MuteDebt

Won Appeals against CACH

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Hi Everybody

I just wanted to thank you for all your support I joined a few years ago and ended up with 3 cases! I started fighting them on my own and 2 of them got weird and unique. I hired a lawyer to help with them. I kept one for myself to fight with your help and I got steam rolled in court even though within days in the same court, the same type of case another proper won with the exact same arguments. My judge didn't like and/or agree with CCP 98 arguement and said it didn't apply. He also said he didn't agree with Target Rocha either. I knew I lost when he made that statement. His demeanor towards me and towards their lawyer  was so obvious it wasn't funny. His decision was made before I entered court didn't matter what I did.

 

I was horrible sick at this time period and that was another stress I couldn't deal with as I had no health insurance. I decided I HAD to appeal and lawyer needed to help.  

 

Well the day is here WE WON our appeals today. I now have 3 wins against collections agencies!

 

IT can be done!

 

I have been absent about a year but still wanted to thank this kind, generous community for all your help and even phone calls... CALawyer and Seadragon you were both part of these WINS

 

THANK YOU so much!

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Is this a complete reversal of the decision (meaning there is no remand back to the lower court) or is the case remanded back to the lower court with the instructions that the judge must follow Target v. Rocha?

 

I say that because in once case, the issue is done and in the other, you have to have another trial following the higher courts instructions.Of course, CACH has spent so much money on this that there is almost no profit anymore.

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Terrific win.  Congrats.  I am so happy for you.

 

What a fantastic result.

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:punknanner: :punknanner: :punknanner:xdrinkndropX xdrinkndropX :clapper: :clapper:   Congratulations!!!  Wow you had 3 cases...ouch.  It is great reading positive news like this.  Going thru hurdles and such. 

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OK, now it is a win if CACH is throwing in the towel. They probably know they cannot win if the judge is forced to follow the Target v. Rocha and CCP98 rules.

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Congratulation on winning on appeal, it would be great for you to post any documents that you used on appeal that you feel comfortable sharing...We can always use documents with winning arguments. Just a thought...

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Court remanded the case for a new trial and CACH would like a mutual release and not go back to court!  :ROFLMAO2:

WTG......nice job........I almost spit my beer on the keyboard reading this line........ :LolPointUp::PartyTime:

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Goes to show, pro per are prejudice, that is why we work harder and better to make an appeal able record. You did just that, and the appeal court agreed. Congrats!

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Congratulation on winning on appeal, it would be great for you to post any documents that you used on appeal that you feel comfortable sharing...We can always use documents with winning arguments. Just a thought...

Skippy I will ask if I can and redact them if possible! :)

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Handling one collection lawsuit is more than enough for most defendants, but you litigated three?  Litigation is hard work, mentally and physically.  Your're good and tough!  Congrats!

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Handling one collection lawsuit is more than enough for most defendants, but you litigated three?  Litigation is hard work, mentally and physically.  Your're good and tough!  Congrats!

Thanks but I can only take credit for one. I started all of them and when they got complicated which both had weird things that the creditors did, I handed them over to a wonderful lawyer. I handled the whole CACH myself and lost and then handed over to my lawyer for appeals! He did a great job in arguing in court I wouldn't have handled it that well!

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Thanks but I can only take credit for one. I started all of them and when they got complicated which both had weird things that the creditors did, I handed them over to a wonderful lawyer. I handled the whole CACH myself and lost and then handed over to my lawyer for appeals! He did a great job in arguing in court I wouldn't have handled it that well!

 

Are you able to recommend your lawyer(s) by name ?

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Still, just starting three on your own and then winning with a lawyer is an accomplishment.  I was involved in a personal injury lawsuit and even though I was represented by excellent counsel and ultimately won, it was not a pleasant experience. 

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Are you able to recommend your lawyer(s) by name ?

Hi I will message you his name! He is great and wonderful to work with. He is the real deal!

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Still, just starting three on your own and then winning with a lawyer is an accomplishment.  I was involved in a personal injury lawsuit and even though I was represented by excellent counsel and ultimately won, it was not a pleasant experience. 

       Exactly.  I started my first one on my own and got so far as defeating their Motion for Summary Judgment.  At that time (about a year after I was initially served) I was back to work and was able to afford an attorney.  I came across him while searching through the court's archives of past credit card collection cases.  I noticed his motions and methods were far superior to any others I had seen. He took my case and the plaintiff's attorney immediately dropped the suit upon notice that he was representing me!

 

I hired him again about a year later when I was served with a suit from another JDB and then a third time about six months after that.  The third one was dropped when he filed a motion to compel the forward flow agreement.  The second one dragged on for about ten months- this JDB attorney was a loose cannon and was sanctioned twice by the court for abuse of discovery and for harassing me.  After finally winning this case with a Motion for Summary Judgment at trial my attorney filed a suit on my behalf against the JDB itself for FDCPA violations and won that one too.    

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Way to fight it all the way through. Judges do this because they do not expect Pro Se to appeal.  They really have egg on their face when they are reversed by a Pro Se. (I know, you had help from a lawyer on the appeal, but still…)

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