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A big thank you. A TD BANK USA - Patenaude and Felix win!!


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I've quietly been reading these forums for over a year. Last year, well Dec 2013, I was served and had a lawsuit filed against me for an alleged debt from Target National Bank who then sold it to TD Bank USA. It was sent to that great law firm of Patenaude and Felix. 

 

After some harassing phone calls and just plain out rudeness from these collectors, I decided to fight this suit. So I did some internet searching and I was damn lucky to find these beautiful forums. I began to read thread after thread and copy and paste information that would be helpful and relevant to my case.

 

You all gave me the tools, the courage, the knowledge to fight this and win. 

 

I filed my bill of particulars and general denial. Then responded to their interrogatories and dealt with discovery. Then I subpoena their witness, who lived in Minneapolis and was never in California, and sent my MIL and Trial brief. Even after all of that, they thought I would not show up to court, smh. I did and had a short talk with their rent a lawyer, who was actually really nice and complimented me on my work. "You caught them with their pants down." She of course after calling her client to tell them, yes I did subpoena their witness, dismissed my case. I only wish it could of been with prejudice.

 

My win could not have happened with out this website and you all, you wonderful posters who take your own time out to help people, like me, in need.

 

If there is anyone who is lurking on these forums as I did, take trust in these wonderful people and do what they say because it works. 

 

The key thing in my case was to subpoena their witness, who clearly lived in Minnesota and was in no way going to come to California for this. Fight for a dismissal and show up to court. So many folks just don't after all the cases I heard while I was in court. 

 

Thank you all from the bottom of my heart. 

 

Carlos

 

 

 

 

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  • 1 month later...

MIL stands for motion in limine which means a motion at the threshold (beginning) of trial. It's a motion usually filed to prevent a jury from seeing evidence. In these cases it's a motion to strike evidence (an objection).

I don't know anything getting cost back in your state and any links to forms etc would be for Cali only. You will have to look in your civil code of procedures.

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  • 3 weeks later...

@Anon Amos okay, thanks for that info  Anon Amos.  Just curious then, I watch the docket on the clerks website and saw that the plaintiff has finally responded to my

request for production.  But, it was not provided in the 30 days our FRCP states they have to respond.  The plaintiff had asked for an extension of time, I objected to their request, but the judge never ruled on their request.  So, can I then use an MIL to preclude what they provided as evidence? 

thanks for your help...

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You can always object to evidence but you need to learn the rules of evidence that pertain to it. Hearsay, business records exception to it, authentication, foundation, best evidence rule, rule of completeness. Look up your state's rules of evidence. You will most likely need more than a late response producing the evidence.

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