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John4600 last won the day on October 31 2015

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  1. @CCRP626 I like the look of this. Ok I got the same letters mentioned on page 15 #59. Thanks, there's a lot of good info in here.
  2. Hey I just read through your thread real quick, I'm currently facing off with H&H/PRA for the second time. Both cases I got the fee waiver. The first time I just stated that my bills were higher than my income and it went to a hearing. At the hearing the judge asked why my bills were high and I said I was helping my parents as they were selling their house. The second time I had a medi-cal card so that automatically qualified me. I'm not sure if you went to a hearing or not but you should've been able to explain your situation to a judge. I don't know if it's too late or if your court even allows a fee waiver hearing, however hope this info can help. Also, maybe I missed it while reading over, but why was the BOP response incomplete? From what I've read on here and in my experience the BOP doesn't yield much. It's stressful when you have to deal with the uncertainty of this situation and the constant intake of new info with a busy life, but I'm 100% sure that those helping you on this thread will guide you well. You're in good hands. H&H are unlikely to dismiss until the week of trial when you're unable to serve their fake and unqualified witness. Hang in there, it may be awhile. Best of luck!
  3. Update on this case: Plaintiff sent me a demand for production of documents, and interrogatories, this is a bit earlier than I expected. Of course they are almost exactly the same as in my previous case. The plan is too just fill in the current info from my last responses. In addition to responding to these I will send H&H a bill of particulars and a request for production of documents as well. I'm still unaware if this case is passed SOL, and to clarify that is the date of the last payment when that begins correct? Is there a special way I can gather this information from them? I was thinking of asking them to "provide the date of the last payment made on alleged account." Any input is appreciated. On another subject, getting threats for other accounts that are definitely passed SOL, should I send a letter back saying that "all alleged accounts are passed SOL" and to cease and desist communication? Thanks everyone.
  4. @skippy1960 You're back! I couldn't have forced that dismissal without you. I picked up the summons. I guess it was substitute service this time. The process server asked my father if he was Mr. (my last name) and of course he said yes. Server just walked off when he said "this isn't my first name." I looked up on the court website and it just says pending. I've been using my parents address for this because it is quite far from H&H, out in the middle of nowhere, so is the courthouse. There's actually only 2 cases in the county with PRA, I'm not sure if that's good or bad. The address will change again soon however I will submit the correct forms timely. My folks are moving again. The summons contains the front page, a PLD-C-001 marked with common counts as the cause of action. Open book, account stated, and no signature by H&H or PRA anywhere on any of the forms. There is no proof of service, no account information, etc. The summons is only 10 pages long and half is for ADR. I feel like this is a new employee who doesn't know what she is doing. The last summons on the previous case was massive. The amount they are suing for this time is about $3k. I am 100% certain that SOL is up after June. It may even be already. I won't know until they provide the account statements. I'm not sure what MSJ would entail. You're saying they would create a situation where I would have to prove this account didn't exist. Basically a guilty until proven innocent situation? @WhoCares1000 I don't plan to not answer, I'd rather not go that route. If there is someway to prove I wasn't properly served then that would be nice, since SOL is very soon. Seems like a last ditch effort by them.
  5. I recently got word that I was sewer served again by H&H. I haven't seen the summons yet however I'm anticipating that it will be exactly the same as the previous case. This one was about a month away from SOL. I'll keep this updated so others can learn the process. I don't expect to to have any questions this time around. For anyone who would like to see how confused I was by all this the first time, and a detailed account of how we got them to dismiss the case, here is the link to my other topic: John
  6. @xavi72 which law firm was this? I wouldn't consider getting any attorney for these type of cases. Unless it was Calawyer. They can respond to your letters all they want but they still need to provide a witness from the original creditor at trial.
  7. This week Portfolio filed a dismissal with the court here in CA. I sent them a letter saying I will object, and in the meantime had a process server attempting service. I guess that scared them off. Thanks to all of those who contributed on my thread!! http://www.creditinfocenter.com/community/topic/323901-hunt-henriques-are-after-me-too/
  8. The dismissal is filed with the court and listed on the website. I guess that's it, I'll just go to court for a quick victory dance and maybe submit the MC-010. Thank you all for getting me through this. Now where's that winners page you all are talking about?
  9. At this point I'm just going to trial with the brief, objection, declaration in support of objection, and dismissal letter. I'm not mailing them or filing them. I had a fee waiver so there really isn't any costs involved with this, the only cost was my time, and mental health. Thanks for all of your help.
  10. Thank you, this would be impossible without the help of everyone here on this forum. So at this point all I have to do is show up at trial with the request. No need for the objections, or trial brief?
  11. So the document titled as "Defendant's objection to declaration of Maria Marin and attached exhibits" should be changed to "motion in limine ccp402/written objections to evidence," and what about the Declaration in support? Also, I should request a statement of decision at the beginning of trial?? Thank you Seadragon.
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