Az Piano Lady 14

Thank You All!!---A Midland Win

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Az Piano Lady You rock I am glad you smacked them good. You worked hard in the toughest court in the country. You backed off a certified ahole CA. I think that you're willingness to help others is stellar

. :DiscParty:

 

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Harry,  Yes I did lose my other case for now.  I lost in justice court as most do , I appealed and won a reversal back to the same "justice court"  using the same argument against a telephonic witness.  And I am currently in appeal again, so I do not consider that a loss yet.

 

I am sorry you did. I am empathetic toward your plight. If you call it sour grapes it must be, because I think no person on here wants to hurt or make someone feel bad.   I don't think your comments to me did you justice

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Harry,  Yes I did lose my other case for now.  I lost in justice court as most do , I appealed and won a reversal back to the same "justice court"  using the same argument against a telephonic witness.  And I am currently in appeal again, so I do not consider that a loss yet.

If this chain of events doesn't prove my 'game of chance' point, what will it take to convince you all?

Win or lose on appeal, my point is still proven.

To put it another way, if it's not chance, then there must be a single way everyone can win. No one has been able to demonstrate this to be true. Absent evidence of a process, all that's left is chance.

For example:

- You get lucky and the witness doesn't show up (!)

- The trial court isn't convinced by the JDBs evidence

- The JDB witness doesn't testify to the elements from Parker

See the pattern? None of these things involve a tremendous amount of skill or effort on our parts. So again, all that's left is luck. You can pretend that's not what it is, but until someone shows us something that works every time, you're fooling yourself if you think chance didn't play a major role.

Lawyers know this, for Pete's sake. Why do you think the first question out of their mouths often times is "who is the judge?"

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There's a reason Midland ditched Kaplan last year.

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I don't think that I expended NO effort on my part.  I won my MOSJ, I went to arbitation and won.  And I went to trial and won.  You have the right to post on my thread  some asinine thing of run up debts and don't pay.  How many accounts in the last three or four years have you and buddy Goody had???  Huh  Harry???

 

Goody only came to my trial to hope I would lose.  So I would go down in the CIC annuals as stupid for not taking their settlement offer.

 

You really do a disservice to this forum , anymore.  At least to my thread. And goody is about as negative as you.  The JDB atty firm has nothing to do with a win or loss Goody.

 

Move on

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THANK YOU Piano Lady. It's about time. They should make you moderator.

Congratulations on your wins BTW , it's really hard to believe this is a victory thread.

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 You have the right to post on my thread  some asinine thing of run up debts and don't pay.  

 

I think you meant you have NO right.

 

I believe you can set up "ignore" on your thread so they can't post. It  would probably  help the win rate there in AZ.

 

Harry if you are foolish enough to believe it was luck that causes you to lose; hopefully you are still bright enough to consider it may actually be Karma.

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Everyone, it's time for the insults to cease.  If no one has anything of substance to offer, this thread will be locked.

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The JDB atty firm has nothing to do with a win or loss Goody.

 

 

Not trying to be negative, but people will come here for help - that's the whole point, isn't it? It doesn't help anyone to be intellectually dishonest about the facts.

 

If Midland decides to re-litigate this matter, correcting Kaplan's many errors along the way, what can be taken and re-used from this win? 

 

My takeaways are (1) vociferously deny any knowledge of the debt and (2) concentrate on preventing telephonic witness testimony.

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What can be taken away is, it is crucial to get past MSJ, which I did. Why??  Because the affadavit supplied could not attest to the previous alleged owner before the OC.  Also , they relied on that same affadavit in mandatory arbitration, brought no witness and lost in that arbitration.

 

Why they spent more money and appealed the arbitrators decision beats me?/  I had an atty tell me he has never seen them do that.  It should have been over then and my costs returned. BTW  they also motioned to have their atty appear telephonically at the arbitration(trial) which was denied.

 

Your comments about a certain atty firms mistakes are not true. Another popular atty firm in Tucson has made mistakes as well.  

 

So takeaway what you wish, I have posted things on my thread to help others. I welcome anyone who cannot wade through all this nonsense since I posted the win post to PM me. I will be glad to continue to help! ::daisy::

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@Az Piano Lady 14

I didn't say you didn't put out any effort. I'm saying there are a lot of cases where people work just as hard and do everything "right" but can't win because the JDBs have a winning formula that cannot be trumped by anything we do. If they don't follow that formula (which is what happened in both of your cases) then we can get a foothold and use that to possibly get a dismissal in our favor.

On the other hand, this guy did everything completely wrong but the court still dismissed the JDB's case. If it's not luck, what do you call it? (Seriously. Read this case before you respond.)

http://www.courtminutes.maricopa.gov/docs/Lower%20Court/122013/m6097285.pdf

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Harry if you are foolish enough to believe it was luck that causes you to lose; hopefully you are still bright enough to consider it may actually be Karma.

Karma.... as in I deserved to lose. A scientifically unproven belief that I need to be supernaturally punished by a JDB for being naughty is, in your mind, a more plausible explanation than a chance happening?

Un-believable.

In 2 years my name will be synonymous with the guy that first said "beating a JDB in Arizona is by and large luck." I will then want an apology from you all.

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OMG - that case is astounding. That guy found the road map! So by saying card was stolen, without framing it as an affirmative defense, leaves the plaintiff having to prove that something that never happened, never happened.

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OMG - that case is astounding. That guy found the road map! So by saying card was stolen, without framing it as an affirmative defense, leaves the plaintiff having to prove that something that never happened, never happened.

Yes, except you have to get lucky enough in the first place to get a judge to see it this way.

Edit: and! You can never show up for anything. You can't respond to an MSJ, can't go to trial. Nothing. Who here has the nerves to go through with this?

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Yes, an interesting read. However if it is the law is it luck? Or in our world can every law be interpreted in a different way??

 

I never debated that everyone in here worked as hard as I did. Ever. Look at all the motions Howell had in her case. My file was huge as well as all ours are. 

 

@Anon Amos.  As I do believe in Karma, it was Unfair of you to say that to Harry. Please refrain from any more of this on my thread

Lets keep this informative NOT combative. Please.

 

If the billing statements get admitted over our objections the attys ask could it be identity theft??  Goody heard the atty ask me that after the trial was over?/   It seems we could ponder this issue a little more .

 

But I would not call that case "dumb luck"  Who knows if it worked out as planned.

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Or in our world can every law be interpreted in a different way??

Ok, are you screwing with me now? You do realize this is what I have been saying all along, right?

 

If the billing statements get admitted over our objections the attys ask could it be identity theft??  Goody heard the atty ask me that after the trial was over?/   It seems we could ponder this issue a little more .

Ok, let's ponder. Was it identity theft? It does make a difference for the sake of the discussion.

 

But I would not call that case "dumb luck"  Who knows if it worked out as planned.

It's obvious there was no "plan" in that case.

But to play along in a morbid but ironic twist, maybe the guy got hit by a bus right after he filed his answer. There's no evidence that didn't happen, right?

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Seriously, everyone. I'm saying things I shouldn't have to be saying to any adult human being.

I'm done with these ridiculous "what ifs".

Believe what you want about how things work. My only request now is that when the JDB eventually wins, please reread this thread. I've put up evidence to support my perspective and no one has presented anything to disprove it.

Best of luck to anyone sued over a credit card debt in Arizona that stumbles across this thread looking for factual information. I think it's abundantly clear that your fate is uncertain at best .

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Yes that is morbid, and we will never know unless he is on facebook or something.  And no, I did not ever know that you meant law could be interpreted differently.   And to answer Goody , I forgot the one other takeaway thing=====  There are some great consumer atty's here and I never knew when I started this journey they will talk to you for free.

 

This is all they do (and some BK's)  People in here ask us for help because they cannot afford an atty. Most people don't know it is a free consult. Then at least you have options for your own case from someone who knows.

 

I don't care if you have spent 10 years in here, every case is different , as Harry will probably agree. That is what I want anyone reading to take away.  Get advice from an atty.  It's free and will probably give you a better sense of what is right for you to do.

 

Then if you decide to do it alone.  We will try our best to help you along the LONG and arduous journey.

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