rightfullynotyours

Midland sue me,I answered,now to Hearing.What should I do Before Hearing?

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Courts in california are different.  Some rules state your MIL must be filed 5 days before court, some you  can give at trial.  It depends on your local rules.  One member brought his to trial, and the judge said it was late, didn't even read it.  If it is late according to your rules, you will have to make all the objections in it orally as you go. 

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rut ro, this is for sand deigo superior court, you would need to look at the web site of the actual court your in to know for sure, but MIL's should be filed 5 days before trial, and oppositions to the MIL 2 days before trial.

 

Rule 2.1.18

Motions in Limine

Motions in limine must be limited in scope in accordance with Clemens v. American Warranty Corp. (1978) 193 Cal.App.3d 444, 451; Kelly v. New West Federal Savings (1996) 49 Cal.App.4th 659, 670-671; and Amtower v. Photon Dynamics, Inc. (2008) 158 Cal.App.4th 1582, 1593-1595. Unless otherwise directed by the court, counsel must file and serve motions in limine and opposition thereto five court days and two court days respectively prior to trial call. The following motions in limine will be deemed granted at the time of the trial readiness conference if applicable:

A. Motion excluding evidence of collateral source;

B. Motion excluding evidence of or mention of insurance coverage;

C. Motion excluding experts not designated pursuant to Code of Civil Procedure section 2034.300 and

D. Motion excluding offers to settle and/or settlement discussions.

Written motions should not be submitted on the above issues.

(Adopted 1/1/2000; Renum. 7/1/2001, Rev. 1/1/2005; Renum. 1/1/2006; Rev. 1/1/2010; Rev. 1/1/2012)

Rule 2.1.19

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be ready to question the witness about the electronic records. using the questioning from in re: vinhee and technical questions about the computer system they use to store it. use the forward flow purchase agreement to show that the seller did not authenticate the records, and that midland had no reason to believe the accuracy or validity of the records and the declarant is not a percipient witness.

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If your trial is a week from Monday it's possible you still have time to file your MIL and Trial Brief with the Court. If you mean to say that your trial is actually tomorrow afternoon or tomorrow morning then obviously the Judge will not have time to look at them before trial and you will have to present your entire case orally.

That is, if Mr. Brown and Mr. Smith show up, which is possible due to the proximity of the Courthouse to Midland's office.

It's possible that Mr. Brown may come alone and ask the Court to continue the trial to a later date when Mr. Smith is available, or he may choose to argue Midland's case without Mr. Smith being available for your cross exam.

The other possibility is a rent-a-lawyer shows instead. The rent-a-lawyer will again ask you to settle, or sign a mutual release agreement.

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God! it seems I am too late then! I called the court a week ago to file my MIL and the gal at the court N26 told me to file it an hour before! that is why I didnt file it! good God well, it is what it is at this point. Thank you every body for all the help given, and yes it is tomorrow at 8:45am I will try to sneak my motion with my trial brief which no one has file not them not me, I guess its because the Judge who over saw the case its Not the same Judge who is going to actually precede the trail. Who knows... wish me luck guys because in this cases being prepared is good but really all depends on who you get which at the end is luck.

 

I will post my result as soon as I get back from the court tomorrow. If you guys see mistakes on my post its because I am drunk celebrating! if not well you guys can imagine the end result! lol

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OK very bad news I lost! judgment against me, I went to the court and then they moved it to a different department N24 with Jaqueline,  I heard horror stories about her, although she complemented me on my motion in limine and my trial brief, she said that since there is no jury, motion in limine is moot, not sure about that but she started trial, heard the plaintiff and all the lies, I objected that was hearsay and the business exception rule, she paused and asked plaintiff to elaborate why should be admitted, he did and then called witness to support his case, Mr. Smith showed up and said his lies, Judge admitted his **** I still objected and questioned witness but pretty much Plaintiff questioned him all over and have pretty much nothing to ask,I asked a few questions but there was a lot of question not relevant and judge got irritated with me, I apologized myself and I said that I was trying to hard to keep up, never the less admitted some evidence, Plaintiff put me on stand and asked me some questions regarding the account, I agreed to some and denied to some, they come up with some surprising new evidence, and I objected, judge agreed, asked me for my statement I froze and didnt know what to say, so didnt said anything. For the closing statements, I used what i had on my motion on limine and trial brief as closing statement and she ruled against me. done!

 

Well now it seems I have to change bank and remove my direct deposit and go and hide under a rock, It was a wonderful experience i learned a lot about my rights, but the hard lesson was to have a judge that sides with these crooks, even though they cannot show proof of assignment and that they own the account, she anyways ruled in their favor, at the end I heard her say to Plaintiff lawyer see you later Tim! she should have said, see you Mr. Timothy, I hope she gets her check soon from Midland, so great to have corrupt Judges in a great country like this!

 

Lesson: GET A LAWYER, at the begining of the process and get payments with the lawyer instead Midland believe you me its well spent money.

 

For all of you in SD county I have a great lawyer..too late now...but  you can PM i will share the info I wished I had this guy before trial but anyway...what comes around goes around

 

God bless this forum and the nice people that helps the less fortunate.

 

Now I am a statistic number in their book.

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Very sorry to hear this. Was not aware of the problems with this Judge, as she is not the same Judge as in @easy619 's case.

But you were aware the Judge you were ultimately assigned at the last minute is pro-Plaintiff, and by statute you are entitled to use such knowledge beforehand to protect yourself from unfair rulings at trial.

Regretably, we failed to prep you with info on CCP 170.6, which allows for preemptory challenge and disqualification of prejudiced Judges.

Under the provisions of this statute you were entitled to make an oral motion, prior to the start of trial, to disqualify her.

 

170.6. (a) (1) A judge, court commissioner, or referee of a
superior court of the State of California shall not try a civil or
criminal action or special proceeding of any kind or character nor
hear any matter therein that involves a contested issue of law or
fact when it is established as provided in this section that the
judge or court commissioner is prejudiced against a party or attorney
or the interest of a party or attorney appearing in the action or
proceeding.
(2) A party to, or an attorney appearing in, an action or
proceeding may establish this prejudice by an oral or written motion
without prior notice supported by affidavit or declaration under
penalty of perjury, or an oral statement under oath, that the judge,
court commissioner, or referee before whom the action or proceeding
is pending, or to whom it is assigned, is prejudiced against a party
or attorney, or the interest of the party or attorney, so that the
party or attorney cannot, or believes that he or she cannot, have a
fair and impartial trial or hearing before the judge, court
commissioner, or referee. If the judge, other than a judge assigned
to the case for all purposes, court commissioner, or referee assigned
to, or who is scheduled to try, the cause or hear the matter is
known at least 10 days before the date set for trial or hearing, the
motion shall be made at least 5 days before that date. If directed to
the trial of a cause with a master calendar, the motion shall be
made to the judge supervising the master calendar not later than the
time the cause is assigned for trial. If directed to the trial of a
criminal cause that has been assigned to a judge for all purposes,
the motion shall be made to the assigned judge or to the presiding
judge by a party within 10 days after notice of the all purpose
assignment, or if the party has not yet appeared in the action, then
within 10 days after the appearance. If directed to the trial of a
civil cause that has been assigned to a judge for all purposes, the
motion shall be made to the assigned judge or to the presiding judge
by a party within 15 days after notice of the all purpose assignment,
or if the party has not yet appeared in the action, then within 15
days after the appearance. If the court in which the action is
pending is authorized to have no more than one judge, and the motion
claims that the duly elected or appointed judge of that court is
prejudiced, the motion shall be made before the expiration of 30 days
from the date of the first appearance in the action of the party who
is making the motion or whose attorney is making the motion. In no
event shall a judge, court commissioner, or referee entertain the
motion if it is made after the drawing of the name of the first
juror, or if there is no jury, after the making of an opening
statement by counsel for plaintiff, or if there is no opening
statement by counsel for plaintiff, then after swearing in the first
witness or the giving of any evidence or after trial of the cause has
otherwise commenced. If the motion is directed to a hearing, other
than the trial of a cause, the motion shall be made not later than
the commencement of the hearing. In the case of trials or hearings
not specifically provided for in this paragraph, the procedure
specified herein shall be followed as nearly as possible. The fact
that a judge, court commissioner, or referee has presided at, or
acted in connection with, a pretrial conference or other hearing,
proceeding, or motion prior to trial, and not involving a
determination of contested fact issues relating to the merits, shall
not preclude the later making of the motion provided for in this
paragraph at the time and in the manner herein provided.
A motion under this paragraph may be made following reversal on
appeal of a trial court's decision, or following reversal on appeal
of a trial court's final judgment, if the trial judge in the prior
proceeding is assigned to conduct a new trial on the matter.
Notwithstanding paragraph (4), the party who filed the appeal that
resulted in the reversal of a final judgment of a trial court may
make a motion under this section regardless of whether that party or
side has previously done so. The motion shall be made within 60 days
after the party or the party's attorney has been notified of the
assignment.
(3) A party to a civil action making that motion under this
section shall serve notice on all parties no later than five days
after making the motion.
(4) If the motion is duly presented, and the affidavit or
declaration under penalty of perjury is duly filed or an oral
statement under oath is duly made, thereupon and without any further
act or proof, the judge supervising the master calendar, if any,
shall assign some other judge, court commissioner, or referee to try
the cause or hear the matter. In other cases, the trial of the cause
or the hearing of the matter shall be assigned or transferred to
another judge, court commissioner, or referee of the court in which
the trial or matter is pending or, if there is no other judge, court
commissioner, or referee of the court in which the trial or matter is
pending, the Chair of the Judicial Council shall assign some other
judge, court commissioner, or referee to try the cause or hear the
matter as promptly as possible. Except as provided in this section,
no party or attorney shall be permitted to make more than one such
motion in any one action or special proceeding pursuant to this
section. In actions or special proceedings where there may be more
than one plaintiff or similar party or more than one defendant or
similar party appearing in the action or special proceeding, only one
motion for each side may be made in any one action or special
proceeding.
(5) Unless required for the convenience of the court or unless
good cause is shown, a continuance of the trial or hearing shall not
be granted by reason of the making of a motion under this section. If
a continuance is granted, the cause or matter shall be continued
from day to day or for other limited periods upon the trial or other
calendar and shall be reassigned or transferred for trial or hearing
as promptly as possible.
(6) Any affidavit filed pursuant to this section shall be in
substantially the following form:

(Here set forth court and cause)
State of ss. PEREMPTORY
California, CHALLENGE
County of ___________


____, being duly sworn, deposes and says: That he
or she
is
a party (or attorney for a party) to the within
action (or special proceeding). That ____ the
judge, court commissioner, or referee before whom
the trial of the (or a hearing in the) action (or
special proceeding) is pending (or to whom it is
assigned) is prejudiced against the party (or his
or her attorney) or the interest of the party (or
his or her attorney) so that affiant cannot or
believes that he or she cannot have a fair and
impartial trial or hearing before the judge,
court commissioner, or referee.
Subscribed and sworn to before me this
______ day of ______, 20__.
(Clerk or notary public or other
officer administering oath)




			
		
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I just serve Mr. Smith in the Aero Drive Address using a server.

 

And I have a Felling that Mr. Smith will show up and do EXACTLY what they have done to "rightfullynotyours"

 

My Trial is VERY SOON. and I have not Submitted my MIL yet, I'm waiting on the SIX day before trial to get it filed.

 

rightfullynotyours, you and I live in the Same Area.

 

Anyone. Please Advice me of what should be done..

 

Is it to late for a JURY

Hire a Court Reporter. if so do i just hire and bring him/her with me without telling the court.

 

and   rightfullynotyours got a copy of your MIL and Brief?

 

"she said that since there is no jury, motion in limine is moot"  <---- what do you mean. filing Motion in limine is useless?

 

also

 

" Timothy S Brown gave me a copy of the brief with annotations that I made a few days before we both signed and gave it to the judge, he said that we were to have trial next monday on a different department, we all agree and he dismissed us"

 

Can i Object to this and NOT MOVE the trial day? and how do i use "CCP 170.6" and how do i use that. do i just say. Objection BITC$ CCP 170.6??

 

 

 

Just An FYI.. I'm in the EXACT same Boat as "rightfullynotyours"

 

What surprising evidence they came out with. so i know what to say.

 

OHH man I'm freaking out

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I think i just Screw my self..

 

This case has been ongoing for nearly 3 years now.

 

but i was just reading SeaDragons Timeline.doc and it stated this

 

" 4. Get all discovery and or evidence(except evidence for impeachment) to the plaintiff no later than day

35 before trial (if you are not using a calendar to keep track of the court dates you could lose, Judges are

not like bosses and let things slide)"

 

 

Well.  I did Request for production of docs, and i Responded to plaintiff request for admissions,Docs,Rogs.

 

I did Almost EVERYTHING as "ASTMedic" did "http://www.creditinfocenter.com/community/topic/317277-how-i-beat-midland-in-california/

 

But i don't Remember sending any evidence/discovery to Plaintiff. as I Don't have any evidence.

 

The only thing i have done is send a CCP 96, to disclose everything they intended to use in court.

JDB replied with the same crap they given me when i Requested to Produce document. but this time JDB send me 1 new paperworks "Declaration in Lieu of testimony Pursuant to code of civil procedure 98"

 

I'm writing my MIL, Trial Brief, Declaration in Support

 

Any Suggestion.

 

Thank you guys..

 

My Trial is Coming soon..

 

But according rightfullynotyours, he came into the Civil Court Trial. to Set another Trial date. this is so confusing. is the Civic Court Trial . a Trial or just a date for the judge to tell you which date and judge will hear your case?  I really want a FAIR Judge.. Damm it. i don't want "N24 with Jaqueline"

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I think i just Screw my self..

 

This case has been ongoing for nearly 3 years now.

 

but i was just reading SeaDragons Timeline.doc and it stated this

 

" 4. Get all discovery and or evidence(except evidence for impeachment) to the plaintiff no later than day

35 before trial (if you are not using a calendar to keep track of the court dates you could lose, Judges are

not like bosses and let things slide)"

 

 

Well.  I did Request for production of docs, and i Responded to plaintiff request for admissions,Docs,Rogs.

 

I did Almost EVERYTHING as "ASTMedic" did "http://www.creditinfocenter.com/community/topic/317277-how-i-beat-midland-in-california/

 

But i don't Remember sending any evidence/discovery to Plaintiff. as I Don't have any evidence.

 

The only thing i have done is send a CCP 96, to disclose everything they intended to use in court.

JDB replied with the same crap they given me when i Requested to Produce document. but this time JDB send me 1 new paperworks "Declaration in Lieu of testimony Pursuant to code of civil procedure 98"

 

I'm writing my MIL, Trial Brief, Declaration in Support ) (I will PM you mine since Jaqueline was impressed by my MIL and TRIAL BRIEF and DECLARATION IN SUPPORT)

 

Any Suggestion.

 

Thank you guys..

 

My Trial is Coming soon..

 

But according rightfullynotyours, he came into the Civil Court Trial. to Set another Trial date. ( No, What happened is that the Judge at N26 will not precede the case, so on friday the day of the trial readiness he told us that N24 will take the trial, yesterday went to my trial at N24 as soon as I got there at 8:30am the bailiff said that the judge at N24 WILL NOT be preceding the trial but that the judge at N27 will be and that was Jaqueline's court room)  this is so confusing. is the Civic Court Trial . a Trial or just a date for the judge to tell you which date and judge will hear your case?  I really want a FAIR Judge.. Damm it. i don't want "N24 with Jaqueline"

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I just serve Mr. Smith in the Aero Drive Address using a server.

 

And I have a Felling that Mr. Smith will show up and do EXACTLY what they have done to "rightfullynotyours" yes you can count on that!

 

My Trial is VERY SOON. and I have not Submitted my MIL yet, I'm waiting on the SIX day before trial to get it filed. I called the clerk and since they dont know WHO will be taking your Trial there is no way you can file any MIL since the Judge preceding the trial have to rule on in, you will have to give it to the judge the day of the trial...sucks I know,  I suggest you call them and re-verify this info

 

rightfullynotyours, you and I live in the Same Area.

 

Anyone. Please Advice me of what should be done..

 

Is it to late for a JURY yes

Hire a Court Reporter. if so do i just hire and bring him/her with me without telling the court. it cost around 400dls

 

and   rightfullynotyours got a copy of your MIL and Brief?

 

"she said that since there is no jury, motion in limine is moot"  <---- what do you mean. filing Motion in limine is useless? yes! pretty much thats what she said and believe me she didnt care!

 

also

 

" Timothy S Brown gave me a copy of the brief with annotations that I made a few days before we both signed and gave it to the judge, he said that we were to have trial next monday on a different department, we all agree and he dismissed us" Here I was refering to our joint trial readiness conference

 

Can i Object to this and NOT MOVE the trial day? Its not really up to you but on how many trials they have , very probably that they will send you to a diferent court room and from that one to a differert court room on the same trial date they call it "ON the Wheel" or something like that.

 

and how do i use "CCP 170.6" and how do i use that. do i just say. Objection BITC$ CCP 170.6??

 

 

 

Just An FYI.. I'm in the EXACT same Boat as "rightfullynotyours"

 

What surprising evidence they came out with. so i know what to say. They came up with my signed original application, the one I sent on the mail when I applied, I told Jaqueline that I did not see this piece of evidence before this morning and that was NOT included in the CP96 and That I objected, She agreed and was dismissed, never the less they used it when they put me on the stand, by then I was already almost at knock out point, and I forgot to object since it was already dissmissed, so I answered all Tim's questions, thinking back now I shouldn't have.

 

OHH man I'm freaking out

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Is there anything I can do at this point? should I proceed on an appeal? I think I have ten days or so to file right? I mean it is even logical? where should I start? anybody? @shellieh98 @small fry @calawyer any thoughts? Thank you guys.

If there were specific rulings where you objected, and the Judge clearly deviated from the statutes or controlling case law, you should write down the details today while they are still fresh in your mind.

If you do decide to appeal, you would base it around any erroneous rulings by the Judge (over your objections) that made a material difference in the outcome of the trial.

If I'm understanding correctly, Plaintiff attempted at trial to introduce evidence not previously disclosed in their response to your CCP 96 request. It sounds like you objected but the Judge overruled and admitted the evidence, which is not in conformance with the underlying statute. If this is the case, and if it demonstrably made a difference in the outcome of the trial, you would want to include these facts in your appeal - should you decide it is worth your time to file one.

We don't know the complete details of the trial, and only you know best what is the most effective use of your time going forward.

But since you were able to find a good local attorney there, I would want to go ahead and schedule a consultation with them to get their opinion.

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This is awful I couldn't even sleep last night, I spent my night recapitulating what happened at the trial with Jacqueline and I really think she screw me! I am so disappointed about the whole process, Midland never proved that they owned the account, I might not be quick on the oral argument but everything was explained on my trial brief and declaration! why o why she didn't acknowledge this? furthermore I had my MIL even if its NOT the right instrument the explanation on why the documents should not be admitted are there! with case law and everything! 

 

Its beyond me how they can have a case JUST because affidavits from people that live out of the 150mile range from the court and STILL be admitted! they dont comply with the CCP 98, the affidavit of Kenneth Smith is completely hearsay never the less this woman admitted and hear EVERYTHING he had to say! even though he has NO personal knowledge of the account! I had asked him if he ever worked for Chase and said no, never been in New York never been on Florida but he KNOWS my account, when asked about HOW the amount they claim came to existence? he dare to say that all of that data was NOT produced by the original Assignor, so it is my understanding that HE does NOT have PERSONAL KNOWLEDGE!!! therefore is hearsay!!!! she over ruled. 

 

She is a pro-Plaintiff and unfair in the sense that they know we are pro-pers and she should guide the pro-pers so we can have a fair trial she pretty much left me hanging, when I objected to something she would say its not the right time to object and then, by when was the time I already forgot what I wanted to object to, Mr Smith will talk and repeat the same crap over and over.

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Well you could appeal, state all the reasons in your appeal. While the trial judges don't always follow the rules, the appellate judges usually do.

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Ok Guys, after my loss I have been meditating and trying to understand what happened and most of all WHY this happened and even though everybody has different reasons as to why they got sued by JDBs, I can only find one constant, that is, the shitty economy that we are living in now a days. NOBODY here in this forum, are deadbeats or an irresponsable person, well maybe a couple of you, but is not the norm. I don't think anybody in the Unites States that has been sued and summoned, or that has found out that now have a judgment against them or their wages capped by these "collectors of debt", did in fact, default on purpose.

 

Before I got summoned, I tried to settle my debt with Chase Bank, I was making good money back in 2007-2008 then everything came down to a halt! I could not continue paying my current debt, because my cash flow diminished, therefore I started getting behind on all my debts, of course, like everybody in this forum, I had to make my priorities and I only paid what I thought was most important, that is, the mortgage and the cars. Everything else well, had to put it on the back-burner, and hope that one day in the near future, my situation will be better and re-pay my debt and continue my life as before, or so I thought and wished. Unfortunately, like every other American here, that day never came and I am still waiting 6 years later for that to happen.

 

What bothered me the most in this whole process was, how easily the banks who got us by design into debt and changed our way of living back in the 2008, THEY got bailed OUT by the government, all of their DEFAULTED obligations got paid thanks to all of us! Immediately after, they, "The Banks" came back to us with a vengeance! A lot of people lost their homes, cars etc. then, whoever couldn't pay or refused to pay, the banks charged off their debts, reported the defaulted debts as a loss to the IRS (tax write-off and money right back in their pockets, again), got their money somehow back! Then, they Machiavellically sold pools of accounts charged off already to collection companies which they bought the alleged debt for pennies on the dollar. Here is where the problem began. Somewhere here these banks are, in my opinion, committing some kind of IRS fraud. Remember, that they already reported these accounts as a loss, and they got their break (tax write-off) with the IRS. Nevertheless, they are double profiting when they sell it back to the JDB's and definitely are committing IRS fraud because they are making money on something that they reported as a loss! Can you guys see the picture?

 

So, in my meditation, I got enlightened and somehow anointed LOL!!! It got me thinking, how can we beat these JDB's? For that, I have to see their business model on a grand scale. In order for them to profit, they need people to NOT show up at the court at any given time. Let's not forget, they have hundreds, if not thousands of lawyers appearing in court every single day, pleading to the unjust/corrupt/lazy judges to enter default judgments on people because they didn't show up to defend themselves. When I went to my first hearing and showed up at court, the rent-a-lawyer for the JDB didn't even know what to say, because JDB's are NOT expecting you to be there! Before my turn was up, I heard at least 15 default judgements! I was appalled!!!! So, now what would happen if for every robo-signed summons they make, we would all show up, I mean, every single one of us??? THINK.....Their business model becomes non profitable! 

 

Just imagine, for one second, if they got 15 default judgments in less than 10 minutes because a no-show, imagine if WE show up? They wouldn't know what to do because each case is slightly different. They will need to do their homework, which is time consuming and requires a strategy and so on and so forth, right?  And then, what happens if all of their robo-signed summons get to trial? Let's say for sake of argument, that 1/2 of the lawsuits are won and 1/2 are lost. They would have to pay lawyers, paper, toner, court reporters, process servers, postage and Fedex for a 1/2- 1/2 chance? Their costs are staggering!, Now, they will think more than twice which lawsuit to pursue from now on and they will put attention on how well prepared their case will be. Now, to go to trial, they will need real lawyers which cost around $300/h. This will even the plain at the battlefield, one on one and mano a mano!!! 

 

Remember, we are MORE than them! They wouldn't stand a chance if we fight back!!!, but I mean, ALL OF US, at the same time! They will be overloaded! The first thing that is going to happen is, that the courts will start sanctioning these JDB's because they are abusing the courts for profit! The courts are already overloaded, the only reason the courts allow these JBD's get away with their scheme is because we just simply don't show up, and they can vacate their calendars with judgments in a matter of minutes. This makes me mad! 

 

The JDB's pay very little to sue, they have discounted rates through the court!!!! WTF!!!! when I answered my lawsuit I had to pay like $225! at once! it hurt me so bad! I think these JDB's pay less than that, (if they even pay).

 

So, JDB's success is very simple, organization and intimidation, that's it! Think of the Nazi regime, they were much less in numbers than all the Jews, their organization and intimidation worked and the Jews never fought back! Nazis exterminate them like cattle, but, why did the Nazis lose? Well, because other forces that were united fought back TOGETHER, and eventually the Nazis could't keep up, they were outnumbered!

 

Well, I suggest we do the same! JDB's are organized and their intimidation process resides in the lack of knowledge from people like you and me! I will not lie that when I got summoned my heart fell on the ground and I didn't know what to do, I couldn't sleep I was anxious and had problems concentrating at work. Their intimidation worked for awhile, it crossed my mind to not to show up at the first hearing, but thanks to this forum that gave me the knowledge I went and stood up for myself, and with the forum's courage I went all the way to trial and faced the Judge, the witnesses and the JDB's lawyer! 

 

So, I propose this:

 

1.- I will make a movie that will go viral exposing their weaknesses and their process of intimidation of JDB's.

2.- I will start a website, dedicated to learning on how to fight back these JDB's, I researched and there is no such thing other than forums! I will organize the information so people know what to do, of course, there will be links to forums like this one so people can expand their knowledge.

3.- The creation of a non-profit organization that will staff hundreds of lawyers to take the cases all the way to court for people with no money, the organization will survive on donations and the company will keep the profits when suing back the JDB's!

4.- We need to lobby our government to decree a law for the first time, that the DEBTOR would have the opportunity to buy their debt back at the same rate of the JDB's before it is sent for auction.

5.- To implement classes or courses or seminars to alert the population that if we don't fight back "THEY" will always win.

6.- Teach your kids and those around you about the legal process and why it's important to fight back.

7.- Take your kids at least once a year to a court house and watch a trial.

8.- Teach the initial process of a lawsuit to someone that has no knowledge.

9.- Guide the people around you and spread the word why we need to take control.

10.- Teach your kids to be financially intelligent. 

11.- Spread the word.

12.- Join and donate http://rollingjubilee.org

 

At  http://rollingjubilee.org an organization that buys debt and then abolishes it giving relief to those in need, this organization is the first one of its kind and needs help from everyone here.

 

Let's do something, TOGETHER!!!! anything is better than nothing! one dollar times a million can be 5 thousand lawyers fighting back for you! think about it.

 

I want to thank Midland Funding LLC. and Especially Timothy S. Brown because without them I would still be living in a cave! Thanks to this chapter of my life, I can see now and I acquired the necessary knowledge to start something for our community and for those in need.

 

Remember...it's...rightfully...not...yours!!!!

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Ok Guys, after my lost I have been meditating and trying to understand what happened and most of all WHY this happened and even though everybody have different reasons as to why they got sued by JDBs, I can only find a constant, that is, the shitty economy that we are living now a days. NOBODY here in this forum, is a deadbeat or an irresponsable person, well maybe a couple of you, but is not the norm. I dont think anybody in the Unites States that has been sued and summoned, or that has found out that now has a judgment against them or their wages capped by this "collectors of debt" did in fact defaulted on purposed.

 

Before I got summoned, I tried to settle my debt with Chase Bank, I was making good money back in 2007-2008 then everything came down to a halt! I could not continue paying my current debt, because my cash flow diminished, therefore I started getting behind in all my debts, of course like everybody in this forum, I had to make my priorities and I only payed what I thought was most important, that is The mortgage and the cars. Everything else well, had to put it back in the burner, and hoping that one day in the near future, my situation will be better and re-pay my debt and continue my life as before, or so I thought and wished. Unfortunately like every other American here, that day never came and I am still waiting 6 years later for that to happen.

 

What bothered the most in this whole process was, how easily the banks who got us by design into debt and changed our way of living back in the 2008, got bailed by the government, all of their DEFAULTED obligations got paid thanks to all of us! Immediately after, they, "The Banks" came back to us with a vengeance! A lot of people lost their homes, cars etc then, whoever couldn't pay or refused to pay, the banks charged off their debts, reported the defaulted debts as a lost to IRS, got their money somehow back! then, they Machiavellically sold pools of accounts charged off already to collection companies which they bought the alleged debt for pennies on the dollar. Here is where the problem begun. Somewhere here these banks are in my opinion, committing some kind of IRS fraud. Remember that they already reported this accounts as a lost, and they got their break with the IRS. Never the less they are double profiting when they sell it back to the JDBs and definitely are committing IRS fraud because they are making money on something that they reported as a lost! can you guys see the picture?

 

So, in my meditation I got enlighten and somehow anointed lol!!! It got me thinking how can we beat this JDBs? for that, I have to see their business model in a grand scale. In order for them to profit they need people to NOT show up at the court at a given time, for that, they have hundreds if not thousands of lawyers appearing in court every single day, asking the corrupt judges to enter default judgments on people because they didn't showed up to defend themselves. When I went to my first hearing and showed up at court, the rent-a-lawyer didnt know what to say, because they are NOT expecting you! Before my turn was up, I hear at least 15 default judgements! I was appalled !!!! So, now what would happen if for every robo-signed summons they make we showed up??? their business model becomes non profitable! 

 

Imagine for one second if they got 15 default judgments in less than 10 minutes because a no-show, imagine if WE show up? they wouldnt know what to do because each case is lightly different, they will need to do their homework, which is time consuming and requires a strategy and so on and so forth right? and what happens if all of their robo-signed summons get to trial? lets say for sake of argument that 1/2 of the lawsuits are won and 1/2 are lost. They would have to pay lawyers, paper, toner, court reporters, postage and fedex for a 1/2- 1/2 chance? their cost are staggering!, now, they will think more than twice which lawsuit to pursue from now on, they will put attention on how well prepared their case will be. Now to go to trial they will need real lawyers which cost around $300/h. This will even the plane at the battlefield, one on one and mano a mano!!! 

 

Remember we are MORE than them! they wouldn't stand a chance if we fight back!!!, but I mean ALL OF US at the same time! they will be overloaded! and the first thing that is going to happen is, that the courts will start sanctioning this JDBs because they are abusing the courts for profit! The courts are already overloaded, the only reason the courts allow this JBDs get away with their scheme is because we just simply don't show up, and they can vacate their calendars with judgments in a matter of minutes. This makes me mad! 

 

The JDBs pay very little to sue, they have discounted rates!!!! WTF!!!! when I answered my lawsuit I have to pay like $225! at once! it hurt me so bad! I think this JDBs pay less than that, if they pay.

 

So, JDBs success is very simple, organization and intimidation, that's it! Think Nazi regime, they were much less in numbers than all the Jews, their organization and intimidation worked and the Jews never fought back! Nazis exterminate them like cattle, but, why the Nazis lost?, well because other forces united and fought back, and eventually the Nazis could't keep up.

 

Well I suggest we do the same! JDBs are organized and their intimidation process resides in the lack of knowledge from people like you and me! I will not lie that when I got summoned my heart fell on the ground and I didn't know what to do, I couldn't sleep I was anxious and have problems concentrating at work, their intimidation worked for awhile, it crossed my mind to not to show up at the first hearing, but thanks to this forum that gave me the knowledge I went and stood up for myself, and with the forum's courage went all the way to trial! 

 

So, I propose this:

 

1.- I will make a movie that will go viral exposing their weakness and process of intimidation of these JDBs.

2.- I will start a website dedicated to learning on how to fight back these JDBs, I researched and there is no such thing other than forums! I will organize the Information so people know what to do, of course      there will be links to forums like this one so people can expand their knowledge.

3.- The creation of a non-profit organization that will staff hundreds of lawyers to take the cases all the way to court for people with no money, the organization will survive on donations and the company will keep the profits when suing back the JDBs!

4.- We need to lobby our government to decrete a law for the first time, that the DEBTOR would have the opportunity to buy their debt back at the same rate of the JDBs before is sent for auction.

5.- To implement classes or courses or seminars to alert the population that if we don't fight back they will always win.

6.- Teach your kids and those around you about the legal process and why its important to fight back.

7.- Take your kids at least once a year to a court house and watch a trial.

8.- Teach the initial process of a lawsuit to someone that has no knowledge.

9.- Guide the people around you and spread the word why we need to take control.

10.- Teach your kids to be financially intelligent. 

11.- Spread the word.

12.- Join and donate http://rollingjubilee.org

 

At  http://rollingjubilee.org an organization that buys debt and then abolishes it giving relief to those in need, this organization is the first one of its kind and needs help from everyone here.

 

Let's do something, anything is better than nothing! one dollar times a million can be 5 thousand lawyers fighting back for you! think about it.

 

I want to thank Midland Funding LLC. and Specially Timothy S. Brown because with out them I would be still living in a cave, thanks to this chapter of my life I can see now and I acquired the necessary knowledge to start something for our community and for those in need.

 

Remember...is...rightfully...not...yours!!!!

 

I don't know about you. but your story is almost exactly like my... I think everyone was on the same boat that year. please FIGHT FIGHT. APPEAL.. if i loss this . i will appeal and hire a lawyer. I rather give my money to the lawyer than this JDB. HONESTLY do.

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