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  2. If a defendant handles the case by themselves, do they have a right to win back the costs in the trial assuming they win? Can that be costs in their own time for research, writing, driving, etc as well as costs for mailing, process servers, etc ? What have the courts ruled on this? How should defendant properly keep a record to later claim this?
  3. Today
  4. You should come to Minnesota where they can sue you without filing in court and even do sneak peek garnishments before deciding if it is worth it to file in court if you do not answer. Or go to Georgia where it is trial by fire and you are not allowed any discovery if in Magistrate Court Trust me, California is a very debtor friendly state. First off, account stated is a legal setup in all 50 states which dates to the time when local stores would set up credit accounts with their customers. I actually have a case from North Dakota from the early 30s that was based on account stated.
  5. 2014 sadly, I think they removed the arbitration clause after 2010. Looks like I'm SOL : (
  6. Hi, thx for the response. 1: I am filing an answer as we speak, just not sure what to put in it. 2: I did default due to going to a professional school and losing all income. 3: should I call the office that is suing me and offering them a settlement or?
  7. Thank you for the response. I need to find out if need to wait until I receive the BOP before filing MTC.
  8. > Even if it is something like their balance does not match the balance you have. Okay, this is really good. The OC is using the usual cause of action: open book and account stated. These seem impossible to defeat since they just present the statements What do you think of raising and affirmative defense of fail to cause action - breach of contract? I would like to demand the contract since it is after all how the fees and interest and balance calculation is made. How do i ask for that in discovery? 'give me the orignal contract'? Esp as ive read they respond with a generic c
  9. It depends on what the contract says and if you read CCP 96 and CCP 98, you will realize that the person they want to fly in has to be given personal service within 150 miles of the courthouse. Also, if you write an answer and they do a MSJ without discovery, then you can usually beat that by showing the judge that there is an issue of fact that needs to be decided by the judge. Even if it is something like their balance does not match the balance you have. Trust me, if you file a reasonable answer, a MSJ will most likely not be granted. Especially in California, which again, is a debtor
  10. The thing is, demanding for someone to fly in (or maybe zoom these days) will incur huge costs. And if the debtor looses, they will be responsible for those costs. Am i wrong in my thinking?
  11. If you are in limited civil court, read up on CCP 96 and CCP 98. If you are served with a “Declaration of Plaintiff in Lieu of Personal Testimony at Trial”, you can subpoena the affiant to personally appear at trial. The plaintiff must follow it. Here is a decision from the CA Supreme Court that addresses CCP 98. https://scholar.google.com/scholar_case?case=11539742947026699092&q=“ccp+98”&hl=en&as_sdt=4,5 “We answer the Ninth Circuit's question as follows: Section 98(a) requires an affiant to provide an address within 150 miles of the place of trial at which lawful se
  12. The cases that ive been finding are at the appeals level. Like you say they are always the defendant loosing and the ruling saying something like 'creditor had all the paper work to prove xyz and defedant didnt provide anything' what im looking for is EXACTLY what to ask in discovery before this summary judgement event so i have the 'reasonable answer' . i dont think i will find a smoking gun or anything like that, but ineed to know what to ask for in disocvery so i can tell the judge there are issues here that need more discovery and ultimtely a trial. if i can push this out to a year it
  13. There is one extremely important question. What year did you open the account? If you had the account for more than a decade before default, your strategy would be different with Cap 1
  14. A judgment was issued against you by a court. You are being contacted by an attorney representing the plaintiff who won the judgment. Is it the same attorney who represented plaintiff in court? How could this be a trap? In PA, judgments last for 20 years as long as they are renewed every 5 years. From what you said, it’s another 3 years before the judgment must be renewed. What does the letter state about paying the settlement amount? It doesn’t matter if you bring up that the original balance is a judgment amount. A judgment was issued against you, and the law firm
  15. @giothegerman When sued, the first thing to do is answer the complaint. The documentation should inform you of how much time you have to file an answer. If you don’t file a timely answer, a default judgment could be awarded to the plaintiff against you. You are being sued by the original creditor, Capital One. Did you open the account and default on the balance? Is the date listed on the statement 2019? If so, it would appear the debt is still within the statute of limitations (SOL) for your state. If this is your account, I would file an answer with the court. Send a co
  16. Are the settlement papers signed by the attorney and do they state that the judgement would be considered paid in full if you paid the settlement amount? If so, then those letters would be fine to prove accord and satisfaction in the event that they tried to come after you for the rest. As for the court, if the plaintiff attorneys do not do it, you have to file a Satisfaction of Judgement with the court and include the papers. They usually cost $5 - $10. They have probably realized that there is no way they will collect the actual judgement and so are trying to get something. As
  17. You can go through the cases BUT you are going to find that about 98% of the cases are either settlements or summary judgements because the defendant did not answer or provided a weak answer. You are better off posting the particulars of this case on this board and member such as @RyanEX who are familiar with California rules can help you in whatever you need, unless the plaintiff is a creditor like Capitol One, Discover, or AMEX who almost always sue on their own debts, either don't have arb clauses or are willing to follow you all the way in arb, and have the paperwork required to prove thei
  18. If you file a reasonable answer (one that is more than "I cannot afford to pay this debt") and show that there are issues to be decided at trial, you can stop a summary judgement. In fact, California is debtor friendly so the judges will tend to lean away from issuing a summary judgement if you can give a reasonable reason for them to do so.
  19. Hi guys, I was served a summons that I'm being sued from what I assume is a junk debt collector on behalf of capital one. What should I do in this case ? File an answer and deny this or ask for more documents to confirm the validity of the account. Ive attached the files I've received. Im new to this and not a native English speaking individual, I would appreciate any help. Thank you. Exibit a and B are just the account agreement and one of my statements when the account was charged off. IMG_2272.HEIC
  20. At some point you are deemed to have waived your rights to arbitration. That point varies state to state. In Florida even answering the case waives your rights. In Wisconsin you can choose arbitration up to the trial date. I don’t know about your state. In most states it varies judge to judge, and can even vary for the same judge depending on his mood. There is only one way to find out. File an MTC.
  21. About two years ago, I had two judgments ordered against me in a single collections case involving two separate accounts. Since that time, I have not paid the judgment amounts, nor has the CA attempted to collect on the judgement. Recently, I receive two separate letters from the law firm representing the CA in the lawsuit. Each letter indicates a balance due that is identical to the judgement amounts... but offer a deeply discounted settlement amount for each account. At first glance, this sounds like a great opportunity to finally settle the judgement amount, which was also deeply
  22. Yesterday
  23. How much time passes between the MSJ to decision? HOw to rebute that?
  24. Arent all these cases public? Can we just see what their standard responses are? How would I find SUCCESSFUL defenses against their standard responses. Basically how can i learn what counters people use for an open book / account stated with an OC? There must be a chink in their armor
  25. I was sued by JDB back in 2011, but did not know because I was in other country. They got default judgement & waited almost 10years before trying to garnish. In March, we went to court & had the judgement vacated, but now a new trial is set. I have motioned for a bill of particulars from judge to get information and begin my defense. Can anyone advice me on what other steps to take? Also, the credit card agreement does an arbitration clause, but I don't know if it is too late for that or how to proceed with it. This case is in Virginia. Any advice would be tremendously appreciated.
  26. Last week
  27. Hi can you share how much time passed between you filing your answer and them sending the Request for Admission? im trying to research more on these S&H people and how they handle cases
  28. If you watch your case file, you will be given a court date. In California, if you are in one of the larger counties, it might be 2 years out or more. In the meantime you have to follow the discovery process because you can be sure that they will be looking for a reason to do a MSJ so that they can get the judgement quicker. In fact, be ready to show that there is a material fact of dispute because I almost bet they will try to do a MSJ quickly.
  29. So instead of a 30 day response period it goes quicker? Im sort of counting on the OC to be slow due to so many cases they are suing but they probably have it all automated and ill be fighting a computer. yikes!
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