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  1. Actually, I do think that. That being said, never go into a fight expecting the other guy to back down. Expect the worst, that they will fight you in court and bring a witness. If you prepare for THAT, you will be ready for anything.
    2 points
  2. For those who need copies of their credit card contracts/card member agreements.....I stumbled upon this site today: http://www.federalreserve.gov/creditcardagreements/ It is the Federal Reserve consumer credit agreement search page. It has a drop down menu and you can select the name of the issuing financial institution. It seems to work pretty well. The files are available in text and pdf. Hope this helps!
    1 point
  3. Has anyone heard of a collection agency called PAG or anything of that nature? They called my son today being totally abusive, trying to scare him about an old bank account that got overdrawn and then written off, telling him it's a felony, etc. Of course he was pretty upset, but I told him that they're just trying to scare him and get him to whip out a credit card for all the money they can get. They've threatened to sue for an amount that's double the amount of the original debt. When we tried to pin the guy down about who he was with, he didn't want to answer, rattled off a bunch of c
    1 point
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  5. Raul, On some excellent advice, I took the same course of action as you are and came out guns a blazin with a MTD based on DE SOL. Your motion to dismiss uses much of the same arguments, case law, and opinions that I used. In my case, the judge said nope, and that was that. What it did for me though was get my mindset right from the start, and also let them know I was going to fight with no holds barred. I'm curious if anyone has had success with this tactic in AZ, or heard of anyone who has. I'm pretty sure that what's going to have to happen is that some cases are going to have to go to
    1 point
  6. You still have time to subpoena the declarant. You can learn about this ccp 98, and find it's flaws quickly. You have time to subpoena the declarant, and motion to strike the ccp 98 declaration. 1) The declarant is supposed to be at his residence 150 miles from court, 20 days prior to (and until) trial, so that he can receive subpoena service. 2) The declaration must be signed under the penalty of perjury to the state of California. You can win the case right here alone. Since you did not send them a ccp 96; you just will not get to see the evidence they will use against you BEFORE trial. I
    1 point
  7. @Flyerfan is dead on. You need to be prepared for a fight regardless. There's no guarantee they will dismiss your case. Logic says they should, but this is Asset Acceptance where logic and reason don't apply.
    1 point
  8. Objecting as irrelevant and unlikely to lead to admissible evidence is fine. If they M&C or compel I'd give up the information but its not like they can throw you in jail for objecting to a question on a ROG. The worst that can happen is they compel you to answer. Object away, sir!
    1 point
  9. It seems that DC/JDB plaintiffs that file MSJs tend to rely on case law relevant to defendant MSJs. Fortunately, in Arizona we have Wells Fargo v. Allen where the court clarifies the difference between a defendant's MSJ and a plaintiff's MSJ. I always "appreciate" the DC counsel arguing for their telephonic appearance to save me, the defendant, expenses should I lose. If it is just the plaintiff's attorney, fine, they can "phone it in" (the judge and I will be winking and/or shaking heads at appropriate points) and let me be present. If it is a plaintiff/witness I am going to fight hard to h
    1 point
  10. PRA is among the worst. Lemberg Law got a $350K settlement from them this year. http://www.lemberglaw.com/blog/?category_name=debt-collection
    1 point
  11. There is a time limit for filing a cost memo. But you can't possibly comply if you were not served. If you do file the memo, I would do a quick declaration saying that, contrary to California law, the dismissal was not served on you. You discovered it by checking on line and are filing the cost memo within 10 days of discovering the dismissal.
    1 point
  12. Thank you- good to know there's still hope. I'll continue researching and trying to get my ducks in a row. So far, I have 3 interesting observations- 1- they have never given me a contract. Some bills, but never a contract, signed or not. 2- I moved during the time period the have the bills for. In what they sent me, the adress didn't change until 5 months after I actually moved! 3- the adress for service on the ccp98 is abc legal services- a process server, not even a local law firm. K8nda interesting I thought. Thanks again!
    1 point
  13. No matter how many times I try to help a person from MI, I always seem to miss something, or get something wrong, so I am just going to say go to the top of this forum, there you will find bmc100's post on fighting a lawsuit in MI. Read it very CAREFULLY, MI has rules on how you answer, as you must state a reason for denial after each cause of action, and file an affidavit. So I would read it, then reread it. He says 99% of the time defendant's lose to a default because they didn't answer the complaint properly. Here is the link to his post. http://www.creditinfocenter.com/community/topic/
    1 point
  14. My two cents has nothing to do with legal advise but more to do with keeping up the good fight. I would not give them an inch because they would not do the same for you. A cool thing of going before the judge is that at least you will get to meet him and get the nervous jitters out of the way. The few times I have testified in court have proven that idea. The first time, I was very nervous, then the more I went the easier it got and more assertive I could respond to his questions and counter the other side. But that is me.... Keep up the good fight brother... There is no more retreating.....
    1 point
  15. AGREED. I don't think you will ever come up a against a worse bottom feeder than CACH. They make sure the lawyers they hire fit their business model as well.
    1 point
  16. That is a very good question. For purposes of qualification of a foreign corporation, `"transact intrastate business' means entering into repeated and successive transactions of its business in this state, other than interstate or foreign commerce." (Corp.Code, ยง 191, subd. (a).). United Systems of Arkansas v. Stamison, 74 Cal. Rptr.2d 407 (1998). In other contexts, courts have held that debt collectors who do nothing but hire attorneys to file suit are nonetheless required to obtain a collection agency license. The reasoning here is that the filing of lawsuits constitutes "collection acti
    1 point
  17. These are some basic "rules of the road" we've always kinda gone by here on CIC to make everyone's visit go as smoothly as possible. We don't ask much... POSTING This is a public forum, which means it can be viewed by anyone. Do not post personal information (ie: your real name, address, account information, etc.). Search First, Please Before posting a question, take a quick look at the topics already in the forum you're in. Your answer may be right there on the page in front of you. Posting duplicate threads without first looking to see if the question or topic has already been covered ca
    1 point
  18. Want to be notified when someone responds to your posts via email? Mentions you by name in a post (that's what the @Mention link is for under your name when you post)? You need to set this in your notification options. 1. Go to the top right corner of the forum, click on your user name then: 2. My Settings > Notification Options> Notify me when there are new replies to my topics My Settings> Notification Options> Notify me when someone mentions me in a post 3. Select how you want to be notified and boom, you are in the loop!
    1 point
  19. I won judgment in trial yesterday ... http://www.creditinfocenter.com/community/topic/320243-going-to-trial-in-california/ I hope my story and the materials I have prepared and gathered can be of benefit to others. When you are down, there are good people with good hearts and warmth and experience and knowledge to help you out. We're there for you.
    1 point
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  21. Here is some more information that I got from another site. With regards to assignments: "Case law tells us that even though a creditor can legally assign an account to a collector, it is not enforceable unless the debtor agrees to the assignment. The collector has no standing to collect without your consent. The agreement can be established by making a payment to the collector. This is called "consideration." In order for you to be obligated to any assignee, you must have derived some benefit from the assignee, or paid a bill to them, or signed a new written agreement (a novation). You must
    1 point