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Notes from a User of the Litigation Materials

 

The following is an email from a user of the Litigation materials. It's still relatively early in her litigation, but she has already won two motions and the respect of the lawyer on the other side - and the judge. That's a lot to accomplish so quickly!

 

Hi Kenneth,

Thank you so much for all of the valuable information in your litigation package. I went to court this morning for a second hearing on Discover Banks MSJ. The first hearing was continued because judge granted me leave to file my opposition. Because of your material, I was able to draw up a pretty strong opposition, and consequently their attorney withdrew the motion.

The attorney said that he has evidence that at one point I paid off the account which would indicate that this was my account and that he would need time to investigate and would file another MSJ. Status hearing set for November. Now I will need to study your lessons to see what step I should take to move the case forward. Although I was hoping the attorney would dismiss the case today, I'm glad it was at least withdrawn. I'm hoping this is an opportunity to plan my strategies better. 

Also, The attorney tried to get me to admit it was my account after the hearing by first complimenting me on how well I wrote my opposition and how I defended myself in court and then telling me that he had evidence of a cancelled check from my husband that at one point he paid the account off so why keep denying that it was my card? I was a little nervous at that point and caught off guard so I fumbled on some words, but made sure I didn't admit to anything. In the end, I told him I feel I have valid arguments and that I have to defend myself and will go as far as I need to. He actually said that I do have valid arguments, but it just complicates things and makes it more costly, but complimented me again and a job well done.

I took his compliments lightly, but at the same time I knew my opposition was strong. I was also complimented in a MTD hearing in federal court a couple weeks ago for my MTD opposition, the Defendant's attorney stated in court that he was impressed with the opposition. Judge granted leave to amend in that case. I mention the compliments only because it is because of your program I was able to file strong oppositions. Thank you so much!

Much Aloha,

Maryanne

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