credit_limbo

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Everything posted by credit_limbo

  1. read this thread http://www.creditinfocenter.com/community/topic/320243-going-to-trial-in-california/page-6#entry1245301
  2. that seems odd, are you sure June 18th is your trial date not another Conference like mandatory settlement... plus read your Local court rules when they suppose to serve you with ccp 96 responses. and when exactly you have to file motion in limine with court. Call the court to confirm, the dates.
  3. Here's redacted version of mine; https://www.dropbox.com/s/hoip02p50fivcor/cm110--REDACTED.pdf
  4. Go ahead send out the BOP before you file your answer. You can ask the court to wait, until you win the suit, to pay them the fees, instead right away. Sorry to hear that, i'm in the similar situation as far the court system goes, i just received a traffic ticket couple days ago for reckless driving, a misdemeanor charge (changed lanes without giving proper signals) so i'm waiting on that hearing next month can't afford a private attorney, So I've been doing research to fight that on my own and as well working on this law suit. It hurts to see when you work hard and pay your taxes but cannot use its benefits for yourself rather for those who just wanna smoke and use E.B.T cards at our expense. some people really need hand where others just abuse the system.
  5. Also you sure they've filed the 3rd case with the court? Does this summon has "filed" stamp by the court house? i would wait until they serve you, to send BOP. then it won't hurt, let them Object and make them work. you can send DV letter to the now instead of BOP. I'm surprised that you didn't qualify for fee waiver, you could have appeal hearing to explain the judge why it would be hardship on your family.
  6. you can use these three, easy enough to defend and understand. Failed to state the basis of the lawsuit: They did not cite an actual state law that was violated. Debt is time-barred: The statute of limitations has passed. Plaintiff lacks legal standing: The plaintiff has failed to provide legal evidence that they are legally entitled to collect the debt. (This happens when a debt collector cannot prove they purchased or were assigned the debt) The plaintiff has not proven the debt is valid or the amount of the debt is accurate. The plaintiff must prove that the principal, interest, collection costs, and attorney's fees are all correct, agreed to in your contract, and lawfully charged. Defendant also insists that the plaintiff come up with the contract, account statements and purchase receipts to prove the amount of the debt. (this is where BOP comes handy)
  7. Not really, you just need to have the POS-30 filled and signed by someone else, and tell the clerk that you are going to mail this right after you file the docs with court. also it depends on the court clerk, some wants to see the CMRRR card attached on the envelope. BOP doesn't need to be stamped or filed with the court but i did since i was already there filing my answer.
  8. Ok first thing first, Calm down you are in good hands. you don't have to rush things. Take your time filing your answer and coming up with your defenses, i would recommend you file your answer on Friday 6/6 along with BOP (unless you want to send it before). you don't have to be in hurry, rather use the time to your advantage. This is regarding sending BOP why this is better than starting Discovery http://www.creditinfocenter.com/community/topic/309078-motions-to-compel-bop-vs-written-discovery-in-cal/#entry1115890 Again you shouldn't be eager to get the the trial date set soon and starting discovery. Hammer them with BOP request, then meet and confer and file a motion. After filing your answer and serving them with BOP, you will receive their request for production of documents, Admission and such. It will be easy on you to answer, deny and object those on the grounds that they have failed to respond properly to your BOP request. Less work in my opinion. See page 42 for POS-30 example: http://www.saclaw.org/uploads/files/Step-by-Step/ans-k.pdf make sure someone else (spouse/friend, roommate) address and name is on POS30, unless your spouse/person live with you. make two copies of it, keep original with you, and attach one copy to each copy of your answer (1 for court, other that's going to the attorney's office). Also i would suggest that you don't list your Phone (cell) number unless you want it to be public. you can file answer without having to list your phone #. on my CMRRR (green color) card i usually write this: Attorney name Attorney for [Plaintiff name] their address city, state zip on the back side where i write my name in a corner i write note of the docs i sent like (BOP). this way it's easier to look back through cards n see when you served them and when they received it, for the motion and such. @NeednSomeHelp don't search or read threads on discovery RFPOD, RFA. Right now you just need to focus on your answer and BOP. you'll have plenty of time to do that once you file your answer.
  9. @ismac this (http://www.creditinfocenter.com/community/topic/323302-cach-vs-me-in-indiana/page-4#entry1292723) might help you answering the discovery check the pdf's in the post # 69
  10. @credit2011 @mamabear I don't know if you've stumbled upon this, use Calawayer Advice regarding sending BOP why this is better than starting Discovery http://www.creditinfocenter.com/community/topic/309078-motions-to-compel-bop-vs-written-discovery-in-cal/#entry1115890
  11. yea check again there might be specific counter hours when you should do it. call the clerk and double check.
  12. if there's no POS filed with the court, that just mean they are waiting for you to miss the 30 days deadline, and they can file POS when they ask for default. I believe you have 35 days to respond becuase you were sub-served (summon left with someone who was 18+) most likely you will receive a summon in the mail with POS attacched to it in next few days. I would say file the answer within 30 days. and keep calling the court everyday to see if Plaintiff has filed a POS with the court. and you can send them BOP request with your own POS (if breach of contract is one of the cause in the complaint) before you file your answer with the court, in case you want get a head start and stay step ahead of them. MTQ service just makes them properly serve you again with POS, and will only delay the case for couple months. Judge will be unlikely to dismiss the case.
  13. Defendant objects as the document/request # 24 speaks for itself. Further, after a reasonable inquiry concerning the matter in the particular request has been made, and that the information known or readily obtainable is insufficient to enable the Defendant to admit the matter. Defendant objects as the document speaks for itself. Notwithstanding the foregoing objection, Defendant object to each and every Request for Admission. or Defendant objects as vague as to the term "----"(i.e payment, application, card) as term is not specific enough. Notwithstanding the objection, Defendant denies. Defedant has not yet completed its discovery or trial preparation in this action. RESPONSE TO SPECIAL INTERROGATORY NO. : Defendant incorporates by reference its objections to Special Interrogatory No. . Defendant objects to this interrogatory on the grounds that it is not “separate and complete” and is not “full and complete in and ofitself,” as required by Code of Civil Procedure (i don't know your civil code) and in that it refers to another interrogatory. Defendant also objects to the this request on the grounds that it violates Code of Civil Procedure § (i don't know your civil code), particularly because one or more of the defined terms incorporated in this interrogatory is compound, conjunctive and/or disjunctive. Defendant further objects on the grounds that this interrogatory is overbroad, unduly burdensome and oppressive. In addition, Defendant objects that this interrogatory is duplicative of Request for production No. , which requests that Defendant produce the documents described in response to this Special Interrogatory. Defendant further objects on the grounds that this request is beyond the scope of permissible discovery in that it seeks information which is, at least in part, neither relevant or reasonably calculated to lead to the discovery of admissible evidence. Defendant, therefore, objects on the grounds that this interrogatory is propounded merely to annoy, harass or vex Defendant. Defendant also objects on the grounds that this interrogatory is overbroad and unduly burdensome. Finally, Defendant objects to this interrogatory to the extent that it seeks information protected by the rights of privacy under the Constitutions of the United States or the State of Indiana. or Defedant objects to the interrogatory by use of the word “card” and incorporation of the definition of the form interrogatories of “card” including other occurrence or breach of contract giving rise to this action or proceeding. As such, Defedant objects to this interrogatory as overbroad, burdensome and oppressive, as vague and ambiguous, as compound, as not adequately tailored to the party to whom it is propounded, and as not describing the nature of this dispute, the breadth of which could not possibly be a single “account.” I don't know if you can either define the following under GENERAL OBJECTONS; Defendant also objects generally to the request for production of documents to the extent it seeks information or materials not presently in the possession of Defendant due to the fact that they have not yet completed their own investigation of the facts related to this case, or completed its discovery, or its preparation for trial. Defendant’s investigation, discovery and preparation for trial are continuing and may produce information relevant to these requests. The following responses are given without prejudice to Defendant’s right to produce any evidence subsequently discovered. Defendant objects to each and every request for admission to the extent any or all of the requests are confusing, overboard, unduly burdensome and/or oppressive.or Defendant objects to each and every request for admission and the Request for Production to the extent that any or all of the requests call for information or documents protected from disclosure by rights of privacy under the Constitutions of the United States or the State of Indiana or any other applicable privileges. Defendant objects to each and every request is ambiguous, states fact not in evidence, and seeks an expert opinion on an issue of law and is therefore improper. Defendant is not the percipient witness. OR you can change "each and every" to "this Request" if using the above within in lines. Objections.The Request is ambiguous, states fact not in evidence, and seeks an expert opinion on an issue of law and is therefore improper. Without waiving such objections, deny. Request for Production No. 3:Objection. This demand is oppressive, burdensome and harassing because it calls for information and documents that are equally available to the Plaintiff. any request that asks for production of statement, correspondent or such, i would use the above line. Request for Admission No. 16:Objection. Defendant has denied the alleged account. (Don't (ever) admit anything related to the account, unless you know they can prove, via expert witness or someone with first hand knowledge). word "Objection(s)" looks weird on paper but i would say in legal world it's totally acceptable, and you basically telling them that you are not denying or admitting, simply objecting what they are saying, make them back up what they are saying with an admissible evidence. unless @BV80 thinks differently. instead of saying, "No response is needed." my suggestion would be to incorporate the said Admission #, like this see Response to Interrogatories/Admission Nos. 2, 4 and 3, above. or simple as Not Applicable Less is better, i would say take anything extra you might have typed, like this, "Defendant further states he did not authorize any one to use any card" I hope the above words help and BEST OF LUCK!!
  14. So i have a good news (kind of) regarding my motion to compel BOP, this is copied from court tentative ruling: TENTATIVE RULING : THE MOTION IS GRANTED IN PART AND DENIED IN PART. THE COURT DENIES THE MOTION AS IT RELATES TO THE 2ND CAUSE OF ACTION. THE COURT GRANTS THE MOTION AS IT RELATES TO THE 1ST CAUSE OF ACTION FOR BREACH OF CONTRACT. PLAINTIFF IS ORDERED TO PROVIDE A SUPPLEMENTAL BILL OF PARTICULARS WITHIN TEN DAYS THAT PROVIDES DEFENDANT WITH THE DETAILS OF THE ITEMS CHARGED TO THE SUBJECT ACCOUNT AND ANY CREDITS TO THE ACCOUNT SO THAT DEFENDANT MAY MORE EASILY PREPARE FOR TRIAL.
  15. http://www.creditinfocenter.com/community/topic/323418-happy-day/#entry1290445 This gave me an idea when serving them with RFA
  16. Agreed with @shellieh98 but the card agreement is only one part, there is a bigger hole in their evidence, the bill of sale, and it's terms between OC and the 1st JDB, then different terms between 1st JDB and UNIFUND. How and why would OC give its confidential Business work product to Unifund when they have no interest in your hubby & his $$. Also Unifund needs to pay for every doc they request from OC. As @Anon Amos You might also mention that "discovery is ongoing". I'm glad it took pressure off you, but remember to keep as much pressure on them as possible, those are the cases that are often dismissed. See the page 2 of this doc: http://www.scefiling.org/filingdocs/3501/10727/21192_Resp2PltRFAx1.pdfadd/copy the text from that paragraph like that about discovery is ongoing. Here's a sample docs you can see how to answer on pleading about the Admission geniuness of the docs, http://www.scefiling.org/filingdocs/5065/23828/56084e_ExhibitxC.pdf You can answer to the geniunnes using this line: Defendant cannot admit as they are not my documents and therefore deny on that basis. or the long responseWithout waiving that objection, Defendant has no such statement in his/her records, and has no first-hand knowledge of the accuracy of the records in Exhibit # / line #. Defendant is unable to attest to the validity of the Exhibit # / line #. (remember Unifund needs to bring someone from OC to verify the geniuness, not you, more time and money Unifund needs to spend).another doc. http://www.scefiling.org/filingdocs/11749/61932/151412e_ExhxIxHintonxRFAsxsetxonexandxresponse.pdf that's the one thing i'm fighting them and keeping them busy, by having them produce docs, and making them think i know the CCP rules too and understand CA jury instructions (CACI). eventhough you won't be having a jury trial but this explains what CACI is about http://www.saclaw.org/pages/jury-instructions.aspx sorry for the late reply, didn't have internet access. hopefully these are helpful to you. Best of Luck!!
  17. hey just checking to see how you doing in your case, have you serve them with BOP yet? or need any help. Ask questions! awesome people on this forum can help.
  18. I was talking about the Proof of Service (POS) . Remember, while back when i called the court and was told to file POS even for the discovery, so the court will have it in case file. This week when i went to drop those off along with my CMC statement the court person said i need to keep the discovery POS. She didn't stamp "filed" my POS copies for CMC and i asked about sending one of those copy to the attorney and was told i don't have to. so maybe it's some local rule? It's better to be safe than sorry.
  19. Sorry to hear all this is happening, seems like 2014 has been a bad year for you so far, but don't worry there's always a rainbow after the rain. so hang in there you can beat these scumbags. All it will require commitment and patience. I don't know your personal life situation, i would recommend you schedule at least 30 mins each day for this case and read and understand as much you can. put a "DO NOT DISTURB" SIGN outside your bedroom door if you have to. knowledge is the best sword. Buy a jasmine infused green tea, drink that every night to calm you and will have restful sleep. Here's another nerd tip. if you use android phone and you (should always) ignore any unknown call, and then save the unknown # under a new contact "collection" then choose that contact and on following screen, select menu key, and choose "options" on this screen check box next to "incoming calls, Send calls directly to the voice mail". if it doesn't make sense you can google the last sentence for your specific phone model. This way you will never receive their calls after the first time, so if they use robo-call system and it leaves the message and you have a prove in case you wanna sue them later. @shellieh98 in cali you do need other party permission to record a conversation, but as soon you tell these scums that call is being recorded, they hang up immediately. it's always best to ignore any call that's not in your contact list, if it's important let the person leave a voicemail. while you google that number to see who it was.
  20. Good luck with your fee waiving hearing, you can request to pay the court fee in small payments. if your husband can show and explain the reasons why he can't pay it at all or NOW. and REMEMBER you only have 10 days to, File a new request if the court found that your request was incomplete; OR Ask for a hearing to show the court more information. so keep moving forward. Just out of curiosity, what was the reason court listed on the Form FW-003? I went to the court today to file some papers and ask them his question: " Do I have to send them my proof of service or just file it with the court? I already sent the answer and had the proof of service filed. If I have to send it to the lawyers I want to make sure to do that. They said i don't have to send it to the attorney as long i filed it with the court. and even if it's some discovery request i'm sending to the attorney, still don't need to. But I would have to make sure i keep the original POS handy because would need to file that with a motion if i were filing any as a proof that i did serve. You are welcome as always!!
  21. My suggestion is to make two copies of everything, for your husband, on one copy highlight the important section(s) along with your comments and keep the others for refrence. if you don't have a laser printer printing all these documents will end up costing you alot in terms of inkjet printer ink. So you can choose one of the two options: 1) Use Microsoft Word and copy paste stuff in there and use its highlight and comment function to leave notes for your husband, save that document for him to read. 2) buy a laser printer (off of craigslist) or new one (under $100) which comes with toner and use that for printing. Also if your husband is a fast reader, it shouldn't take him more than few hours to read and understand those books I suggested. you don't need to rush things, The big thing was answering the summons, which you did. I filed mine on the 29th day to disappoint the JDB lawyer, incase they were gonna get default judgment. Understand each and every step you decide to take, you will read and get mixed suggestion on here from each one of us based on own experience(s). In the end it's YOU, have to decide which side you agree with. There's no such thing "one size fit all" model in law. In discovery the quality matters not the quantity. If you can take apart their complaint, will know exactly what to ask for in terms of discovery. Most likely their response to your BOP request will be some statement, inadequate, under the law. but they know you probably get scare after receiving those and think they have proof, which trust me they don't and aren't going to spend $24-$50/statement from the Original creditor unless you own them some thing like $xxx,xxx,xxx.xx. but then those type of accounts get handled by "UNiFUND CCR Partners" these few grands accounts on which they paid less than $100. not worth for them to fight unless they want those purchase record / Bill of sale to be public. They have to provide proof to every claim they've made on original complaint. It's our job to make sure that they can't say, "Your Honor, s/he didn't object, so it is true". Again bookmark Astmedic's thread ()%C2'> it's a good starting point and reference. Look at the positive side of this suit, now you and your hubby have another excuse to spend time together and work as a team, so show your support and cheer one an other. sorry for going off topic. Best of luck and get to work.
  22. Don't know if you still need help, here's some suggestions from Seadragon: http://www.creditinfocenter.com/community/topic/304875-question-regarding-case-management-conference-form-cm-110/#entry1082327 I'm in process of filling this out as well. I will PM you the link once i've complete mine if needed?