Forums

  1. Announcements

    1. Polls

      Weigh in on what's going on with your credit, debt or legal issues.

      109
      posts
    2. PLEASE READ BEFORE POSTING / Board Announcements

      Find posting etiquette tips, other "rules of the road", abbreviations explained, and announcements we need to share with you. All new members should start here.

      173
      posts
    3. Resources

      Place to go to look up helpful information such as state laws, case law and other sites for finding great information regarding credit repair.

      494
      posts
  2. Credit Repair Forums

    1. Credit Repair

      All your credit repair questions.

      153,897
      posts
    2. Collections

      All your questions about those nasty collection agencies and what to do about them.

      147,401
      posts
    3. Credit Bureaus/Reports/Scores

      Everything you wanted to know about the Big 3 (and all the other little ones, too!)

      44,731
      posts
    4. Credit Article of the Week

      Get the latest news about credit and finance!

      11,366
      posts
  3. Legal Issues

    1. Is There a Lawyer in the House

      Hang out with our expert legal minds - get advice on lawsuits, procedure and credit case law.

      310,491
      posts
    2. Bankruptcy Q and A

      Have questions about filing a bankruptcy? Wondering what it will do to your credit? Here is the place to start.

      15,720
      posts
  4. Debt Validation

    1. While You are In It Debt Validation Q and A

      This forum is for those of you who have started the debt validation process and need more information.

      26,672
      posts
    2. Debt Settlement

      Tips and tricks for getting out from under all of that debt.

      16,491
      posts
  5. Loans and Banking

    1. Obtaining Credit Cards, Auto Loans and Financing

      Everything you want to ask about credit cards, auto financing and other types of loans other than mortgages: which programs are best, interest rates, etc.

      45,522
      posts
    2. Mortgages

      By Popular Request

      18,441
      posts
    3. Student Loans

      Get the latest news about credit and finance!

      5,481
      posts
    4. Banking and Finance

      Questions about a specific bank? Personal investment/finance questions? Ask the experts here!

      4,817
      posts
  6. Non Credit

    1. Off Topic

      Get to know each other here - all other non-credit questions....

      53,626
      posts
    2. Wine

      I love wine, so if you do, too, here is a place to discuss it.

      644
      posts
  • Who's Online   0 Members, 1 Anonymous, 21 Guests (See full list)

    There are no registered users currently online

  • Forum Statistics

    105,360
    Total Topics
    862,555
    Total Posts


  • Topics

  • Posts

    • calawyer if you have some advise, I found the following.   1: Wilcox v Birtwhistle the court found that: Construing subdivision (m) to permit the withdrawal or amendment of deemed admissions is consistent with the Legislature's intention to remedy these problems. By eliminating the time limits on obtaining relief, subdivision (m) is much less draconian than the previous practice — which only gave a nonresponding party 30 days after receiving notice of the deemed admissions to obtain relief. Applying subdivision (m) to deemed admissions also allows the trial court to tailor the sanction to the severity of the discovery abuse.[6] Any concerns about potential harm to the propounding party are alleviated by the need to show no substantial prejudice and the availability of additional sanctions. (Ibid.) In contrast, precluding the withdrawal or amendment of deemed admissions is arguably more draconian than the previous practice because the nonresponding party may have as little as 15 days — the minimum notice required for a motion — to avoid an irrevocable admission May this apply? I noticed that I could not find (m) on 2033. but I did find (b) on 2033.300 (b) The court may permit withdrawal or amendment of an admission only if it determines that the admission was the result of mistake, inadvertence, or excusable neglect, and that the party who obtained the admission will not be substantially prejudiced in maintaining that party s action or defense on the merits.   thoughts?
    • Also the hearing (motion) to admit the admissions has been herd and minute orders states it has been admitted.
    • Hi guys I have some bad news. But I am hoping you guys can help anyway. The above mentioned case went with out activity since  Sep 2016. But in May Admission were sent to me. (I did not get them my own fault since I moved) and I did not respond in time to the date of the hearing for the Motion for Admissions which was in May of this year (05/04/17) So as it stands the Admissions have been admitted in to evidence. So am I screwed. If all their admission are now by default true is their any defense? The admissions are basically this: I had account xxx,  Account XXX was issued by Chase The balance was $$$$ on  XXXX date. I have made no payments since XXXX Account XXX was sold to Midland on YYYY Midland is the owner of XXX   Thoughts?
    • No, the Judgment of Dismissal doesn't come till much later. First you file your MC-010 (with PoS-30) and serve a copy on Plaintiff (addressed to their attorneys). I've just finished receiving my costs back from LVNV - and this while the suit had been dismissed back in July 2016. You can read about filing a Judgment of Dismissal here: But you're not there yet. First, file your MC-010 with PoS (and serve a copy on Plaintiff). I didn't CMRRR it and they ignored me, so I suggest, since you're dealing with LVNV, to CMRRR it. Wait 15 days (15 + 5 if serving my mail) to give them time to file a Motion to Tax (they didn't in either of our cases). If they don't respond with a check, then you can write them a letter reminding them that you've filed an MC-010 and send them a copy of it and give them another 10 days. If they still ignore you, then you can draft a Judgment of Dismissal. Persistence is key here. Midland Funding paid our costs back fairly quickly so no Judgment of Dismissal was necessary. But it took nearly a year for LVNV to pay my cost of suit back (they cited that they never received either the MC-010 nor the follow up letter I sent them....uh-huh). The moment I successfully filed a Judgment of Dismissal (served them a copy with PoS) they ponied up. But like I said, you're not there yet.
    • If I actually get on the phone with scum like this my goal is to waste as much of their time as possible.  False address:  1313 Mockingbird Lane.  I tell them to come on over with the documents and bring donuts I will make coffee.  If the calls are becoming too often simply answer and tell them you know it is a scam and refuse to pay.  They will move on to easier prey.
  • Popular Contributors