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eyoung27 last won the day on July 2 2014

eyoung27 had the most liked content!

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  1. @travis-x, sorry for the late reply—I was out of the country. If you haven't already done so, YES please start a new thread. It sounds like you will definitely be able to fight this but I'm not sure the process since I've never experienced that situation personally. If they've already gotten judgement against you you'll probably have to file a cross-complaint or motion against them and go back through the court system. But there will be people who have been there and/or know the laws better than I who can help guide you in the right direction. Best of luck!
  2. @Mopar2u, I haven't had a chance to strip my documents down and make them generic, but I'd be happy to tell you where I got my information. I created my Objection from the form on post 428 in Homeless's thread: http://www.creditinf...ifornia/page-22 I created my Brief using some of String's stuff on post 48 in this thread: http://www.creditinfocenter.com/community/topic/319956-sued-by-cach-llc-in-ca-update-i-win-its-over/page-3#entry1295072, combined with the docs posted in ASTMedic's thread post 1: http://www.creditinfocenter.com/community/topic/317277-how-i-beat-midland-in-california/#entry1202922 Hope that helps!
  3. On a side note: Does anyone have any suggestions for some awesome members in Colorado? I know @shellieh98 would be a great contact. Any others? ... My good friend is in similar trouble in CO. He is dealing with OC though. :-/ I'd love to give him a couple contact names and perhaps a few good threads to read of people who have beat OCs. Suggestions greatly appreciated. Many thanks!
  4. GREAT NEWS!!! Case dismissed! I think I could have "taken it" had we gone to trial Thurs, but I'm happy to be able to go into the holiday weekend stress free. A special thank you to @calawyer, @Seadragon, @ASTMedic, @string, and @Anon Amos who were instrumental in my building my education and confidence. I could not have done it without you! I feel like I'm pretty well equip to handle another complaint should it come my way. ... But, I'll certainly be back if that does happen. HAPPY 4TH EVERYONE!!
  5. Thank you @ RyanEX! ... I still have a hard time finding the rules when I look them up through the court website. I appreciate the correction. Phew–At least I wasn't late! .. Although knowing this the on Wed would have saved me $55 .. oh well.
  6. I had read somewhere that Trial Brief had to be served by 4:30 pm on day 5 before trial (which is why I didn't mail mine and hired a process server again). I'll have to dig around for it though to find where I had read that ... --------------- Found it. Rule 4.22.11 Trial Briefs and Motions in Limine A. Unless otherwise directed by the court, all motions in limine (as authorized by law) and trial briefs must be filed with the clerk of the trial court and faxed (in accordance with the Cal. Rules of Court, rule 2.306) or personally served on opposing counsel no later than 4:30 p.m. five court days prior to the date set for trial.
  7. Yes, filed my Trial Brief and Objection yesterday and hired a process server to serve it on the attorney the same day by 4:30 pm (that was something I had read last minute and had to adjust to quickly). Interestingly enough, I did not recieve plaintiff's Trial Brief yesterday though ... Now I just have to prepare for trial over the weekend. I work 40 hours a week and wont really have time to do much the few days before trial next week. Any advice?
  8. This weekend I need to prepare all my papers for trial (which is next Thursday—yikes!). Can anyone tell me where the rules are about the "binders" and how many copies you need of everything are? I never had a pre-trial meeting or anything where the judge asked for anything.
  9. Thanks string. I'm getting caught up in the exact phrasing to use ... but I think I need to look big picture and move on.
  10. She actually doesn't refer to them in the Dec in Lieu ... It's just and exhibit. She does keep saying that "according to original creditors records ... blah, blah".
  11. So these are what they used as "Bill of Sale" and "Assignment" as Exhibit A of ther Dec in Lieu. Both don't seem very legit to me but, I'm having a hard time figuring out exactly what arguments to use in my MIL. Have to turn in Thursday am ... Any advice is appreciated!
  12. Got it, thanks! Heard from the process server again ... Email 2: "Attempted service, P.O Box place was closed. Erin, would you like me to make a phone call to the company and see if I can get a physical address for the company? I am ready to deliver the subpoena to the P.O Box." Email 3: "Spoke with Cheryl at the 888-384-4452 number, Autumn Bloom lives in Ohio, not in Los Angeles. Their attorneys are Lang, Pritchard, but Cheryl couldn't remember the last name of the company. I can still deliver the subpoena and did confirm Ms. Bloom is with the company." The answer is, yes, she should substitute serve it to the receptionist at the P.O. Box location, correct?
  13. Does anyone have a sample "Objection to CCP 98" that they could share with me? ... I'm wondering what you titled that document and what the structure was. Is it exactly the same as a MIL but you just title it differently and remove the MIL references? I guess I'm still not sure what the difference is. Is there CA code about the objection? I haven't been able to find any. Lots of questions, sorry.
  14. Just found out from my process server that the address they provided for the declarant is a P.O. Box. She said she can leave it with front desk clerk on the third attempt.
  15. I asked the process server after 2 attempts, to please substitute service and leave the subpoena with whoever will accept service on the last attempt and fill out the Due Diligence Declaration. Is that correct, or should not substitute serve it and just have them fill out Statement of Non-Service? I feel like I've read of people doing it both ways and I'm not sure why.
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