Debterminator!

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About Debterminator!

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  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! (Formerly known as Debtermined, and having previously reserved the right to use this new moniker - see post 15).
  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 Statute of Limitations, the time limit within which his or her action must be commenced. A dismissal without prejudice is granted in response to a notice of dismissal, stipulations, or a court order. So in my case, by their own admission (in the complaint) they filed just three days before the supposed "on or before" date that the 4 year SoL would have expired. If this case is dismissed, and they decide to "re-file," then we are clearly already past the SoL even by their own admission. It would appear that I have nothing to worry about, unless they can "re-open" the previous case, and (correct me if I'm wrong) they cannot do that. Debtermined
  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 out loud here. Debtermined
  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 previous JDB) and it lead him to believe that I either had him on SOL or on Lack of Standing as I said. Is the "without prejudice" what I want? Or could this thing come back to bite me later? I consider the cost (on my part) of this action a worthy investment in my education, even if I don't get it back. Clarification before celebration... Anyone... anyone... Debtermined
  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 has their ever been an official Change of Address filed for his address. (Just want him to know I'm on top of things). I also mentioned that I re-sent the Request for BoP, and restated that CCP 454 allows only 10 days for a response and not the 60 days he had asked for. Those 10 days have passed, twice now. So mostly it was a "Hello out there.... nothing has changed" letter. In 15 days I have to file the new CMC form and then in 15 more days the Case Management Conference itself (which the Judge has said he "must" attend this time). Should be interesting. Still nothing from his side. No Bill of Particulars. No response to my Request for Documents. The only thing I have to object to, is that I have nothing to object to. And of course he hasn't asked me for anything yet either. I suppose I should be working on my first Admit / Deny. Trial is in May if nothing changes. Debtermined
  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 Name" at my address). Both of these were filed on 12/16/13 (that's nearly a month ago) and to date, I have never received ANY of these four documents at my address. The only reason I even know about the Change of Address is because I went to the courthouse and checked the file for any activity. Is there anything in this for me? Or am I just getting myself in another uproar for no reason?
  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 of the questions I want to ask are based on what I believe his disingenuous responses "will" be. Have a great weekend everyone, and thanx again for your help and guidance. Debtermined
  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 them to the new address. This would explain why (during the holidays) the next two letters bounced, and took 9 extra days just to get returned to me. I suspect that someone in his new office faxed them to the court, but perhaps forgot to "Mail" the copies to me? One missing letter during the holidays is understandable, but FOUR? No. As a result of finding out about the new address by going to the court myself, I have forwarded the original, unopened, postmarked bounced envelopes (after taking a Color Scan of them for my own records), to the new address. I have also filed new POS-030's for both again with the court. He should get them tomorrow. Debtermined
  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 refer to Pentech Funding LLC, YOUR agents, investigators and ANY individual or entity acting on YOUR behalf. c) “ANY” as used herein shall mean ANY and all. d) “IDENTIFY” shall mean the name(s), address(es), and telephone number(s) of each PERSON, and the title, location and preparation date of each DOCUMENT. e) “DOCUMENT” or “DOCUMENTS” as used herein shall mean ANY kind of written, recorded or graphic material, however produced or reproduced, of ANY kind or description, whether sent or received or neither, including originals, non-identical copies (whether different from the original because of marginal notes, or other material inserted therein or attached thereto, or otherwise), and drafts and both sides thereof, and including, but not limited to: (1) papers; (2) books; (3) letters; (4) correspondence; (5) telegrams; (6) cables; (7) telex messages; (8) memoranda; (9) notes; (10) notations; (11) work papers; (12) transcripts; (13) minutes; (14) reports and recordings of telephone or other conversations, or other interviews, or of conferences or other meetings; (15) affidavits; (16) statements; (17) summaries; (18) opinions; (19) reports; (20) studies; (21) analyses; (22) evaluations; (23) contracts; (24) agreements; (25) ledgers; (26) journals; (27) statistical records; (28) desk calendars; (29) appointment books; (30) diaries; (31) printouts: (32) data processing records; (33) microfilm; (34) photographs; (35) maps; (36) charts; (37) accounts; (38) financial statements and reports thereof; (39) all records kept on ANY computer and/or electronic storage system including floppy discs, CDs and computer storage back-up systems, (40) all records kept by photographic, or mechanical means; (41) all emails written and received; (42) plans and specifications; (43) things similar to ANY of the foregoing, however denominated. f) “ACCOUNT” as used herein shall refer to the alleged business line of credit ACCOUNT number XXXX on which this lawsuit is based. g) “PERSON” or “PERSONS” as used herein shall mean and include natural persons, governmental entities and agencies, proprietorships, partnerships, corporations, and all other forms of organization or association. h) “YOU,” “YOUR,” as used herein shall refer to Pentech Funding LLC, YOUR agents, investigators and ANY individual or entity acting on YOUR behalf. i) “RELATED TO” means and includes, without limitation, referring to, relating to, pertaining to, being relevant to, directed to, originating from, evidencing, memorializing, reflecting, embodying, containing, constituting, identifying, stating, describing, depicting, concerning, supporting, refuting, disproving, and negating. j) “COMMUNICATIONS” include ANY written, telephonic, or personal contact, including but not limited to telephone conversations, telephone messages, meetings, written correspondence, e-mails, notes, facsimiles, or other contact. INSTRUCTIONS A. Responding Party is hereby requested, pursuant to Code of Civil Procedure sections 2031.010-2031.510, to serve a written response under oath within thirty (30) days after service of this request, to which you may add five (5) days if this request is served by mail. B. All originals and copies of the items requested, which are in the possession, custody and/or control of responding party or are otherwise available to responding party, which are responsive to the following requests, shall be produced and identified. C. If any DOCUMENT herein requested was formerly in the possession, custody and/or control of Responding Party and has been lost or destroyed, Responding Party shall submit, in lieu of such DOCUMENT, a written statement which (1) describes in detail the nature of the DOCUMENT and its contents, (2) identifies the person who prepared or authored the DOCUMENT, (3) identifies the person to whom the DOCUMENT was sent, if applicable, (4) specifies the date on which the DOCUMENT was prepared or transmitted, or both, (5) specifies, if possible, the date on which the DOCUMENT was lost or destroyed, and (6) if destroyed, the conditions of or reasons for such destruction and the person requesting or performing the destruction. D. Pursuant to Code of Civil Procedure sections 2031.010-2031.510, DOCUMENTS are to be produced either as they are kept in the usual course of business or organized and labeled to correspond with the categories in this demand. E. DOCUMENTS being produced shall be maintained in their original format. Attachments to a document shall not be unfastened. DOCUMENTS shall not be scrambled or otherwise jumbled and shall be produced in a way which preserves their identify. F. Whenever the item being produced is a file, the folder or other container of it shall be produced with it. G. Whenever a DOCUMENT falling within the request is withheld from production, according to a claim of privilege or otherwise, you are requested to provide a listing of such DOCUMENTS containing a description of the DOCUMENTS and a description of the claim of privilege sufficient to enable DEFENDANT to present a motion to the appropriate court to compel production of same. REQUEST FOR DOCUMENTS DEFENDANT hereby requests that PLAINTIFFS produce the following DOCUMENTS to the address of My Address, within 30 days of service of this request: 1. Produce the complete contents of records, paper and/or electronically stored data, RELATED TO the alleged written agreement defined as ACCOUNT number XXXX for the business line of credit with the original creditor, Wells Fargo Bank, from the date of opening to the current date. 2. Produce the complete ACCOUNT Purchase Agreement between Wells Fargo Bank and Persolve, LLC include ANY attachments, exhibits, and/or appendices to same. 3. Produce the complete ACCOUNT Purchase Agreement between Persolve, LLC and Pentech Funding LLC include ANY attachments, exhibits, and/or appendices to same. 4. Produce ANY DOCUMENTS establishing the chain of custody of the alleged debt, starting with the original creditor, each one to show in clear detail the manner in which the debt was allegedly transferred to subsequent assignees. These DOCUMENTS must show the ACCOUNT number and name of the ACCOUNT holder. 5. Produce all contracts, agreements, and/or applications for credit signed by DEFENDANT RELATED TO the alleged ACCOUNT number XXXX, showing the DEFENDANTS actual signature. 6. Produce ANY DOCUMENTS PLAINTIFF intends to introduce at trial which establishes the exact day the subject ACCOUNT went into default. DEFENDANT Dated this 8th day of January, 2014
  11. Hahahahahahaaaahaaaaaaa......... ugh. Great advice. Debtermined