ScorpioCA

A win in Califonina against LVNV!!!

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Yahoo!!! I went to my trial readiness today and the Plaintiff attorney came in to Dismiss without prejudice...I did object and asked for case to be dismissed WITH prejudice in which he asked when was the accounts last activity...I said according to Plaintiffs file 12/2007 and he decided to dismiss without prejudice, i think because he was telling me the SOL is already up so it doesnt matter.

Thank you CAlawyer,RTE and everyone else who gave their opinion.

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Congrats! What do you suppose made them fold? (My case is coming up for court-ordered arbitration so I always like to know how these wins happen.)

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:BigDance:

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Another Beatdown, Had to give admin a plug for her book Good Credit Is Sexy Kristy Welsh (Author)

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Congrats! What do you suppose made them fold? (My case is coming up for court-ordered arbitration so I always like to know how these wins happen.)

I did everything everyone suggested. Sent for Discovery which was 15 pgs , sent BOP ,request for further BOP,attempted to serve subpoena, filed MIL for declaration of debt,

and filed my pre trial readiness report. I am sure they dismissed because there docs did not show the specific acct number or name and statements did not show any transactions just accumulation of interest.

PM me and I can send you what I was going to use in my defense.

Good luck!

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Without predjudice means you can be retried again?

"Depending on the country, a criminal proceeding which ends prematurely due to error, mistake, or misconduct, may end as being dismissed with prejudice or without prejudice. If the case ends without prejudice, the accused in the case (the defendant) may be retried. If the case ends with prejudice, the effect on the defendant (for the purpose of punishment) is the equivalent to a finding of not guilty and they cannot be retried."

http://en.wikipedia.org/wiki/Prejudice_(legal_procedure)

they tried the same move on me, my response was "Your honor I have been more than patient in asking the plaint for proof of a contractual obligation. Plaintiff never responded adequetly to BOP and has not produced any SHRED of evidence of an obligation between me and the plaintiff. It obvious that plaintiff doesn't have sufficient EVIDENCE to prove a contractual obligation, and I warned them on my follow up BOP that I would ask for the case to be dismissed at trial. Plaintiff is in violation of section CCP 454. I move for JUDGEMENT for the Defendent".

I congratulate you on your victory, but they might come back. If they do, what I just posted might help.

.. at least you held them off for now and have documentation that thier case is insufficent.

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Without predjudice means you can be retried again?

"Depending on the country, a criminal proceeding which ends prematurely due to error, mistake, or misconduct, may end as being dismissed with prejudice or without prejudice. If the case ends without prejudice, the accused in the case (the defendant) may be retried. If the case ends with prejudice, the effect on the defendant (for the purpose of punishment) is the equivalent to a finding of not guilty and they cannot be retried."

http://en.wikipedia.org/wiki/Prejudice_(legal_procedure)

they tried the same move on me, my response was "Your honor I have been more than patient in asking the plaint for proof of a contractual obligation. Plaintiff never responded adequetly to BOP and has not produced any SHRED of evidence of an obligation between me and the plaintiff. It obvious that plaintiff doesn't have sufficient EVIDENCE to prove a contractual obligation, and I warned them on my follow up BOP that I would ask for the case to be dismissed at trial. Plaintiff is in violation of section CCP 454. I move for JUDGEMENT for the Defendent".

I congratulate you on your victory, but they might come back. If they do, what I just posted might help.

.. at least you held them off for now and have documentation that thier case is insufficent.

The SOL has now passed..the judge made me aware of the SOL when he asked when the acct was Charged Off which was 12/07 and the attny for the other side also said after we left court "I guess you dont have to worry about this case since the SOL has been reached she also suggested that I hold on to all papers so that no one else will bother me.

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Congratulations!

I thought I saw a courthouse, way off toward the west, that had a puff of smoke above it that quickly vanished into nothing...

Good job. :)

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The SOL has now passed..the judge made me aware of the SOL when he asked when the acct was Charged Off which was 12/07 and the attny for the other side also said after we left court "I guess you dont have to worry about this case since the SOL has been reached she also suggested that I hold on to all papers so that no one else will bother me.

We'll yes if they have to retry you again from start you can claim SOL, that might not stop a JDB from suing again.

What I'm trying to point out is the whole idea of a BOP is to KILL a case at trial for violation of CCP 454 which states that plaintiff is barred from producing evidence at trial. It's your right to bring that up at trial, the reason for the BOP and follow up BOP.

Watch The Peoples Court on breach of contract cases. First thing judge asks for in BOC case is "Ok let me see the contract with signature"(step 1). No contract no case. No contract insufficient evidence.

As a defendent your job is to shake the plaintiffs hand for the contract.

No contract, then you should say at trial "motion for judgment for defendent, lack of evidence".

Not trying to be hard on you, this is for all the people who are still working on thier case to understand what they're goal should be "get the plaintiff to produce a contract or plead 'insufficient evidence' at trial", via BOP in open account cases, in Calif and possibly other states where BOPs are ok.

Glad it worked for you, just pointing this out so others know thier rights and know when and how to enforce them. Espeicially, since there have been members here who have been sued twice or more on same debt.

I do congratualte you tho.

Edited by ADSOFT

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We'll yes if they have to retry you again from start you can claim SOL, that might not stop a JDB from suing again.

What I'm trying to point out is the whole idea of a BOP is to KILL a case at trial for violation of CCP 454 which states that plaintiff is barred from producing evidence at trial. It's your right to bring that up at trial, the reason for the BOP and follow up BOP.

Watch The Peoples Court on breach of contract cases. First thing judge asks for in BOC case is "Ok let me see the contract with signature"(step 1). No contract no case. No contract insufficient evidence.

As a defendent your job is to shake the plaintiffs hand for the contract.

No contract, then you should say at trial "motion for judgment for defendent, lack of evidence".

Not trying to be hard on you, this is for all the people who are still working on thier case to understand what they're goal should be "get the plaintiff to produce a contract or plead 'insufficient evidence' at trial", via BOP in open account cases, in Calif and possibly other states where BOPs are ok.

Glad it worked for you, just pointing this out so others know thier rights and know when and how to enforce them. Espeicially, since there have been members here who have been sued twice or more on same debt.

I do congratualte you tho.

I see what you are saying. Thanks I will keep this in mind.

Its good information.

thanks

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You could also try the PFD strategy for the costs but if it is SOL that might possibly backfire so forget I even said that.

So get that cost memorandum out to them make sure you include the costs for all your trial exhibits you have printed up and court fees(unless you have a fee waiver, them they owe the court. Other than that you really cannot make your time up, or copying costs.

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The SOL has now passed..the judge made me aware of the SOL when he asked when the acct was Charged Off which was 12/07 and the attny for the other side also said after we left court "I guess you dont have to worry about this case since the SOL has been reached she also suggested that I hold on to all papers so that no one else will bother me.

Good advice!

Congratulations!

You also have the option of suing them for any FDCPA and/or Rosenthal violations that they made.

National Association of Consumer Advocates | Consumer Protection Advocates and Attorneys - Help for Consumers.

Interview some consumer attorneys near you, and see what they think. Doesn't hurt. Never know, you may end up costing them more money than they even paid for the debt. :p...always a total bonus!

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