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Everything posted by Sharleemar

  1. @CakeLVR ~ that's a good story! thanks for sharing.
  2. @shellieh98 Thanks tons. I will research the cases. Yes, I do know that Sherman is the parent company of LVNV or sold to LVNV. I have a untrustworthy BOS between the two. As well as a very untrustworthy Transfer from Chase to Sherman. I so have a MIL I found here from - I think from @homelessinca or one of his threads. I have found some good info here and the inspiration to keep going is phenomenal. .
  3. Thanks Anon Amos and BV80. Yes, the numerous calls were made after the C&D letter before litigation. After litigation, I do understand the need for, as pro per, allowing calls pertaining to the litigation (M&C or the deposition coordination) but not calls to collect the alleged debt. RE: the January notarized Transfer - what is curious to me is - I just do not believe that a large bank would go out of the way to put together simple a paragraph related to sale of the alleged CC debt from 2010. Why wouldn't they have the entire account number? and why didn't they do that at the time of sale? I can only imagine the hours spent on reviewing, signing, notarizing, etc. the tons of JDB's list of accounts. This is totally not trustworthy. I want to say its totally fraudulent. I would love to pull in the notary and the person that allegedly signed the doc as a witness to find out. And thank you again Anon Amos for the response to my lengthy paragraph. Very very helpful (as always!). I will be doing up the CCP 96 Response. Preparing my brief and MIL next. Thanks for the tip on the PMing and for the support and cheer~leading! All of nervous Nelly's need a little hand holding... I do anyway.
  4. wow! collectionfighter - I hope you appealed it! You have too many errors of law in your trial. I've also dealt with a judge that is "above" the law. I've been in the court rooms now for over a year watching. I've come to realize that no matter what the judge (sub or assigned) they get to know the JDB attorneys too well. It's almost like a "working" relationship and I judges "know" them and rules in favor of them. Oh, brother... don't get me started on the injustice I've been seeing!
  5. I am preparing my response to submit my CCP 98 to opposing counsel. I hope I still have time... I need to send what I plan on using at trial from my cross complaint (FDCA violations). I have the CR (I assume I can redact items that are not relevant to the case) and the telephone logs, etc. My focus has been more in the way of defending myself than the cross-complaint against them. It was recommended to take them to small claims (by a consultation w/an attorney). Tomorrow: I need to pay for jury fee deposit. I read the fees online and am not sure if it's $150 deposit or $150 per day for 3 days. If someone knows - please chime in. I can cancel the jury right? How? Just not make the deposit.... I just re-read the homelessinca thread regarding MIL, decs, and trial briefs as these can be filed the day of the trial (as I understand) and I have been watching josewales thread as well (all similar to mine). More than likely I will file at the trial readiness conference, which is the day before trial. The thread is so awesome and helpful. Thank you to everyone in the thread! See my post previously; I was going to send the letter asking the notary for a copy of the journal entry from the OC signing the transfer agreement this past January (not near or at the time of the act of the original time of transfer). I didn't get an "Amen" from the panel so I wasn't sure if that was a good idea. More than likely I would not get a response on time from her anyway. As I understand it: the transfer agreement is not a record made in the regular course of business and was made in preparation for litigation and it does not qualify for the business records exception to the hearsay rule (CEC 1271(). Also, the OC person that signed the transfer agreement is in Florida - appears I cannot subpoena him for trial. There is no declaration attached to the transfer letter either and no there was nothing to show the source of information or how the documents were prepared. In the attorneys CCP 98 it states that there is yet to be known the Custodian of Records - How can I call a witness that is unknown 20 days before trial - odd. And in CEC 1271(d) the source and info and method and time of prep of the records must be trustworthy as a business record - not! It's getting close for me. I don't wanna do it (like most in pro per herein)! But I have taken it this far ~ I have to. If I am on the wrong track - let me know. You can PM me. I hate the feeling that "they" are watching - as they said they are/were. I just know that it will be used at trail that I go help on this forum - since he kept using it in the depo...strange. In the end... I think I have the defense part - maybe. But the cross-complaint is not as strong as I wanted. Another attorney suggested to file a MSJ - thoughts?
  6. UPDATE: I received the pink slip in the mail. Then the next day I receive a letter from a collection company saying I owe $5,000. I will respond to them before the 30 days showing a zero balance and pink slip. RIGHT?
  7. Oh... I know!! I just had to do this for my MASSIVE civil battle... I will write the notary and get the copy from her journal entry to see if this guy really signed the doc. writing letter now.
  8. Oppsy - They did...I think. I just received my CCP 98 package back from opposing attny. They have, again, sent the statements, the application, the bill of sale and NOW... (big drum roll) a signed and notarized, on OC letterhead, transfer between Sherman, and OC with my name specifically, the account # (ONLY the last four tho) and the amount transferred. Although, just created this past January. Really??? So, the big wigs at the OC have the time to put together a one paragraph transfer letter from the millions of transfers they do, OR even the thousands of transfers placed into the court system for the folks that fight?? Really?? What doesn't make sense is; if the OC transferred the account specific - why would they not have the entire account number on the transfer that was notarized? . I do not believe it's real? I will have to call the big wig for a depo - but he's in FL Also, they say there will be someone (not yet identified) from "L V NV custodian of records" to testify. Okay, I thought that was what I asked for in the CCP 98?? I have my cross - complaint and I think it's pretty strong... I will need to place the deposit on the jury by the beginning next month. Little worried... but not scared.
  9. I was going to send a copy of the file, I lack knowledge on how to attached or include herein or even send in a personal message. pooey...
  10. I know I foiled their plans. lol I knew goin into this that it was going to be a fight with my cross complaint. I meant to say that they sent me the Bill of Sale signed by Chase and Sherman, the Transfer and assignment from Sherman and L V NV, and a receivable file (Ex A) with a transfer group number. Not one of these items shows anything...does it? Anyone receive this in discovery before. It appears to be made up. Shows me no agreement between me and LV NV or other. thanks for listening... PS: I feel like someone is watching me...
  11. Update: Had the nearly 6 hour long depo. Not really sure how it went. Am expecting the transcripts of the depo any day to review, certify and return. I really didn't say to much OR maybe I did. It felt like getting arrested for something I didn't do, get drilled for hours, and confess to something just to get the hell outta there. Frustrating and was not how I planned my day (clients waiting for me was making me nervous). The attorney that deposed me kept asking me if I researched my responses from the internet and the various forums (like this). I said - of course, I am in pro-per and I also had some advice from my civil attny (not on the case). He said he could tell because my responses sound just like the "ill-informed, want to be attorneys" in the forums. That really p'ed me off! I kept cool. My question to him was, why he was stuck on the internet research and forums opinion...he responded was they he was not the one being deposed, I was. Saying, he was not going to answer (but grinned at my question). He also asked why I didn't bring any documents to the depo as required. I said, you mean as "requested"? I said that I did not have the file with me and that everything I have they have already. I was not about to give them my hand written research notes, notes from this forum, etc. Privileged. Right? I'm sure that attorney is reading this now (Hello Mr. J.!)... He said, that I have a colossal consulting career, live in a high end house and make lots of money. I responded that he must be getting his information from the ill-informed internet because none of that was close to the truth. Since the truth is I live in a 850sf house in a gang invested ghetto, barely surviving on less than $1,200/mo and drive a 14 year old car. So this week I finally get the discovery response. And just like most everyone's answers herein on this forum - my questions were "vague and ambiguous, blah, blah, blah". The some ol' song and dance they always give - so I really got nothing. BUT I DID GET the bill of sale which was not authenticated. It shows Sherman purchased a block of accounts from Chase, Sherman assigned to LVNV and shows me nothing in the way of my name or the purported account number, amount or any other information. So, I really would like ANY opinions: but one concern I have is asking for a jury trial and the "inconvenienced" feel it posed on the judge. I look forward to hearing back. It's now getting crunch time and my "crunch" is feeling a little soggy right now.
  12. Update: I had the second CMC last week. The attny (on the telephone) for LVNV sated they are still in discovery. We set the trial date to be April 21st. The judge asked the attny if t was going to be a "short cause" trial. The attny said it maybe longer since I have a cross complaint. The judge looked at me as if I agreed and I said, No, your honor, I will want a Jury trial. The judged looked irritated and said he will put down for three days, said I had to post the jury fees and the trial readiness conference is on April 17th. So, I have my depo today at 10:00. As I mentioned - they want me to produce everything in the way of evidence I have - which I have nothing more than what was exhibited in the response to the compliant. Oh wait... I do have my credit report printout. But they should have that since they know they did not report that the account was in dispute that is listed on it. My cross complaint is for constant telephone calls from the attorneys office to collect the debt after I sent them a cease contact letter, not providing proper verification, 15 USC 1692 g(; attempting to collect fees, interest, expenses that are not authorized by any agreement permitted by law: 15 USC 1692 f(1); engaging in conduct of which to harass, oppress, abuse; continuing to pursue collection and unverified debt, filing a suit, forcing me to defend against: 15 USC 1692 d; failure to communicate the credit bureaus or other persons the debt is in dispute: 15 USC 1692 e(8); falsely representing LVNV is the original creditor or that the assignment constitutes a proper valid assignment; just to name a few. The alleged debt is for $$6K plus but the cross may reach higher than that. As shellieh98 said... "I do not recall" is my favorite response in the depo.
  13. The Depo is the 23rd of January - 10 days after the CMC. Thanks for the tip on the depo. I'm sure their reason to depose me is because of my Cross-Complaint. Funny... the judge pushed the CMC out due 90 days because the plaintiff had pending discovery and it's their excuse again. When I go the the CMC I will hopefully move the court to have trial immediately or file a motion to what? dismiss? summary judgement? The plaintiff has not proven standing - although they sent me statements from the account and a signature that appears to look like mine - that's all I have. Of course they are not authenticated and subject to hearsay.
  14. Back on the board... the case seems to have been on the back burner for a bit. Next step, the CMC on January 13th. Now I have a scheduled deposition on the 23rd. In the subpoena the asks me to bring ALL documents relating the Chase Bank credit card (currently owned by LVNV); payment copies, dispute letters and responses, correspondence to and from LVNL, charge slips, all printed sales receipts reflecting the charges, all documents in my possession or control to show I do not owe money on the account, copies and each and every document reflecting to any telephone calls made to defendant on behalf of LVNV (already submitted as an exhibit). Not once, after numerous times I responded, have they amended their complaint due to knowing the errors of having two "original creditors" and 2 plaintiffs named on the suit.
  15. So today I had the CMC. I arrived on time, looked sharp (was asked by the security and bailiff if I was an, I checked in with the bailiff, I was #15. It took only 10 minutes to get to me since most folks just don't show up (shameful and very sad). I got up there. The plaintiff was on the phone and introduced themself before I could fully get to the table. There was a very long pause of silence before I got up to the table. I was almost compelled to shout my name while I was walking up, but quickly thought to remain confident and professional - so I went normal speed, put my stuff down on the table and said, "good morning your honor, then my name". Next, the judge asked where the plaintiff was with their part of the case and the attorney said they are ready to file a motion to ? (I couldn't hear him), but they are waiting on my discovery response which is due on October 30th (actually is due on Oct 20 and I've already sent back), and they asked to set a trail date. The judge said, "Noooo, since discovery is still pending I'm going to schedule another CMC about 90 days out, (looked at his calendar) lets set for January 13th." The attorney stammered a few words (which I could not hear) and the judge repeated the CMC to be that date and told the plaintiff to send a notice. The judge looked at me as if I might to say something, I just said "Thank you your honor" picked up and walked out. I knew this was gonna be no biggie. I just wanted to give everyone an update. I'm still feeling kinda giddy since I sent back my discovery response with mostly objections and denials being that I do not know who the real plaintiff is. I'm sure now that the CMC was extended the plaintiff can resend me the discovery with the correct plaintiff name - darn.
  16. Here is my strategy: My responses are due back by October 18th (the day of the CMC). I will mail the responses back just in the nick of time (to arrive just short of the CMC) (I feel giddy inside) ~ so they'll get the information on the responses that show the embarrassing mistake on the Plaintiff info. All my answers (most all) are per the suggested verbiage of Calawyer. In the meantime, I will be sending my requests to them. The CMC will provide the trial date for the case – I’m sure to be after the new year. That will give them enough time to request a Set 2 of each (ugh!) Same questions, I’m sure. Calawyer: I’m assuming that I can put the same responses to the ROGS. I will look around herein for some more ways to respond to the specific q's wihout giving away too much. I sooo want to stick it to 'em.
  17. The application has both my sig and date signed. The only printed date is the offer being good until July 27, 2007. They arrived at the damages in the amount of the balance on the last statment of July 2010. I thought I read somewhere that the default buyer (company) has to be named in the terms of the agreement (not just any POS-JDB).
  18. Awesome! What an angel you are Calawyer. Thanks! This is exacatly what I had scambled in my head. lol. It's like, being on the tip of my toung but I can't get it out. I am working on this tonight.
  19. Thanks shellieh98. my post was cut short for some reason.... To finiish my thought... Yea, I believe law firms and lawyers were held to a higher standard under the eye of the court. AH-HA! I just noticed they also did it to the Demand for Prod and the interrogs but not the Admissions. They did that in their response to my DVLtr to them; stating the OC was Capital One Bank (USA) using their address but then also saying Chase Bank USA in the body of the letter (the law firm did not the JDB). I never had anything from the JDB on this account. SO... My first reponse to the three items they sent me with Portfolio Recovery on the should say "Objection...something, something. something... In my cross-complaint I have that I can't tell who is the REAL Plaintiff is; the OC, the JDB or the lawfirm since the lawfirm is also a collection agency as listed in their collection letters. Adds to my cross-complaint. The other item I would like some help on is general language for is the Admissions, Interrogs and DFProd as listed in my previous post. Obviously, deny all. I have looked around at 1111girl and ASTMedic, etc. thanks so - so much for any further help on this... I'm gettin' there!
  20. Okay, I'm asking.... I've read through the repsponsed from 1111girl, Calawyer and ASTmedic. All great info. In the Plaintiff response for my BOP's they have listed them selves like this: Portfolio Recovery Associates,LLC (not LVNV Funding, LLC) Plaintiff
  21. (BIG GRIN)... THANK YOU Calawyer and helpme. I know... I sound pathetic and desperate...i'm usually calm, cool, and collected... Taking very deep breaths... whew! ok...I made it today to file. I gave simple answers as suggested. oh, and I FINALLY found ASTMedics post that he credits to Calawyer, Seadragon and numerous other members help... it's amazing...I wish I would have "favorites" that a long time ago when I started my research for answers here. I could have saved some members and myself a headache (laughs at self). Thank you again. I am sure I will have a few more questions in the very near future. Right now I will be sending off the rest of the docs and a meet and confer letter this Friday (tmrw) since the BOP is vague and limited to just a few statements - if that is still suggsted. If not, just say so I will not send. Side note: I am in a HUGE civil litigation battle with a very large utility type of company - breach of contract and Cross for fraud. This issue is rather tiny in my world but for the other I have a lawyer to handle it. This in pro per stuff is exciting and relatively easy if the rules are followed - I'm still learning the rules and trying my very best to follow them.
  22. HELP! I NEED TO FILE BY TOMORROW a Case Management Conference Statement. What is that??? what does it need to say? is it just a form or a letter? I've read through Seadragon, 1111girl, Calawyer and others and cannot find any samples. My Case Managment Conference is October 18th. I have a cross-complaint with my answer I have the BOP plaintiff responses The Discovery, Admissons and Irr has been sent by Plaintiff and not sent by me yet (working on them). I can do a meet and confer this week - but what do I say? do? I am soooo lost! I'm trying to get the direction I know is on this forum but it's not coming in. Perhaps because I'm sooo lost on what to do next I've confused everyone that could help. I want to win my case. I just cannot afford to pay these guys and it would totally BLOW to lose when I've been trying to "get it". Any help is apprecaited - really! Thank you!
  23. thank you helpme. that is what I needed. I knew it was there but couldn't remember where I found it. I am still not sure what to do with or how to respond to the exhibits they produced in the BOP response. Although they are not authenticated. I will be working on my response and interr's and discovery to them.
  24. Thank you 1stStep! Please forgive my rudimentary questions: What does the authenticated app / statement look like? Is there a stamp or written statement or something else that will show me an auth? What is a meet and confer? I mean, what will I have to do or be prepared to do? They have been really fast at responding and I'm sure they will respond quickly. Should I send discovery and admissions now to them or is that too late?