desertdweller

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About desertdweller

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  1. Hi everyone, I have been here almost daily since receiving a summons from mandarich law group late last year. I filed my answer, sent a request for BOP (and 2nd and 3rd requests), sent discovery, answered discovery, answered ccp 98, and sent ccp 96. I read many, many posts here, and used templates from here, changing them to fit my situation. Thanks to all the brilliant, giving people here, every time I sent them something, they answered exactly as I thought they would, and I knew exactly what to do next. So now, my trial date is less than 3 weeks away, and I am lost and find myself thinking why bother? My only income is a military pension, and I don't own anything, I'm essentially judgement-proof. I am usually a very happy, optimistic person, but this last month has been horrible. My beloved dog was killed, and I am heartbroken. I know I have time limits to get ready for trial, so I'm hoping that you guys will help me by reminding me of anything I may have forgotten to do, and not letting me give up and let the bad guys win. So, the basics: 1. Who is the named plaintiff in the suit? Cach 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Mandarich law group 3. How much are you being sued for? 1500 4. Who is the original creditor? (if not the Plaintiff) Wells Fargo 5. How do you know you are being sued? (You were served, right?) Yes 6. How were you served? (Mail, In person, Notice on door) In person 7. Was the service legal as required by your state? Yes Process Service Requirements by State - Summons Complaint 8. What was your correspondence (if any) with the people suing you before you think you were being sued? None 9. What state and county do you live in? California, San Bernardino 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) I think it was October, 2010, they say October, 2011. (I haven't been able to get my bank records from 2011.) 11. What is the SOL on the debt? To find out: Statute of Limitations on Debts 4 years 12. What is the status of your case? Suit served? Motions filed? You can find this by a) calling the court or looking it up online (many states have this information posted - when you find the online court site, search by case number or your name). Trial in mid august. Answer filed, discovery done, requested BOP, they refused, and l just received their Plaintiff's CCP 96 Response. 13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) No 14. Did you request debt validation before the suit was filed? Note: if you haven't sent a debt validation request, don't bother doing this now - it's too late. No 15. How long do you have to respond to the suit? (This should be in your paperwork). If you don't respond to the lawsuit notice you will lose automatically. In 99% of the cases, they will require you to answer the summons, and each point they are claiming. We need to know what the "charges" are. Please post what they are claiming. Did you receive an interrogatory (questionnaire) regarding the lawsuit? Already responded with a general denial. The complaint is for 1. BREACH OF CONTRACT 2. COMMON COUNTS Here is an example of what the summons/complaint may look like: Sued by a Debt Collector - Learn How to Fight Debt Lawsuits 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. None with the summons, they cited Distifano and Hall in response to my BOP request, claimed "Trade Secrets" in response to my discovery, and sent copies of a statement dated "10/25/2011 to 11/23/2011" with a past due balance, and another statement dated "11/24/2011 to 11/30/2011 with a balance of 0.00, addressed to a house I owned at the time but did not live at. In response to my CCP 96 they sent copies of the same two statements, and a short form purchase agreement between Wells Fargo and Cach. For witnesses, they say they plan to use a declaration pursuant to CCP 98. They list eight names that they say are custodians of records that they may call. they say they can't know the identity of the individual who will be available to testify until approx. 10 days before trial. They gave a contact address for the lawyers office. They also plan to call Defendant. For evidence, they listed the CCP 96, the billing statements, and the Wells Fargo Bill of Sale and accompanying redacted Loan Schedule (I see no loan schedule attached.) So, what is my next step? I know I'm supposed to send a subpoena, but aren't the witnesses supposed to be available for personal service 20 days before trial? Are they allowed to just cut that time in half? Or have they already given me a reason to exclude the CCP 96 Declaration in Lieu? For the subpoena, can I have someone I know attempt to serve it? Also, they had already sent me a Declaration Pursuant to CCP 98 in Lieu of direct testimony, which I received on the same day I mailed my request for it. That one is dated June 16, 2014, and signed by one of the people listed to testify. So doesn't that person have to be their witness? Is that who I subpoena? And when? 20 days out, or 10 days out? Thank you in advance for answering my questions, and thank you for giving your time and knowledge to people like me. By the way, the lawyers referred to the list of people who might show up in court as "traveling witnesses" whose schedules are made weekly, not as the custodians of records. they say they will testify about the plaintiff's business records, and how they aquired the account. Are they not missing the main part of their lawsuit? How can they skip over the whole "contract" part of a Breach of Contract case?
  2. How do I find out who the judge is? The trial date is about 6 weeks away. I just received a Notice to Attend Trial, a CCP 96 request for witnesses and documents, and a CCP 98 Declaration In Lieu of Direct Testimony. Attached to that are two statements, both from November 2011; one shows a balance of $0.00, a short form purchase agreement between, OC and Cach, and a proof of service with the date covered in white-out. My husband's military record shows he was at sea or out of the country during much of the time they claim this account was open. If we had received the BOP, He may have been able to prove he could not possibly have used the card on certain days. Should I include his military record, or at least his dates of deployments, in my answer to the CCP 96?
  3. My husband has a court date against CACh/MandaRich in August. Thanks to all the wonderful people here, we have responded to the lawsuit, answered discovery, sent a request for a Bill Of Particulars, and sent them request for admissions, request for documents, and interrogatories. The BOP went along exactly like I expected, after reading many threads here. They refused, citing Distenfano. I sent a follow-up, They refused again, but asked that we call or email them about a settlement. In the discovery packet they sent, they refused to produce documents claiming "trade secrets". I'm not sure what my next step should be. Should I file a motion to compel? Any advice would be appreciated.