and details about your case. My case is also against Midland so I need all the encouragement I need. Can you also pm me as to how you got the evidence thrown out from both your cases especially thrown out with Midland. TIA. :mrgreen:

::allhail::

Edited by helpme
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Well he asked me if it was my name & address on the statements I said yes. How long I lived there I told him. He asked did I open the account & I said "I don't recall" & that was it, he was not happy. He just asked if I made certain charges, payments, credits, did anyone else live w/ me. He got so mad at me he asked if I had a mental problem that causes me not to recall. I looked at the judge & the judge said what he is asking was if I was on medication at the time. I said no. He would go back to the same questions over & over & just rephrase them. He even said it looks like you like eating out at Burger King, don't you? He tried to trip me up & I kept not recalling & at one point he asked me if I knew I was sworn in under penalty & perjury & I said yes. He went on to tell the judge he could get me for this but he wouldn't.

His closing statements was 90% about me allegedly lying. Yet they couldn't prove any of these statements came to me & couldn't prove any charges were made by me. It mad him so angry. After trial he wanted to start in on me again & the sherriff had to ask him to take it in the hallway, well I ran out & cried in my car. It was so upsetting. No one prepared me for this. Srsly I just thought they would ask a handfull of questions keep their composure & that was it. I was more professional than he was when his witness got caught having the atty (HIM) help her w/ an answer to my question.

I hope no one else goes through this. The judge did finally tell him he had to wrap it up. Unlike his witness I had no one to hide behind. We just sat at the tables & they sat next to each other & I sat on my side alone. There was no going up on the witness stand like you see on TV.

Nice job! You have to ask yourself if crying is worth the money you are not going to have to pay and it's just my opinion, but I would say "yes". Tell yourself that this is character building, you stood up for yourself and won!

Even if they rule against you (my personal feeling is that they won't), consider this a victory. Plus, sharing your experiences really helps others.

:BigDance:

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