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Everything posted by browniebrownie141

  1. @Bobbilly: Let me try to jump for analysis.... Yes, you are right, say if a they don't do this in 3-4 years, but rather postpone it to later years....in a situation like this, it means: 1. OC did not do much to recover, & JDB did not do much either. And assuming you did not file bankruptcy either-- nothing happen. 2. Only 1 entity can issue that 1099c ( I hope i am right on this, other may jump in to correct me)-- since nothing happened in first 3-4 years, most like OC did not issue 1099C. 3. OC did not issue but sold alleged account to JDB, JDB issued 1099c to you- say 5-7th years...BUT they MAY have a problem. The way I see it ...same thing with SOL, because they DID not take legal Vs. you then SOL kicks in. And as I said, we need to take legal action Vs and be the plaintiff......in the future. In a way, i think we will HAVE TO, in additon to FDCPA/ or similar State(s) version, AND other type violations ( NOT FCRA-as it does not have private rights for us) I guess we will have to take legal action in order to get THIS monkey off our back, unless, the person already filed for bankruptcy, or stay insolvency all these years.....
  2. Thank You Calawyer: I will copy/ paste that for my trial date--coming up.in mid November..!! As always, Million thanks
  3. 1. can you share with us, which State are you in? So that different people familar with different State/ location of court can jump in to help you. 2. HomesLess's thread has a list of quesionaires for cross examination I believe, print it out, prepare it , practise it. & yr discovery questions, you may once again to ask their witness again.
  4. @shellieh98: Yes, you are right on, typically, as a tax-filer/ tax-payer, we can go back & make adjustment to our previous tax-return filing, i believe it is up to 3 years only, perhaps some other fellow here who has more tax filing knowledge can share with us/ or to confirm for us. When I started writing this particular thread/ posting, there are 2 primary concerns. 1. if JDB all do this, it will cause some trouble on our tax filing. 2. the way I see this, soon the JDB will soon all do this. Why ! It simply a better business--Remember years and decade ago, there was something called limited partnership who offers tax-advantages to weathly people. Well, JDBs can immediately "generate" this tax advantages by selling it weathly people same way as it were limited partnership. AND, JDB no longer needs to file any lawsuit Vs. people, spending $ on lawyers. AND, as always, they will mess with credit reports. And because they switch to this game, chances for them got hit by FDCPA and other violations, are getting slim. In order for us to straight out, we will most likely, need to file an lawsuit Vs. them. And we will become the one have the "burden of proof" how they do not have the right to post negative on our C/Rs, and trying to straight out with IRS.....
  5. Thanks Calawyer: that naturally bakes another 2 questions: --what if, just what if,...JDB don't send me a CCP96 ? Can I simply use a pleading paper & provide my list and state JDB don't send me CCP96 ? --exactly how do I respond if they use that / ie, how it is better for me? ....I'd LOVE to print it out and ready for my trial, so that I only need to READ it OUT LOUD.... Thx
  6. @calawyer, @Anon Amons and all Gentlemen/ Ladies: The clock started ticking for me, I sent out the CCP 96 along with a proof of service, certified w/ signature return request. In the next 20 days + 5 (thru mailing), i assume i will be getting a CCP 98....and the preparation for war. For many of you, who walked with me along, knew, I filed MSJ vs. JDB. Although the MSJ was defeated, Judge said it's only due to "trialable issues". My trial brief, which is based on the platform of my former MSJ, almost done, but still waiting for their ccp98, to ensure the same stuff, or perhaps some new stuff,...will find out,...most likely, i will not post here again to waste yr time. Objection to their ccp 98, yes, will be posted before i send out.... Now, I have 3 questions I want to re-confirm: 1. Statement of Non service ( subpeona)-- Sheriff dept will complete, they will have their own document, right? Because I really could not find it in forms gallery of courts.ca.gov. IF anyone knows i can prepare 1, pls pls let me know. 2. I will have a thing or 2 I would like to list as evidence, Calawyer suggested that I make sure it will complt ccp 2015.....Hmm...besides the declaration I will need to make and sign, do I need to get my signature notaraized? This is important, as many of you, may remember: while I am being sue by JDB on HSBC account, & they provided a helf page so-called master acceptance, without account # on it. I just so happened to have ANOTHER account with HSBC, but was closed due to inactivity, no $ was owed- And I have a letter from HSBC for that. I also, just above a month, sent a letter to CapitalOne in certified mail with signature , as HSBC card service was bought by them. They replied & confirm that. I would like to include these letter into evidence,...it's based on the idea that: " burden of proof falls on plaintiff ; yet the benefits of doubt goes to defendant" I think I have a "shot" to punch a hole on that master card accptance on the basis that they can't pinpoint that document as for the alleged account # instead of my ANOTHER account. So.....I will bring in original to trial, but for the filing part-- does my declaration and copies are good enough? OR do I need to notaraize my signature for the evidence? 3. Anyone have the "People V. Dorsey" Appeal-result case 1974 in PDF format? would love to have this goes into my Objection totheir ccp98. just to cover my "behind"--Vs. their witness .... million thanks
  7. Wow...yr server seems very effective, you got the non-service that early ! by any chance, were you using LA county sherriff dept to serve the subpeona ?? My trial comes later,...that's why i am interested to know...thank you in advance
  8. How about yr " Objection to declaration in lieu of testimony AND Motion in limine to preclude admission of ( their) declaration" ?? Did you file it ?? How about the Statement of Non-service/ or called Due Declaration diligence = subpoena non deliverable ??
  9. Also,....regarding the ccp 1987.b.....is'nt it a little too late for DaSurfer13 to send out to JDB/ plaintiff ?? ....(the notice shall be served at least 10 days prior trial...plus 5 days if it is thru mail ?? ) ...Since JDB/plaintiff sent to DaSurfer13, as a defendant, how to response ? Million thanks
  10. @DaSurfer13: 1. I would love to have a copy of Judicial Notice ( of course, without your personal info / case # ) .....if not too much to ask....perhaps after yr trial....thank you in advance.... 2. If i am not mistaken, "the continuance"....that Calawyer was referring to.....is California Rule of Court 3.1332 Motion or application for continuance of trial... ...Basically, if the plaintiff 's attorney ask the Court to reschedule the trial to a later date, (hourly hire attorney/ or JDB own attorney) wants to delay....you want to stop him/her....as we know that they may not be prepare for trial.... http://www.courts.ca.gov/cms/rules/index.cfm?title=three&linkid=rule3_1332 I saw/heard from somewhere : any such delay request must be at least 24 hours in advance AND must have good reason(s). --This, may be Calawyer can confirm for us here..... IF I point you to wrong direction....sorry i don't mean to harm you....anyone please help...
  11. sorry don't want to "high-jack" this thread here,...just that I would like to ask some stupid questions..... 1. What does Judicial Notice do? How to file ? And..a little confused....Calif Evid code 450-460..... Judicial notice may not be taken of any matter unless authorized or required by law. ......but some MUST be taken ...SOme may...???? .... 2. Plaintiff sent notice to attend trial and filed ccp 1987.b...... How to handle / what needs to be done ?? Million thanks !
  12. I am not sure about Venture county, my own case is in Los Angeles county, due to court reorganization plan (= budget cuts), they only have Norwalk where close to international airport and Chatsworth, which is 2 & half hours from my home...Nice isn't? I myself keep pushing / calling the Court filing clerk office, keep saying " i don't mean to ask for legal advice but rather asking court rules..."....Sometimes it works, sometimes it does'nt. Try to call and see,....about the local court rules...Also, yr venture county court should have it's own superior court website. Also see if this one any helps: http://www.courts.ca.gov/9323.htm
  13. Dearest Shellieh98, String, Anon Amos: Thank you so very much for all of your clarification, indeed Calawyer told me once about how it should be instead of MIL, but i never "get it" / understood what calawyer means, especially when i read over and over "HomeLess" 's posting, inside there were attachment from Calawyer's Oppostion and then his "stuff",... Is it safe that I label that as " Opposition to...." and then put: / MIL on the cover of the pleading paper just like what homeless did? Or it is NOT the proper LEGAL format? Sorry for my stupid question(s), .....thanks 100,000,000 times in advance !
  14. Dear Calawyer/ Sir: I was under the impression that I, as a defendant, would wait for the "declaration of diligence" then submit the copy of it along with Ojection to Declaration of___in lieu of testimony +MIL + trial brief .....say: 7-5 days prior trial date...IS THAT WRONG??? From your above comment, it seems it is wrong. Then,...would you please guide us thru: WHEN to do WHAT.... Million thanks
  15. Dear Calawyer/Sir: Is that considered an 2nd/ separated case law? Could I also add/attach it to my "Objection(s) to Plaintiff's Declaration in Lieu of Testimony besides Target v. Rocha case law ? My case is coming up in November and I am counting the days for CCP96 and get ready for a lots of paperworks....
  16. @Calawyer: Oooh, thank you so very much, I was searching the form section and already went crazy....nervious until seeing your reply. You are a life saver !! Another question relating to exclude/preclude evidence(s)... IF the JDB introducing new piece(s) that was not provided during Discovery-- ( say I asked but their earlier reply was something like "they don't have it as that time...bluh bluh bluh non-sense ).... Can the fact that they DID NOT provided during Discovery, itself can be used as a reason to preclude/exclude? Thank you !
  17. Can anyone point me to the right direction where can I find the form for " Statement of Non-Service"/ or called Due Declaration diligence"? ...a status report the server/ sheriff will fill it out--as the JDB's witness is not available at the address ccp98 stated. thank you all.....
  18. @InProSe: Hello there ! ....thanks for saying ...but honestly i am not that inspirational....just someone trying to get a JDB off my back. But you are correct in saying that there are many good-hearted caring members here, that they "share" their valuable experience, and knowledge here at this place.
  19. @ Calawyer: No, not exactly, that's NOT I mean.....but close ! There were a 2 page Bill of Sale, both identical to each other-I ONLY scanned one listed at the very begining of the posting Page1. What I am saying, on posting #265, they stated that they purchased the alleged account 10/21/2011. But the 2 pages Bill of Sale has a different date. ... I am trying to pay attention to detail, as I notice last time, from their reply to my MSJ, they changed the $ amount WithOUT filing an amend, but I caught it and brought it up to the judge. p.s. I just got a PM from Anon Amos, he is saying he can't post anymore, his account got blocked !! Don't know why....did you hear anything from him ? Thanks Calawyer !!
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