HumgBird

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HumgBird last won the day on January 24 2015

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About HumgBird

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  1. Just got the typical debt collection call from Mandarich. Already? I guess they haven't passed it on to another scum bag firm at least. I didn't answer and never will.
  2. Congrats...Love to hear about more CACH butt kicked and if it was Mandarich...even sweeter!!!
  3. They sent you a CCP 96 request, is that what you are saying? If so you only really need to respond with this simple statement (on pleading paper) : "All witnesses and evidence will be used for impeachment purposes only" Hopefully you sent your CCP 96 request to them with proof of service and either overnight mail or certified return receipt mail. I beat them a couple of months ago because they (Mandarich) were sloppy in their deadlines and communication, so best to beat them at their own game by being diligent with deadlines and proof of service, etc. They also tend to delay their responses to try to gain advantage, but will pre-meter their envelopes so it takes about 5-6 days for you to receive it after they supposedly "mail" it. I did not get a CCP 98 from them.
  4. This is great news...so happy for you and big score on the "with" prejudice dismissal. Now you don't have to worry about them coming back again!
  5. Oh and be sure you get a copy of the judgement or minute order from your cases register of actions for your records. All courts have different processes. Mine was posted up the same day my case was dismissed. It all depends on how busy the court clerk is.
  6. Congrats! Had same result from CACH last month. Great feeling! Unfortunately there is always a risk they can come back and try again or even sell the debt to another JDB until SOL runs out (fingers crossed for both of us!).
  7. Got a check from CACH today reimbursing me for my filing fees!! Such a good feeling.
  8. I think if I had just labeled them "Objections" and dropped them in my departments "drop box" it probably would have been OK. I didn't know I could do this--nor that they even had a drop box. I pretty much had to learn the "rules" every time I went to the court office. Because I didn't know, I was afraid they would consider it a "motion" and charge me $60 each and require me to schedule a date in advance --which is exactly what the clerk wanted to do until I pointed out it was a MIL. So that is another question you can ask the clerk when you call her back...if you should just put your "objections" in their drop box.
  9. Was the notice of hearing you received from the JDB? That is standard procedure. I think by law they need to do that and I received mine a few days before I got my CCP 96 response too. I would definitely ask the court clerk when you call her back about the Trial Readiness Conference and whether you will or should have one. Mine was scheduled during the Case Management Conference at the same time the trial date was scheduled. And it was not 2 weeks before trial...it was 2 days. Conference was Friday and trial the following Monday. Each department may have different rules and can be different than the county rules. I filed my MIL's exactly 5 days prior to trial - then sent them to JDB attorneys same day. The less time you give them to respond the better IMO, and they do need to be filed and send to them 5 days prior.
  10. Exactly and if you sent with return receipt or signature required it's not difficult to have receipts to prove the costs either. Oh well....
  11. I had originally left "Motion in Limine" off of my Motions (I did three of them) based on Calawyer's advice about calling them an objection, but upon reading up on the rules before I went to file them, I added it back in and specifically called them Motions in Limine for the reason below: This is because the court rules say that to file any type of "Motion" you need to have a date scheduled -- except for Motions in Limine. Also there is a pretty hefty filing fee for a Motion of $60 each. No fee for Motions in Limine. It was interesting that the court clerk was not aware of any of this. First she didn't want to accept them because there was no date filed, then she wanted to charge me. She had to call and ask someone. No charge and I was instructed to put them in my courts drop box. I was a bit confused as to how to file an "Objection" and didn't have time to do anything different. Maybe all I needed to do was call it an objection and drop it in my department's drop box, not sure. Maybe someone can help explain the difference? However in hindsight I do think filing the MIL's and serving them to the Plaintiff just a few days before trail helped with their dismissal. Shows I meant business
  12. Not sure what county you are in but first off go to your county court's website, find the department your case is assigned to and check their page to see if they have any specific rules. For your question #1 If you are filing the MIL's you are not the opposition, so you would need to file yours 5 days prior and if the Plaintiff decides to oppose they have to do it 2 days prior. For your question #2 - unless you are filing MIL's on any of those items listed, you are OK. Normally you would not be (that had me confused at first as well) It wouldn't hurt to call the court clerk to find out what they want to do with regard to trial briefs. My case was originally assigned to a particular judge/department and during our Case Management Conference they gave me a nice 2 page document that listed his specific deadlines. Then when my case was transferred to a different department/judge I was a bit confused. This new judge's rules followed the local rules of the court which were similar to what you posted above. I was not 100% sure so I called his court clerk. She wasn't much help actually but did tell me I could file my Trial brief during the trial readiness conference and could probably bring my MIL's to the conference as well. I chose to go with filing my MIL's with the local court rules of 5 days (with any objections 2 days) prior to trial. I felt this would give me a leg up for a couple reasons...hopefully my judge would read them prior to the trial (therefore helping to cover if I flubbed up what I was trying to say while objecting if my case when to trial LOL) and also for a written record in case things went very wrong at trial and I had to appeal. So be sure to check your case on the court website daily. It will list your judge/department and should also include any upcoming dates. It will be very important that you do not miss your Trial Readiness Conference if one is scheduled.
  13. Good to hear. Too bad they don't reimburse postage costs...that was my 2nd biggest expense aside from the fee to file my answer.