RyanEX

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RyanEX last won the day on November 6

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About RyanEX

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  1. Agree. Consult an attorney. If you feel you can prove your husband wouldn't have been there when they claimed they personally served him, you might have something; but an attorney would know best. In case you can't, you may have to consider making a deal with them and paying off the judgment thru your refi, if you have enough equity to cover it.
  2. They can ask the court to deem those unanswered admissions as 'admitted'. Since the Req for Admissions probably contained a few lines like "admit this is your debt" & "admit you owe plaintiff $9K", it could be a fatal error. Best you can do is get them answered, fast. And if they move to get them admitted anyway, fight it. I'm not sure how to address that Nov 5 packet that had a Nov 2 deadline. You never responded to the post with the sample questions/admissions, are they the same?
  3. Can certainly do that too - belt & suspenders approach, as calawyer liked to call it. It can be served on plaintiff and also filed with the court, putting it in the record. One of his recommendations is to name it "Objection to ..." instead of "Motion in Limine to..." - https://www.creditinfocenter.com/community/topic/324789-sued-by-midland-funding-court-date-in-31-days/?do=findComment&comment=1307801
  4. Gotcha To your previous post: A motion may not be the proper step. While they've sent you documents during thi process, your trial hasn't started therefore none of it has actually been submitted to the court as 'evidence'. A letter to them (meet and confer?) informing them that they failed to comply with your CCP 96 request and you'll be objecting to any and all evidence/witnesses at trial might be better. Did you serve a proof of service with your CCP 96 request & get delivery confirmation? Did they send you a CCP 98 declaration/affidavit? (you would have that by now if they planned on using one).
  5. Sorry to hear that. On the bright side, the code/deadlines will work to your advantage in this process. If the judge is a stickler for the code, then he/she should be a stickler against the plaintiff too.
  6. 28 days, still 2 1/2 weeks to go... exactly how many days before trial did you serve it? You'd be right up against the allowable window to have sent it (between 30-45 calendar days before trial). Just want to eliminate that as a reason they didn't respond.
  7. Oct 24th or Sept 24th? This would be substitute service - is that how it appears on your online case file? Usually the type of service (personal, substitute, etc) is named, but not always. Anyhow, substitute service is considered complete when the 2nd copy is placed in the mail, not when you were handed the first copy. The 40 day timeline begins that day. Your mailed copy should have come with a proof of service, you'd go by the date on that. CCP 415.20 B http://www.leginfo.ca.gov/cgi-bin/displaycode?section=ccp&group=00001-01000&file=415.10-415.99
  8. At this point I think I'd sit and wait. By law (FDCPA ยง 807.5), if they tell you they're going to sue you, they have to follow through or be be subject to a lawsuit from you. So they will most likely sue you in the near future. Don't stress, as I mentioned before, CA laws are very good for you in these cases. If you haven't already, take a look at that thread I linked previously. They'll likely have a process server come find you to serve the complaint, or will leave it with an adult at your house. Don't worry, just accept it and mark your calendar with the due date on the answer (which you can make on a simple form you can download from the state).
  9. If you can't obtain a more detailed record, then when you get the complaint and prepare your answer, you can assert the affirmative defense for 'suing on a time barred debt' - that will put the burden on them to show that it is within the statute of limitations.
  10. I did a free credit report with Equifax earlier this month. It detailed payment records (month by month) going back as much as 7 years. Good chance you can find out when you first missed a payment if you get one. https://www.ftc.gov/faq/consumer-protection/get-my-free-credit-report If they sent you that letter, then they intend to sue. You can do searches for your name on your county's superior court site to keep an eye on it. Don't stress, California has very favorable laws for consumers facing these types of suits. Read this thread, explains a lot: https://www.creditinfocenter.com/community/topic/317277-how-i-beat-midland-in-california/ If your card agreement has an arbitration clause, people have had good success with that too.
  11. Yellow arrow would be plaintiff's name > Cavalry SPV (according to your original post). Filling in you name on line 1 will generally deny the complaint; it's not a verified complaint so that is sufficient. In the first box at the top, with your info, the line Attoney For: you can write in "In Pro Per" to indicate you will represent yourself. FYI your name is displayed on the form you posted.
  12. I don't remember specifically, but I don't see my own discovery request in my files, so I think I just waited.
  13. I'd write up the responses and serve them asap.