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 can
  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
  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 starti
  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 compla
  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.
  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
  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 a
  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 cour
  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 u
  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?