Leaderboard

Popular Content

Showing content with the highest reputation on 05/17/2014 in all areas

  1. You can file a motion for clarification. Only before you file an appeal though. I messed up and asked the judge for clarification , the same day I appealed so it was a moot point. Once an appeal is filed the judge that ruled is out of it!! Ask the clerk of court for the form, or just file a motion to request it. He should have to tell you why he ruled. Of course this is time sensitive, so put something like Fast track or ask the clerk to put it on his desk as time sensitive.
    2 points
  2. @pampamk You need to speak to a consumer attorney who's familiar with the FDCPA. Filing in the wrong county is an FDCPA violation. You can't bring up the first 2 filings because they occurred over a year ago. What you need to find out is if a reinstatement is the same thing as filing. If it is, then that violation would be within the one year FDCPA SOL. You would have a complaint against both the JDB and the attorney. That's 2 separate awards. An FDCPA complaint might make all of this go away.
    2 points
  3. I turned in today , I will see what they say next week. Thanks everyone .
    2 points
  4. As Anon wrote above, get your CCP 96 request in the mail TODAY. You're still within the window where the plaintiff is required to respond, but you are barely within that window, so make it a top priority. A form you can use is available for download http://www.courts.ca.gov/documents/disc015.pdf. The proof of service form is also available http://www.courts.ca.gov/documents/pos030.pdf. Get these both in the mail CMRRR. A couple things you'll want to check in your county: 1) Does the sheriff do service for civil subpoenas? Some counties don't offer this anymore, if so you'll need to arrange f
    2 points
  5. They are not nearly as entertaining as the spammer who was typing in Cyrillic a couple of weeks ago, though.
    1 point
  6. On the pre-legal notifications it gives the Aero Dr. one as to where to mail correspondence. Says that is MCM's business address.
    1 point
  7. Rule 7.1 would apply because your motion to strike the affidavidt is one they included to get the records admitted into evidence for the MSJ. It should have been included with your opposition, and a seperate motion is not allowed according to the 7.1 rule. The MIL is used for "at trial" and is not for MSJ. Ammend your opposition to include the affidavidt preclusion.
    1 point
  8. @ Az Piano Lady 14 I just might do that. Perhaps file the motion for clarification on Monday, while I am working on my appeal. The more I research the more I feel I have no choice but to appeal.
    1 point
  9. what they have is sufficient evidence if you do nothing. If there is no objections to their evidence, the judge lets it in as fact and will rule accordling. Do you have antoher thread with your case info in it? If you want to win this it is going to require you to study your rules of civil procedure, go through discovery, and write motions. We will help you, walk you through, guide you in the right direction, but you will need to take some time to spend defending yourself.
    1 point
  10. As I recall the explanation a judge gave to a DC attorney basically went along the lines of, "the regulation did not require the destruction of evidence after two years. Your client chose to do that and that is not Credator's fault."
    1 point
  11. Wins makes a good point. You should look into that possibility of a lawsuit. Find a large personal injury law firm. Should be plenty in CA.
    1 point
  12. I don't see anything deserving of being allowed in at trial. Many strategies detailed on the board, but you might want to consider another request: for the Agreement for Purchase and Sale of Charged-off Accounts (I think that's what it says). Not likely to produce it and if you win a MTC, they'll probably quit.
    1 point
  13. Looks good so far. The words in brackets are meant for you to select whatever is appropriate. So the first would be "its". As far as the remaining brackets, the represent causes of action (or claims) that plaintiff may have asserted in the complaint against your Dad. Check the complaint, select the appropriate claims, and delete the rest. Then you will put it in the mail and do a proof of service by mail: http://www.courts.ca.gov/documents/pos030.pdf
    1 point
  14. I DID IT!!!!! My trial date is set for early June. Just yesterday I received a Motion to Dismiss from the JDB. The motion states that it would benefit both parties and the court if the case was dismissed. In other words, they had nothing and it was going to get expensive for them. It goes to show that staying strong and not folding to these "people" will prevail a majority of the time. The only caveat to this is they requested this dismissal without prejudice. I'm not worried about it though. My SOL is coming up very soon and this is the second time this case would have been dismissed withou
    1 point
  15. We've had examples in the past where a debtor made comments on the board and then sued the lawyer trying to collect. The lawyer tracked down his comments here and used them against him in court. So, I'd say, if you can prove the lawyer "contacted" you via the board, you might have evidence for a court case. By no means would that be an easy task.
    1 point
  16. You need to get the ccp 96 in the mail today, tomorrow at the latest. I would send it CMRRR. They need to have their response to it in the mail within 25 days from the day you put the CC9 96 in the mail. It needs a POS with it (signed by a friend), technically the friend is supposed to mail it. The sheriff usually serves subpoena towards the end of the 20 days (before trial). You can hire a process server which is more efficient or have a friend do it as well. After a few attempts I would have them leave it with someone else if it were mine, just because I could then argue I gave them eve
    1 point
  17. I am so sorry to hear of this. I know how you feel. The judge will rule on a MTD at trial if it was filed after the answer. I will post my appeal memo on your thread so you can see the format. Of course you have to use your states case law. Also Dave in Phx posted his on my thread. Basically you are going to put in your appeal all the reasons you feel the judge ruled incorrectly.Did the judge give you any appeal info at the trial??/ There should be a website to download the forms or pick them up at court. There will be rules on your states appeal process. Again , so sorry
    1 point
  18. I wouldn't mention the different plaintiff names. It's a judgment call on your part whether or not you agree to give them longer to respond to the BOP. A judge may prefer you do work with them a bit, but 45 days is excessive. I would send a meet and confer letter stating that you plan to litigate actively and in good faith, and will stipulate to more time. However, 45 days is over four times the amount given by CCP 454. I think 12 - 20 more days is plenty (especially considering today's technology), and more than they deserve. Also, they can always reserve the right to dismiss without prej
    1 point
  19. Congrats. What a great result. You just beat a professional litigant represented by a lawyer in court. By yourself. With one hand tied behind your back. Blindfolded. etc. Don't forget to request your costs.
    1 point
  20. Here's some of my stuff: This one was the winner. It was the first thing addressed by the Court: String MIL to preclude everything.docx String dec in support of MIL re everything.docx Credit for the heavy-lifting on the rest of these goes to HomelessInCalifornia (many thanks!): String MIL re ccp98.docx String dec in support of MIL re ccp98.docx String_trial_brief.docx String trial brief tables.docx quick note on the Trial Brief: ccp 2015.5 wasn't at issue in my case, so I removed the argument, but I did leave two references to it in the brief. They should have been re
    1 point
  21. OK, figured it out. Here's JDB's Opp to my MIL re ccp98: Redacted_Opposition to Motion in Limine.pdf Here's the Request for Judicial Notice (legislative history that the MIL Opp is based on): Redacted_Request for Judicial Notice.pdf Here's JDB's Trial Brief Redacted_Plaintiff's Trial Brief.pdf Never assume that JDB is correct just because they put something in a brief; I was prepared to argue that JDB's opposition to my ccp98 MIL actually supported the MIL - I think that's true. (Hint: make sure you understand ccp 1987.) Also, didn't have time to look up all case
    1 point
  22. Did they serve you a copy of the CCP 98 document 30 days before trial? If not, that is in violation of the statute. rt
    1 point
  23. I'm not from Cali but should you cite the rule or statute that is not satisfied by the Bill of Sale? i.e.: The grounds for this motion is that Plaintiff tampered with the evidence it is trying to introduce at trial they have blacked out the right side of this document and it is unknown what other changes have been made to it without having the original signed paper presented or a copy their of, the last page EXIHIBIT B appears to have been typed up and shows no direct link to the Bill of Sale and Assignment which is required by rule/ statute ???
    1 point
  24. II. ARGUMENT 1. Code of Civil Procedure section 454 governs the use of a Bill of Particulars in California. Pursuant to this section, a plaintiff need not detail all items of an account in the complaint. However, upon request, plaintiff must provide all such information within 10 days or be precluded from giving evidence thereof at trial: "It is not necessary for a party to set forth in a pleading the items of an account therein alleged, but he must deliver to the adverse party, within ten days after a demand thereof in writing, a copy of the account, or be precluded from giving evidence there
    1 point
  25. NOTES I FOUND USEFULL Bill of Particulars Valueable Lawsuit Tool for Defendant 1) File your Answer to Complaint. 2) A few days later send request for BOP only if the complaint’s CAUSE OF ACTION is breach of contract/common counts. Send it USPS with CMRR /include Proof Of Service. Your BOP does NOT need to be on pleading paper. For a list of items that need not filed with the court, go to Title Three Rules STRATEGY: Send your first BOP ASAP so you can complain about the insufficient response in your Meet & Confer statement. CA Codes (ccp:452-465) You have to show the courts that you tr
    1 point
  26. Please see below meet and confer letter for answer sent by plaintiff to BOP does anyone have any suggestions or would this be ok to send certified ? defendants name and information xxxxxx xxxxxx Dear MIDLAND FUNDING On 09/xx2012 Defendant served its request for a Bill of Particulars on Plaintiff. Pursuant to CCP section 454, Plaintiff has ten days to respond or it will "be precluded from giving evidence thereof." As described below, plaintiffs’ response is entirely deficient. Plaintiff has not provided an itemization of the account showing all charges and credits thereto. It has not pro
    1 point
  27. Midland only sent you one statement. That is not enough. Send the letter set forth below. You are entitled to every statement from the time the account was opened until you allegedly defaulted. Dear ____ On ____, Defendant served its request for a Bill of Particulars on Plaintiff. Pursuant to CCP section 454, Plaintiff has ten days to respond or it will "be precluded from giving evidence thereof." As described below, plaintiffs’ response is entirely deficient. Plaintiff has not provided an itemization of the account showing all charges and credits thereto. It has not provided the underlying co
    1 point