luckykid12

Need advice defending my case against JDB

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I understand what you are saying. If a judgement was set aside, it goes back to the court like a filed complaint, meaning the original date they filmed is when the sol was tolled. If it was within the sol then, it is within the sol now.

If the judgement was set aside, and dismissed, they would have to start over, and the debt would now be outside the sol.

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Think of it this way:  when judgment is entered, plaintiff "wins" and the case should be over.  When a defendant gets relief from the judgment, the case "reopens" and defendant is entitled to have the court determine the merits.

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So....I was suppose to go to Court this morning at 8:30 but I received a letter from the Court last Thursday telling me that the Court has bumped the date to next Monday , the 8th. Which is good by me because I hadn't gotten the MIL done in time... Anyway, I have finished it and was wondering if any of you fine people out there would proof read it and give me some constructive criticism?

Thank you to all who have helped me thus far,RyanEx,calawyer,shellieh98,Anon Amos, bassplyr,Seadragon, I appreciate it sooooooooooooo much!!! Blessings to you all!!

MOTION IN LIMINE For Luckykid12.docx

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So....I was suppose to go to Court this morning at 8:30 but I received a letter from the Court last Thursday telling me that the Court has bumped the date to next Monday , the 8th. Which is good by me because I hadn't gotten the MIL done in time... Anyway, I have finished it and was wondering if any of you fine people out there would proof read it and give me some constructive criticism?

Thank you to all who have helped me thus far,RyanEx,calawyer,shellieh98,Anon Amos, bassplyr,Seadragon, I appreciate it sooooooooooooo much!!! Blessings to you all!!

I had trouble reading the file, could you post a copy in pdf format or .doc? I use Open office and it doesn't open.

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never mind I converted my downloaded copy. Now I see some missing stuff like:

the witness is not located within this state and cannot be subpoenaed.

The witness is in excess of 150 miles and the court has no jurisdiction.

No witness is named during discovery to conduct discovery on the witness.

The naming of a witness outside the fabric of discover has never been allowed. These are issues that should be brought up.

Out of state witnesses have to be instructed on long arm perjury statute CCP2015.5.

You have no time to conduct investigation.

Citibank is under a consent judgment not to use affidavits nor unqualified witnesses.

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Well I woke up this morning, put my best suit on,reviewed all of my notes and put on my gameface. I was ready for battle!..........I went to court, I had a court time of 8:30, I got there at 8:00 but when I arrived at court and looked at the case log and my case was moved to 9:30...More waiting.....So I sat in the court room watching case after case and looking around to see who the possible JDB Attorney might be....Well the Plaintiff Attorney happened to be sitting right in front of me and she seemed to be glancing around herself, probably trying to figure out who I was :rolleyes:  Anyway there was just one case ahead of mine so she then knew that it was me that she would be dealing with...The judge called up my case number and I went up there with the JDB Attorney and she asked the judge if she could have a little time with me prior to appearing and the judge granted her her request...We then went into a little side office and she asked me some questions - Do you own this debt? I said "No Mam'" - So you do not own up to any of the alleged debt, I repeated "No Mam'. She then asked me about the case, and I said" I filed a Motion of Limine with the court and sent you and your associates a copy" She said "I'm sorry, but I haven't seen it, would you happen to have a copy that I could look at and I said sure, I brought you a copy just in case you didn't have one.." She read it over and and I explained to her the evidence that UNIFUND was trying to use against me, (She didn't even have a copy of that!) and my objections, I was quoting Ca code 1200, CCP96....etc for every piece of evidence against me.....She then looked at her calculator and I thought that she was going to try to make some type of settlement offer amount to me which I was going to refuse unless it was an offer to settle the case with prejudice.....She then said the magic words!!! I am ready to offer you a dismissal of the case with prejudice!!!!! I agreed , signed a paper , we went back into the courtroom and she told the judge of our agreement and that was that!!!! Case dismissed with prejudice!!!!!!!! I just want to take this opportunity to tell the Administrator of this site Thank you for having this wonderful Forum, I could not have done any of this without it and the wonderful people who have helped me down this road!!

Thank you to  shellieh98 ,calawyer,Anon Amos, bassplayr,Seadragon, and a Special Thank you to RyanEX for reviewing my MIL and giving me pointers along the way!! I am forever indebted to you!!

 I thank all of you for your encouragement and well wishes!! I so appreciate each and every one of you!!!! I will pay this forward!!!!! Love and Blessings to you All!!!!!!!!! :clapper:  :nannersplit:  :punknanner:

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Well done. Please post your victory to the

Winner's thread. There have been a few here who haven't posted their wins yet, and people need to see these post.

Congratulations, very happy to hear it. You did a great job.

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There's a thread pinned in the forum called "hall of fame lawsuit winners", that's the one I mentioned posting in.

And congratulations again.

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