Rookie

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Rookie last won the day on April 22 2014

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  1. I Just received another call from the lender & I answered the call. She said I was listed as a reference by my brother and asked, again, to have him call them back. I told her this was now the 8th call I've received from them and asked that they stop calling me. I didn't get a chance to record the call, tho. I told her I have relayed the messages to my brother, but can't make him pick up the phone. I also told her I was not my brother's answering service 🤣
  2. Each time they have called me they ask me to have my brother call them back at the number they give me. Twice I have told them 'OK, but I don't really speak to him.' (I lied) They are careful not to mention the nature of the business.
  3. My brother is going though some hard times & a lender from where he borrowed some money keeps calling me to have him return their calls. I have received 7 calls over the past month, 2 times I spoke to them & 5 times they left me messages on my voicemail asking me to have my brother call them. I thought they were only allowed to contact me once. It's getting annoying!! Is this a violation of the Fair Debt Collections Practices Act (in California)? Can I file a complaint? Can my brother file a complaint, too? Thank you for any information you can share!!
  4. Just received our check from H & H in response to the memorandum of costs. Thanks everyone for your help on this case!!
  5. Really? Can you explain how the sol is tolled if they were never able to prove the debt was mine in the first place, I denied the debt and the suit was dismissed? Now I'm starting to stress.
  6. Yes, I still have the letter the court sent notifying me that the case was dismissed.
  7. I'm leaning more toward sending the letter. If they file suit, then game on! If they don't, well then that will save me a few gray hairs .
  8. OMG! Here we go again. I just received a letter from a new law group stating that they are now representing Cavalry and "the account has been referred to our offices for collection. " Funny thing is one of the attorneys, Krista White was with the original law firm who file suit against me. Then the representing law group became Krista L. White & Associates. Now, the current group she is with is Suttell, Hammer & White. In the letter it states that the last payment was made 8/2010. Should I send them a nice letter telling them to take a hike and threaten them with a FDCPA violation if they try to file a lawsuit? SOL in CA is 4 years, so they're past that. It's also a BofA account, which is out of DE, thus a 3 year SOL. Either way it's beyond the SOL. How should I respond or should I? @Anon Amos, @calawyer, @Seadragon What do you think?
  9. I'm not sure I can or need to file a request for judgement. Was you case dismissed? Thanks for the heads up. I had that already completed on Friday last week, but it is still on my husband's desk.
  10. Here's the code: 2014 California Rules of CourtRule 3.1700. Prejudgment costs (a) Claiming costs (1)Trial costs A prevailing party who claims costs must serve and file a memorandum of costs within 15 days after the date of mailing of the notice of entry of judgment or dismissal by the clerk under Code of Civil Procedure section 664.5 or the date of service of written notice of entry of judgment or dismissal, or within 180 days after entry of judgment, whichever is first. The memorandum of costs must be verified by a statement of the party, attorney, or agent that to the best of his or her knowledge the items of cost are correct and were necessarily incurred in the case. (2)Costs on default A party seeking a default judgment who claims costs must request costs on the Request for Entry of Default (Application to Enter Default) (form CIV-100) at the time of applying for the judgment. (Subd (a) amended effective July 1, 2007; previously amended effective January 1, 2007.) ( Contesting costs (1)Striking and taxing costs Any notice of motion to strike or to tax costs must be served and filed 15 days after service of the cost memorandum. If the cost memorandum was served by mail, the period is extended as provided in Code of Civil Procedure section 1013. (2)Form of motion Unless objection is made to the entire cost memorandum, the motion to strike or tax costs must refer to each item objected to by the same number and appear in the same order as the corresponding cost item claimed on the memorandum of costs and must state why the item is objectionable. (3)Extensions of time The party claiming costs and the party contesting costs may agree to extend the time for serving and filing the cost memorandum and a motion to strike or tax costs. This agreement must be confirmed in writing, specify the extended date for service, and be filed with the clerk. In the absence of an agreement, the court may extend the times for serving and filing the cost memorandum or the notice of motion to strike or tax costs for a period not to exceed 30 days. (4)Entry of costs After the time has passed for a motion to strike or tax costs or for determination of that motion, the clerk must immediately enter the costs on the judgment. (Subd ( amended effective January 1, 2007.) Rule 3.1700 amended effective July 1, 2007; adopted as rule 870 effective January 1, 1987; previously amended and renumbered effective January 1, 2007. Also a definition: http://definitions.uslegal.com/m/motion-to-tax-costs/ Motion to tax costs is a motion to contest a claim for court costs submitted by a prevailing party in a lawsuit. The requests the judge to deny or reduce claimed costs. It is basically a challenge to the costs requested by the other party. For example, A who won a lawsuit claims a right to have his attorney fees paid by the loser, then the loser can file a "Motion to Tax Costs" to avoid paying these charges.
  11. @John4600 This time against H & H was a lot less stressful. I saw on oldwoman's thread that H & H dismissed her case, http://www.creditinfocenter.com/community/topic/324831-ccp98-violated-now-the-plaintiff-is-sending-in-live-witness/page-5 Also, another thread it was dismissed after they filed an objection to the Declaration in Lieu of Live Testimony. As far as what happens after the trial or dismissal, don't stress about it. Chances are it'll be outside of the SOL (Statute of Limitations) at that point. You'll have also shown that you're not an easy target. It's a game to them and they're hoping you let them win. Don't do that! They did nothing to earn your money. My case was dismissed, but they tried to be tricky. They delivered the dismissal to my front door the night before the trial readiness conference, however, there was nothing recorded on the docket. We went to court and saw the bailiff hand the rent-a-lawyer a document. Then it appear the lawyer left the courtroom to make a phone call. This guy waited until our case was called by the judge to see if we showed up. It wasn't until that point that rent-a-lawyer informed that court that he had been instructed to dismiss the case. PM me any time you have questions about these slime balls. Also, the Case Management Conference is nothing to stress about. The court is basically just checking that things are coming along. However, if you don't show up in court the plaintiff will win a default judgement against you. So, attend every conference or meeting unless the court tells you otherwise.
  12. Well, thank goodness we showed up at the Trial Readiness Conference! We checked the docket several times today to see if the case had been dismissed, but it never was. Had we not shown up at court they would have given the plaintiff a default judgement. But we were there and you could just see the plaintiff's rent-a-lawyer's body language when my husband stood up to approach the bench. First thing out of his mouth, "Your Honor I've been instructed to dismiss this case without prejudice". WooHoo!! And in the process I was able to refer a few people from the courtroom to CIC
  13. In my first case I requested all of the usual: BOP and a motion to compel BOP, RFAs, RFDs and ROGs. Of course, all I received was the usual denials and lack of documentation. The stress that put on me did cause some health issues at the time and it didn't even help my case. So, this time (against H & H and PRA) we sent them a BOP and answered their RFAs, ROGs and RFDs and did not give them anything they could use against me. I took ASTMedic's advice and just laid low. 30-45 calendar days before trial we sent them a CCP 96. Calawyer suggested sending it overnight express mail, as the plaintiff will have 20 + 2 days to respond. Otherwise, if it's not sent overnight/next day delivery they have 20 + 5 days to get it in the mail.In the mean time we received their Declaration in Lieu of Live Testimony (CCP 98) we subpoenaed the witness, who of course was not available for service. So, we objected to it and filed the objection with the court and sent a copy to H & H.We were going to object to their response to the CCP 96 because they listed several witnesses that were all located at the same address and had no job title, but we received the Request for Dismissal last night on our front doorstep. Nothing has been recorded on the docket and today is the Trial Readiness Conference, so we'll be there with the dismissal in hand just in case. I hope this helps.
  14. In the end, we elected to only file the DEFENDANT'S OBJECTION TO ADMISSION OF DECLARATION OF PLAINTIFF IN LIEU OF PERSONAL TESTIMONY AT TRIAL. In this, we cited CACH v Rogers (2014), California Stell Bldgs., Inc. v Transport Indem. Co. (1966), Elekins v Superior Court (2007), Gee v Timineri (1967), Herrera v Deutsche Bank National Trust Co., People v Khaled (2010) and Target National Bank v Lucy I. Rocha (I LOVE LUCY!!!!). Due to the fiasco with the two day express mail, my husband was prepared to object to all the witnesses listed in the PLAINTIFF'S STATEMENT OF WITNESSES AND EVIDENCE (Maria Marin, Colby Eyre (HA, HA), Evita A. Rodiguez, Johnny B. Tabor, Mark Lozano and Myrell Johns all with the address of 4330 La Jolla Village Drive, Suite 310, San Diego, CA 92122 - interesting). Then, at 10 pm tonight, the night before my husband's readiness trial, we received on our door step, without a knock or a ring, from UPS, just like a fart in the wind, a Request for Dismissal from Hunt & Henriques, Attorneys at Laughable Law from San Jose signed by Anthony DiPiero . Funny thing, the proof of service was signed by DiPiero, as well, but that may be a another thread. So, I / we would like to thank all of those who aided us in preparing my husband's defense. Additionally, I would like to recommend to those who are going through this BS to read up, be thorough, respond timely and, in the end, you too can kick these sleaze ball types to the curb. We are still on the docket, though. My husband is showing up tomorrow and now he wants his money back. To be continued....
  15. @John4600 Where are you located? I'm dealing with H & H right now. Trial is on 12/8 if they don't dismiss. There are a few threads re: H & H and Portfolio. Read ASTMedic and Homeless' threads.