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Advice - Read and Re-read Everything


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Reading and re-reading everything related to your case may seem like common sense, however, it wasn't to me at first.  lol.  In fact, my case didn't really come together until I started reading everything thoroughly over and over.  I took notes.  I highlighted stuff.  That's when I started noticing all the discrepancies in the JDB "evidence."  At first I just glanced at the documents and the pleadings or just kind of skimmed over them.  It wasn't until I started reading in detail that things started jumping out.

 

At first glance, I assumed the cardmember agreement attached to the Complaint was correct.  Then I noticed it was a Canadian agreement.  That didn't apply to this account at all.  Then I realized in the Complaint they asked for interest starting from one date when they supposedly made their demand.  However, their discovery to me stated a date eight months later.  I noticed that the notary signature just seemed funky and compared it to the real notary signature on file.  On the redacted account with the account information, my date of birth was incorrect, calling into question the trustworthiness of their records.

 

I probably plodded along for about three months into the case before I really got down to business and started reading, highlighting and comparing everything.  That's when the details that helped me get a voluntary dismissal became apparent.  They just made so many mistakes that had I not read the documents closely would have escaped my notice.

 

Read your documents and paperwork as many times as you have to until they start to make sense.  Look for any little detail that may be wrong that you can attack.  At first it was all just like gibberish.  The more I read, the more sense it made and the more I caught their mistakes.  It's worth the time and effort.  It can make the difference between winning and losing.

 

Also, read tons and tons of forum posts.  Even if they don't seem to apply to your case, they may contain a comment or piece of wisdom that may help you.  Oftentimes in other people's posts, I found things that steered me to investigate options regarding my own case or gave me ideas of things to attack.  The more you read, the better your chances are to prevail.

 

I'm back to add one more thing.  :)  If they cite cases to you in discovery or whatever that seem to support their side, realize that you can probably find case law that supports yours.  Also, read those cases.  When I got my discovery back I was crushed at first because these cases they referenced seemed to put them in the right.  Thankfully, people here helped me find cases that supported my side.  Never take anything the other side says at face value.  They're hoping you will.

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I'm back to add one more thing.  :-)  If they cite cases to you in discovery or whatever that seem to support their side, realize that you can probably find case law that supports yours.  Also, read those cases.

 

Exactly.  Just because the creditor/JDB's attorney has quoted case law doesn't necessarily mean the citation is appropriate.  Read the details surrounding the citation.  It might be possible that the details and the reason for the court's statement don't apply to your case in any way.  You could make that argument in an opposition to their MSJ.  Also, there could be other cases cited in that case that could possibly help you.

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