Debterminator!

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About Debterminator!

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    CIC Member

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    California
  1. Screen name updated (Debterminator!). Avatar modified (Smiling). Thanx again everyone. Debterminator!
  2. Skippy, there is much truth in this, and it is grand advice. Thank you for your help throughout. To everyone else... Shellieh98, Clydesmom, HotWheels96, calawyer, Anon Amos, 1stStep, Credator, debtzapper, doublethefun9941, helpme, racecar, RyanEX, Spikey, Wins the Battle, Savoir, and all the lurkers who were just out there saying "I hope this guy wins," thank-you, thank-you, thank-you. You have all given me the support I needed to move forward with confidence and keep me from looking the "Donkey" that I chose for my avatar. Bless you all. And truly, truly thanx. Debterminator! (Fo
  3. Found this online: Dismissal without Prejudice A plaintiff is not subsequently barred from suing the same defendant on the same cause of action when a court grants a dismissal Without Prejudice of his or her case. Such a dismissal operates to terminate the case. It is not, however, an ultimate disposition of the controversy on the merits, but rather it is usually based upon procedural errors that do not substantially harm the defendant's rights. It effectively treats the matter as if the lawsuit had never been commenced, but it does not relieve a plaintiff of the duty of complying with the S
  4. As I look closer at this CIV-110, it appears there is a place for me (Section 3, To the clerk: Consent to the above dismissal is hereby given....) to sign and submit to the court. I assume that I have the option of NOT signing and moving forward? No? Or could I send him a Meet and Confer that says I will only agree to a dismissal "with prejudice" even if I agree that each party bears its own fees and costs? Plus, by their own admission, the on or before date that they claim as the date of default is now CLEARLY past the 4 year SOL in California... how could they refile? Just thinking
  5. Well, tonight I received two letters (one to Personal Name and one to Company Name), each included a POS-030 and a... wait for it... CIV-110 Request for dismissal. 1. To the clerk: Please dismiss this action as follows: a. (2) Without prejudice b. (5) Entire action of all parties and all causes of action (6) Other **Each party to bear its own fees and costs** 2. The court (X) Did not waive court fees and costs for a party in this case Date 01/23/2014 Attorney Signature So this is good, yes? I assume that perhaps he actually received something in the way of BoP from Persolve (the p
  6. We are 30 days from our next CMC, so I sent another Meet and Confer out today, per Local Court Rules. Mostly just a mention that at least "I" am trying to meet and confer, and that Mr. Attorney has still made no such effort. I mentioned the Change of Address issue and the fact that I have yet to receive any notification from Mr. Attorney about this change, and that I only knew about this because I went to the County Court to review my case and saw that he had filed with the Court. I also mentioned that further research with the United States Postal Service indicates that there is not, nor
  7. I'm sitting here today getting my ducks in a row... Marking dates on a calendar posted in my closet... Putting documents and proof of mailing and receipts in file jackets in a binder... and something strikes me... In the Case Management Form that he filed with the court, there is a POS-030 that states that he served me with this same document (to both "My Name" at my address and "Company Name" at my address). And in the Change of Address form that he filed with the court, there is a POS-030 that states that he served me with this same document (to both "My Name" at my address and "Company
  8. It's amazing how efficient things can be... Now that I have a correct address, I am getting CMRRR Receipts back in 48 hours! Sent first Request for Documents out, and forwarded the, "previously bounced," Amended Answer and signed secondary (signed) Demand for BoP. Haven't heard a thing from his side. No requests from me, no formal change of address, no CMC form, none of the things his "process server" swears under oath that they mailed... nothing. One would think that "I" was the one trying to avoid being contacted. Ugh. I'm working on a set of request for admissions, but so many
  9. With respect to the already beaten to death horse called "Change of Address..." The Plaintiffs attorney "Faxed" a change of address statement, and his CMC Form to the court on 12/16/13 and claims to have sent these to me by mail twice. Each one to My Name and address, and again to Company Name and address. I have yet to receive ANY of those FOUR documents at my address. According to the Post Office, there was not, nor has there ever been an address change filed with them. So someone at that first address had to identify my first two correspondences and tell the mail carrier to forward th
  10. Could a couple of you take a look at the following Request for Production of Documents and let me know if there are any potholes? Otherwise it is going out tomorrow. Thanx, Debtermined ************ PROPONDING PARTY: My Name. dba Company Name RESPONDING PARTY: Pentech Funding, LLC To PENTECH FUNDING, LLC, and [its/their] attorneys of record herein: REQUEST FOR PRODUCTION OF DOCUMENTS, SET NUMBER ONE DEFINITIONS Words in BOLDFACE CAPITALS in these requests are defined as follows: a) “DEFENDANT” as used herein shall refer to My Name. dba Company Name. “PLAINTIFF” as used herein shall
  11. Hahahahahahaaaahaaaaaaa......... ugh. Great advice. Debtermined