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browniebrownie141

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Everything posted by browniebrownie141

  1. Ladies/ Gentlemen, Would anyone who has experience in motion(s) / hearing(s) tell me & kind of walk me thru how it is ... What's going to happen/ How's going to happen during a motion hearing ? Would the judge makes decision grant/ or no the motion on the spot ...? What are the rules and what I should be paying attention to....??? here is some info: State of California/ Los angeles I had set up "court-call", that I will be dialing in to the court room, as the court is two and half hours (driving) away from my home, plaintiff's attorney is even far away, I bet they will be using court call as well. Thank you !
  2. @BV80, Ahhh....you are showing me a different angle of looking at things,....more importantly, from legal aspect.... Ok...thank you...
  3. @BV80, I am sorry, I did not specify clear enough... Discovery from debt collection case. No, they never sent me those notice. I responsed upon receiving the summon, which in many people's viewpoint, too late, but, they never send me notice to start with. And I got them from the discovery ( debt collection case). They are 2 separate case, and I am trying to use info from 1st case. Evidance they provided -- only half page print-out so called bill of sale/ assignment, without reference to my name & account on that document. Thanks
  4. @Clydesmom: Thank you so much for your detail reply, it sure helps me to shape up my thinking & decision making. I am trying to ask as many people as I can, trying to get a better understanding, afterall, I am the person who face the lawsuit, face the consequence, and liability. This is why I am doing what I am doing. Once again thank you for your advice
  5. Another question: Is it a good idea to have the FDCPA trial with Jury or makes more sense to have the Judge doing it? I am from Los Angeles, and the this "choice" pops up ? It's a federal case. thank you thank you
  6. Hi @ BV80: If you mean by the $amount, it's accurate. From the discovery response, the JDB due to broken chain & lack custody of document, don't have legal standing, thus they mostly likely do not have the right at the beginning to post trade-lines. Also, they refused DV and I got them from discovery, too. That one listed under FDCPA.
  7. @BV80: I agree. No violation for communication in connection with debt collection. But that's NOT my point. What I am asking: "JDB put 6 negative tradelines on my 3 credit reports, + they did not notify me within 30 days,..." Now, as you told me, no private right, under 1681s-2(a). 1681s-2( would not fit, would'nt it? Then, which one will it fits under ? Or is it FDCPA? ( which rules?)
  8. Hi Guys, How to classify these violation? JDB put 6 negative tradelines on my 3 credit reports, + they did not notify me within 30 days,... Will it be under FDCPA: 805 Communication in connection with debt collection [ 15 USC 1692C] Or will it be under FCRA: 1681s-2(a)(7): Financial institution must provide notice to the consumer when submitting negative info to a credit rating agency, must be within 30 days, must be in it's own writing. In conjunction with 616 civil libaility for willfully non compliance [ 15 USC 1681n] / or 617 for negligent noncompliance [15 USC 1681o] I was told earlier, that there is NO Private Right on FCRA !?! Or would it be under something else ? Thank you in advance !
  9. @ debtzapper: I understood your recommendation "getting a attorney". As you also pointed out, you contacted 6 before you got 1. But it is also the fact that I am the person who face the lawsuit, I have a responsibility to understand, to deal with, and to face the consequence/ result of the lawsuit, not the lawyer. This is the reason why I am doing what I am doing. You brought up the "issue" that "from other board", I don't have any intention to name or advertise "the other board" at this forum here, in fact I never mentioned it. It just that I need to ask as many people as possible, hoping to get a better understanding, that's all. In fact, you also read posting over there, right ! Hope you understand, and if I offend you in any way, I apologize.
  10. Gentlemen/ Ladies: After sitting down & refreshing my mind, reading many of your posting and suggestions, I believe, having the case trial at federal court may be a better choice than at small claim court. Some of you suggested taking it to attorney, but as they also pointed out, may be difficult to have someone willing to take over the case, with some mess-up to correct. Need assistance the following: I need help on drafting the complaint meeting the Federal court requirement. As soon as I came up with a draft, please free feel to comment. Someone mentioned to me that I may not have a personal standing on FCRA rules violation Vs. the JDB. Can anyone tell me if it is case / or I just need to kick it with a different twist. Here is my FCRA issue: The JDB entered 6 negative trade-lines at 3 different credit bureau(s) without notification to me, and refused to admit it. --1681s-2(a) (7): Financial institution must provide notice to the consumer when submitting negative information(s) to credit rating agency, must be within 30 days, must be in it’s own mailing. Am I wrong in using: § 616. Civil liability for willful noncompliance [15 U.S.C. § 1681n] (a) In general. Any person who willfully fails to comply with any requirement imposed under this title with respect to any consumer is liable to that consumer in an amount equal to the sum of (1) (A) any actual damages sustained by the consumer as a result of the failure or damages of not less than $100 and not more than $1,000; or ( in the case of liability of a natural person for obtaining a consumer report under false pretenses or knowingly without a permissible purpose, actual damages sustained by the consumer as a result of the failure or $1,000, whichever is greater; (2) such amount of punitive damages as the court may allow; and (3) in the case of any successful action to enforce any liability under this section, the costs of the action together with reasonable attorney's fees as determined by the court. (Civil liability for knowing noncompliance. Any person who obtains a consumer report from a consumer reporting agency under false pretenses or knowingly without a permissible purpose shall be liable to the consumer reporting agency for actual damages sustained by the consumer reporting agency or $1,000, whichever is greater. © Attorney's fees. Upon a finding by the court that an unsuccessful pleading, motion, or other paper filed in connection with an action under this section was filed in bad faith or for purposes of harassment, the court shall award to the prevailing party attorney's fees reasonable in relation to the work expended in responding to the pleading, motion, or other paper. § 617. Civil liability for negligent noncompliance [15 U.S.C. § 1681o] (a) In general. Any person who is negligent in failing to comply with any requirement imposed under this title with respect to any consumer is liable to that consumer in an amount equal to the sum of (1) any actual damages sustained by the consumer as a result of the failure; and (2) in the case of any successful action to enforce any liability under this section, the costs of the action together with reasonable attorney's fees as determined by the court. (Attorney's fees. On a finding by the court that an unsuccessful pleading, motion, or other paper filed in connection with an action under this section was filed in bad faith or for purposes of harassment, the court shall award to the prevailing party attorney's fees reasonable in relation to the work expended in responding to the pleading, motion, or other paper. Also, I am somewhat worried about the Attorney’s fee ( highlighted in different color portion) Can anyone gives me any feedback? If I don’t have a personal standing to use 616 & 617, which rules should I use for getting damages? Million thanks
  11. If I really would like to bring the case back to small claim/ superior court, given they missed the 30days dealine AND the original set trial dtae is now less than 1 month,.... Just double check: 1. Is it a form I can fill out to remend my case ? ( they did so with filing a motion to move my case !) ?? 2. Or if it takes to file a motion to remend, given the original set trial is less than 30 days away, Can I go for Ex parte motion? ( what statues, fed rules, local rules I need to satify to file for Ex parte motion )-- I know about the local rule 7-3 meet and confer, ( motion with deadline, meet & confer at least 5 days prior filing) p.s. I don't think the opposite party will gives me a ok to shorten the time need to file a motion, ...so asking them is = waste of time, but I will need to comply the meet & confer in written mail, certified mail + signature return receipt. Million thanks
  12. While I was at court filing office, the clerk mentioned about Magistrate Judge, and something about everything now must go thru Magistrate Judge ?... Can anyone tell me what is the function of this Magistrate Judge and now there are 2 judges on this case? How is this going to affect me ?
  13. Perhaps I did'nt have a chance to explain my overall situation: 1. On 1 hand, JDB's came back with their repsonse on my discovery ( the case they sue me for debt collection), they revealed with their own writing that pormpted me to go for MSJ. and I just finished the filing for MSJ on that case. 2. Having said that, I am using what their response from discovery in writing, to use it Vs. them in FDCPA & FCRA case. 3. I guess, I am trying to simplify my over-all work-load, the small claim, would surely takes less time, and simplified. That's the only reason. 4. In any given case, disregarding state/ or federal, the losing party mostly may face the attorney cost from the winning side, I know that, so this is not something we can control, we all face the same. 5. If I presented myself in a certain way somehow/ somewhat offend anyone of you, I apologize here. It just that, dealing with 2 cases one @ State level & another at Fed level,....I am worry somehow I will mess up. Once again, Million thanks and feel free to jump in to cast your opinion/ thoughts.....
  14. Also, from some info I read: -- for motion without deadline, the party making the motion "meets & confers" with opposing party at least 10 days before filling & serving the motion. --for motion with deadline, ....at least 5 days before filling & serving the motion. It seems to me, that if they are not following the steps...... Given the fact that they really missed the 30 day deadline, how do I bring the case back to Small claim court/ Superior Court of California platform? And should I file Cross-Motion to not only strike their "motion to dismiss", but also bring back to Small claim Court, & ask for sanction $ for my drafting & asking the motion ?? I notice some of you express that it may be better off to have the case trial at Fed court, but I feel that because I am not really familar with Fed Court Rules, and the fact that Small Claim is a more level-playing field as they would not have attorneys, and less stressful,...& faster.... Million thanks
  15. Gentlemen and Ladies, Just came back from Fed Court in downtown Los Angeles. Here are the info I obtain: 1. As I mentioned, I filed the papers at Superior Court of California/ Small Claim Court dated mid-of september. And the date they made the move of notice was more than 30 days, 32 days to be exact. 2. Now the case is in transition to Fed. Court. 3. They already filed the "motion to dismiss", just 2 days after they sent me that "Meet & Confer" letter. And I notice the zip code they wrote on the FedEx envelope for the meet and confer letter is incorrect zip code, I was surprised to see it took 3 days toget to me ( overnight ), now I understood. 4. which means, the Meet & Confer” letter they sent, merely is a window dressing. The fact that they file 2 days after senting the letter to me with the wrong zip code. 5. Motion hearing date is set in December. 6. I am getting the info listed above from the court filing clerk and thru the pacer account at the court. 7. I have not received the motion papers yet. Now, given the situation, I know I will need to reply the motion and reply their window-dressing Meet & Confer letter. Question -1. How can I strike them that they filed the motion merely 2 days after window-dressing Meet & Confer letter- ( & with the incorrect zip code) -2. Also, given they passed 30 days deadline ( but they still able to move my case, how do I go by making an object and stating the fact that they passed deadline? -3. I will need help on reply the motion. I will post my original complaint with small claim court/ superior court of California/ los angeles county for your all to view, someone mentioned that I should take a closer look to determine if making amendment makes sense. Million thanks
  16. @ nascar & @ debtzapper: First of all, thanks for your reply, you both provided me with valuable info. Regarding the " they must do it within 30 days" ....if I understod correctly after reading, meaning they must filed the request moving to Fed court within 30 days after they received the Summon, right !? As I looked at my summon papers again, I confirmed that it was filed back in middle of September, and the set trial date is AFTER 20th of November. So, the 30 days-cut-off is right these few days. I checked the lasuperiorcourt.org last night and I went to the Superior court during lunch today, from the website and spoke to court filing clerk, both, gave me the understand nothing has changed, at the superior court level, ( or perhaps in transition?) Because I don't have a pacer account, I would need to go to Fed court tomorrow during lunch, to inquire about the actual status. 2 things so far, seems uncertain. #1: the so-called case # ( fed ) the JDB's attorney gave me, some-how looks a little odd, I tried using some website to pull put some fed court calls, using the case# , I was unable to locate. #2: The status of the case-- really going to Fed ( in transition) or what ( 30 days passed they could'nt )? Hopefully, I would able to find out tomorrow and give you all the status ! Million thanks
  17. Here it is: http://www.creditinfocenter.com/community/topic/321995-2-questions/ Thank you Admin, thanks for your attention !
  18. @debtzapper: Thank you so very much, I mean it, and I will need to read it the book you provided. You mentioned "There is nothing you can do to stop removal, but they must do it within 30 days.", Can you tell me what do you mean by this ?
  19. Dear All: Jurisdiction of Court; limitation of action *618 [ 15 U.S.C. *1681P] See: www.ftc.gov/os/statues/031224fcra ANDwww.ftc.gov/os/2011/07/11-720 fcrareport.pdf (page 89) " Any action to enforce any liability created under this title may be brought in any appropriate US district court, without regard to amount in controversy, or in any other court of competent jurisdiction, not later than the earlier of (1) 2 years after the date of discovery by plaintiff of the violation that is the basis for such liability; or (2) 5 years after the date on which violation that is the basis for such liability occurs. " Honestly speaking, I saw that there were posting from different places that they were trial at Small Claim Court, and the one I filed, locates right on the platform of Superior Court of California, it's NOT that I was surprised they try to move to Fed court, but I am surprised that I can't have my case trial at that particular small claim court. Does'nt the above RULE, already enpower the Superior Court of California-Small Claim Court I filed, to trial my case ?
  20. Ladies/ Gentlemen, I will need to some info and steps as to: How do I bring my FDCPA and FCRA case back to Small Claims Court where I originated ? Here are some background info: -Location: Los Angeles, California -FDCPA & FCRA case -Reason why I file my claim at this court house: ( what I wrote down on small claim court paper) –Where the violation(s) took place AND Jurisdiction of Court; limitation of action *618 [ 15 U.S.C. *1681P] See: www.ftc.gov/os/statues/031224fcra ANDwww.ftc.gov/os/2011/07/11-720 fcrareport.pdf (page 89) " Any action to enforce any liability created under this title may be brought in any appropriate US district court, without regard to amount in controversy, or in any other court of competent jurisdiction, not later than the earlier of (1) 2 years after the date of discovery by plaintiff of the violation that is the basis for such liability; or (2) 5 years after the date on which violation that is the basis for such liability occurs. " Now the details: 1 months ago, I filed the FDCPA and FCRA violations case at the small claim court Vs. JDB, but still with the Superior Court of California, Los Angeles county platform. The court date set 2 months roughly from the filing date, now, 1 month to away from court date. I just received a letter from JDB’s attorney, suggesting that my case has been moved to Federal level & they even provided with a case #. However, when I checked my own case at lasuperiorcourt.org, my case summaries does not stated it has been moved. Still court date is the same, at the same superior court house. How do I check the case summaries at the federal court level ? The JDB’s attorney is asking for a telephone “meet & confer”, pursuant to Local Rule 7-3, can anyone tell me what is Rule 7-3? How do I bring my FDCPA and FCRA case back to Small Claims Court where I originated ? They indicated their intention to file a motion to dismiss the case, (I am sure they will try ! ), I guess, I would need to reply the motion when I see it, right? And how many days ( time dead-line ) that I need to reply? Due to that fact that it is only 1 month away, I take it they are under pressure / deadline, right ? So how play this to ensure I get the most advantage when it comes to counting dates and most benefits for my case? Do I immediately file a motion in ( at which court) to stop their attempt to move my case? Or to move it back at Small Claim Court ? Million thanks
  21. @ Admin & Shellieh98: I posted just that 2 questions at the legal section. This way, Admin does'nt need to spend her time moving the entire 4 pages posting for me. Thank you Admin and Thank you Shellieh98 !
  22. Gentlemen and Ladies, I have 2 questions while reading some material regarding Motion for Summary Judgment (MSJ): 1. What is Peremptory Writ ? I saw this while reading California CCP 437c & 438 : under section m. 2. If and when the other side party files a "opposition" to MSJ, while the article says, the very last day to reply is 5 days before hearing, but,...is there a "practice" as to how soon or how late to reply their opposition? I mean, although as stated, but would'nt it gives the excuse to the other side that they need further time & thus, the court may grant additional time and delay the schedule hearing date ? Million thanks,
  23. Gentlemen and Ladies, I have 2 questions while reading some material getting prepared for MSJ: 1. What is Peremptory Writ ? I saw this while reading California CCP 437c & 438 :http://www.leginfo.ca.gov/cgi-bin/displaycode?section=ccp&group=00001-01000&file=437c-438 under section m. 2. If and when the other side party files a "opposition" to my MSJ, while the article says, the very last day to reply is 5 days before hearing, but,...is there a "practice" as to how soon or how late to reply their opposition? I mean, although as stated, but would'nt it gives the excuse to the other side that they need further time & thus, the court may grant additional time and delay the schedule hearing date ? Million thanks,
  24. First of all, go to the website of superior court of california, if you are in los angeles, it is: www.lasuperiorcourt.org , click the "case summary/ or case summaries", somewhere close to the bottom page, enter your case #. From there, you can see exactly what is the status of your case, any move made by you or other side, must "filing" with the court filing clerk office, such as their summon, answer/ reply, motions...( except discovery, which is not required, but I still strongly suggest you do ).... Take a close look at the Case Summary, don't depend on the other side attorney....if you see anything, you should call and ask the Court filing office, they will tell you.
  25. Second thought, I think you can use the PLD-050, my mistake !
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