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Everything posted by HelpingGreg

  1. This is from a Canadian comedian hobbyist's amateur YouTube series titled, "The Truther Girls". I thought the insert of the prop wig made that clear, but OK. I posted it down here, in off-topic land, plus, closed the title with, "ENJOY!", to indicate is A.) Off-topic / humor / to be enjoyed, and, B.) to provide some humor to enjoy on the PDQ without needing to leave the site to relax a second, or <7min., to be more precise. Back to DVDs and organic vanilla Simple Truth probiotic yogurt blended into blissful perfection with frozen berries-Berries-BERRIES! Enjoy the laughs - make room for them! Embrace the realities - they are neccessary for success in litigation! Ever-better New Year to all, in 2015 and beyond! Warmly,
  2. I'd be asking for two (2) items, 1.) Telephone banking center's confirmation their computer reflects what your in-hand paperwork reads. Calling daily until it is confirmed. 2.) That crucial 1099 form for your upcoming tax payment due on whatever amount was "forgiven" in your short sale. Unless you have more money than the average bear, Boo Boo, to paraphrase good ol' Yogi Bear, that tax bill is going to take quite a bit of socking cash away to cover it by April 2015, 4 "short" months away. I don't know what your tax bracket is, or what your "short sale" has you paying income tax on. But, here is an example, AVERAGE $50K AND UNDER ANNUAL INCOME? 5%, 2012, ca, SEE: http://usatoday30.usatoday.com/money/perfi/taxes/story/2012-01-19/romney-tax-rate/52682372/1?fullsite=true Now, read the following, plugging in your own (personal) numbers along the way, basically your loan total (s), and short sale remainders, then, multiply them by your percentage paid in income taxes. That will be what looms, "short", or, large as we near April 2015. CLICK! http://www.irs.com/articles/how-avoid-federal-taxes-short-sales-and-other-debt-settlements Best holiday purchases this year? Setting that short sale income tax indebtedness away for IRS and entering 2015 without that monkey on your back! Maybe even have some post-holly daze sale money to upgrade linens, an appliance, get a board game, etc guilt- and debt-free! Warmly,
  3. http://www.ftc.gov/enforcement/cases-proceedings/refunds/att-refunds
  4. @DonnaPoo Thanks for generously answering my questions. <8^D It seems like there is a form to submit..... you know what? I think I got off-track on that point, thinking of the paperwork submitted post-judgement... I think it is the prevailing party's obligation to give it to Judge to sign... and, I think that is when costs are squared away, too... So, since this is dismissal without prejudice, in my very best Roseann Roseannadanna voice, "Nevermind". LOL! May there be noneed for a second go round with them, or anyone. But, if so, may that you keep on showing what Victory looks like in a pinstriped skirt suit! HURRAH! Enjoy the bliss!
  5. @DonnaPoo The highest of 5s on your awesome victory! Has it been filed? Do you & they return to court in 6 weeks, or so? What is the statute of limitations; can they re-file before it runs? Can you still turn in the paper asking for "with prejudice"? Please, may we know why you decided to accept without prejudice? Happiest of times to you! Happiness & Satisfaction well-earned! Warmly,
  6. Rooting for you! You are a source of inspirational motivation for many, and an informational thread-read for all! Go forth and conquer! Warmly,
  7. Best of success to you! Afterward, take a moment to thoroughly establish your timeflow calendar according to the proven-winner expertise of @Homelessinca - a member with a thread of pure gold! Warmly,
  8. Experts in these forums recommend you send a reply to their request stating that documents and witness will be used for impeachment. [PERIOD] BEST ADVICE: FOLLOW EXPERTS IN THESE FORUMS' RECOMMENDATIONS & DO NOT USE THIS TIME IN YOUR LIFE TO GET CREATIVE, OR TRY RECREATING THE WHEEL, as it were. OUR COMMON GOAL: THE VERY BEST OUTCOME POSSIBLE IN EACH CASE. ___NOT___ AN AWARD FOR TRYING THE NEW & DIFFERENT. Let's save that for the victory party buffet sampling! Yes? Warmly,
  9. : syntax error, unexpected T_STRING in on line is what I keep getting from link, too.
  10. http://www.fortbendlawyerscare.org/clinics.html Does that get your ball rolling? quote name="juh" post="1311945" timestamp="1418261032"]@Brotherskeeper Link referenced is bad. Can you provide correct link? Thx
  11. I love your zeal! Be my neighbor? For us, this is a rarity in life's vast menu of events. For them, it is but one of very many thousands of cases. For us, this means setting down our widget template, or cobbler's apron, or our lobster pots - whatever we are usually occupying ourselves with in our workaday lives - and, abruptly diving into The Legal Pool. For them, this means sending Cindilou Who, in her size 0 mini dress & shoe size 2, off to the supply closet with a cart of envelopes to stuff until lunch, each getting 1 from each neatly stacked pile on shelf 1, Side Left for the top shelf of her rolling cart of envelopes, and, 1 from each neatly stacked pile on shelf 1, Side Back Wall, for the midde shelf of her rolling cart of envelopes, and so on. After lunch, Cindilou Who teeters off in her shoe size 2 to seal each envelope until 2p.m. 15-minute break time. Then, it is time to process each envelope through the postage meter and see that USPS is in receipt of them, aka go file nails and look pretty at her desk until the mailcarrier arrives for the day's out-going. No surprise at all we get absurd "non-responses", or, "unresponsive replies" to our carefully constructed Demands for BOP, etc When the ante ups, so does their attention. Insulting, if one allows it to be. But, they aren't worth the stress-induced health damage. Why not add it to your Discovery to-do list? Why not add the name to your 20-days-out Supoena list? But with their Standing - or, should I say, lack thereof, will you even get that far? Regardless, pack for bear, even if you only bring back bunnies for the stewpot, right-o? I know the place was doing double- & triple-takes when I walked into our MSH/C with a SEVEN-POUND BLACK D RING BINDER, (some full-term babies don't weigh that much!), full of well-organized sheet protectors, black clippie clips, and the FAMOUS @Homelessinca case calendar! You are already on the pathway toward victory! Stay the course! KNOWLEDGE IS POWER! You are gaining knowledge on this subject matter daily. (For example, now you know why those office gals are so tidy, days spent sending us B.S."non-replies"!) LOL! Daily, you are closer to the glory of victory! Every single day you are actively engaging this matter is one day closer to when it will all begin to become a fading memory! Just be sure YOU check and triple-check YOUR end of this playing field. Accountability is a real thing to respect in all this. Meriting Sanctions... Missing Objections... Overlooking Deadlines... all hurtful and totally avoidable! Go forth & conquer! To heck with their ridiculed & ridiculous responses! What matters more are YOURS! Wishing you the very best of success! Warmly,
  12. @tatia52 While doing the reading you write of, surely you noticed a pattern of each member starting their own thread, for their own case. Each of those threads is opened by the member copying, then pasting, then answering the questionnaire located here, CLICK! http://www.creditinfocenter.com/community/topic/242744-qs-to-answer-when-posting-in-this-forum-please-read/ There is a specific admonishment against copying and pasting boilerplates on-site, such as your most recent post on this thread, also posted elsewhere* on-site, here, CLICK! http://www.creditinfocenter.com/community/topic/249329-posting-101-new-members-please-start-here/ (It is tip item #1) Please, read what is asked of each of us. Here are some starting points, CLICK! http://www.creditinfocenter.com/community/forum/187-please-read-before-posting-board-announcements/ *At,CLICK! http://www.creditinfocenter.com/community/topic/324667-being-sued-by-resurgence-legal-group-in-ca-please-help/?view=findpost&p=1311836 and, above, post # 3 4 once you get your case properly situated onto your very own thread, descriptively titled to include both state & litigants against you, and with your case's questionnaire properly completed, peer-to-peer support should begin to flow your way. Warmly welcoming you & wishing you success!
  13. OK, my chip into this passing hat is that dailie.org from earlier - never seen a richer resource for them than there... Best of success getting boatloads of them here! 8^D
  14. Is this related to your case's 4-paged thread here, http://www.creditinfocenter.com/community/topic/323175-sued-by-unifund-need-input/ If so, why separating it so?
  15. Rule 2.1.9 Case Management Conference The court expects the complaint and any cross-complaints will be served, all answers filed or defaults entered, and any challenges to the pleadings heard by the time of the initial Case Management Conference. A. Scheduling and Notice. At the time a civil complaint (excluding unlawful detainers) is filed, the Clerk of the Court will provide plaintiff with a form “Notice of Case Management Conference” that will specify the date, time, and place of the initial Case Management Conference, which will be approximately one hundred and fifty days after the complaint is filed. At the time of service of the summons on any party, plaintiff must also serve a complete copy of said Notice of Case Management Conference upon that party; and plaintiff must also serve a copy of the Notice on plaintiffs in intervention or plaintiffs in interpleader, within ten (10) days of being served with a complaint in intervention or interpleader. All cross-complainants must serve a copy of the Notice of Case Management Conference upon each cross-defendant at the time the cross-complaint is served. Case Management Conferences will also be set by the court in all cases transferred from another court, reclassified pursuant to the Code of Civil Procedure, or stayed as provided in rule 2.1.13, and in unlawful detainer actions in which the defendant has filed an answer and the court has been notified that possession is no longer in issue. Upon receipt of these cases, a notice of the change in status of the case, and/or, in all cases of a continuance of the Case Management Conference, the Clerk of the Court will, unless otherwise ordered, send plaintiff a form Notice of Case Management Conference and within ten (10) days of being served with the Notice plaintiff must serve all parties in the case with a copy of said Notice. Plaintiff shall be able to demonstrate compliance with this rule at the Case Management Conference. It is the policy of the court to hold the Case Management Conference on the date originally set. Continuances may be requested ex parte with a declaration showing good cause why the conference should be continued. However, if a disposition as to all parties has been filed with the court at least five court days prior to the hearing date, the case will be taken off calendar and no appearances will be required. This rule remains in effect after July 1, 2002, notwithstanding California Rules of Court, rule 3.20, by the authority granted in California Rules of Court, rule 3.722, to the effect that "[t]he court may provide by local rule for the time and manner of giving notice of the parties." B. Preparation for Conference. The primary focus of the initial Case Management Conference will be to determine the status of the case to ensure compliance with the policy as stated in rule 2.1.1 and to determine if alternative dispute resolution would be appropriate. A Management Statement must be completed by each party and timely filed with the court. Parties will not be required to complete a Case Management Statement for subsequent conferences unless ordered to do so by the court. Parties completely familiar with the case and possessing authority to enter into stipulations must be present or appear pursuant to California Rules of Court, rule 3.670, at the Case Management Conference and must be fully prepared to discuss any issues addressed by a Case Management Statement and all other matters specified in the notice of hearing provided by the court. Any attorney making a special appearance for counsel of record must have actual knowledge of the facts and procedural history of the case. If a party is not fully prepared, the court may continue the hearing and impose sanctions against the offending party. If the hearing proceeds as scheduled, the orders made will not be subject to reconsideration due to a party's unfamiliarity with the case at the time of the hearing. (Adopted 1/1/1998; Rev. 1/1/2001; Renum. 7/1/2001; Rev. 7/1/2002; Rev. 1/1/2003; Rev. 1/1/2005; Renum. 1/1/2006; Rev. 1/1/2008; Rev. 1/1/2009; Rev. 1/1/2013) Rule 2.1.10 Reserved for Future Use (Del. 1/1/2012) Rule 2.1.11 Expert Witnesses The court will propose deadlines for the exchange of information concerning expert witnesses and their ... [and it goes on...]
  16. SOURCE: http://www.sdcourt.ca.gov/portal/page?_pageid=55,1525794&_dad=portal&_schema=PORTAL (Adopted 1/1/1998; Rev. 1/1/2000; Renum. 7/1/2001; Rev. 1/1/2005; Renum. 1/1/2006; Rev. 1/1/2012; Rev. 1/1/2013) Rule 2.2.4 Notifications of Settlement or Continuances A. Settlement. In accordance with the California Rules of Court, if a case is settled, the plaintiff must immediately give the court written notice. The plaintiff must also immediately notify the court by phone or in person if a hearing, conference, or trial date is imminent. The only time a hearing set by the court may be taken off calendar is when the plaintiff advises the court that the case has been settled. In that event, a show cause hearing regarding dismissal will be conducted in forty-five days. The show cause hearing will be taken off calendar if a dismissal of all complaints and cross-complaints, or a judgment as to all complaints and cross-complaints, is filed with the court no later than five court days prior to the hearing. If such documentation has not been received by the date set for the show cause hearing, the court will immediately order appropriate sanctions and/or dismiss the entire action. Failure to advise the court at least five court days before the settlement conference that it will not proceed as scheduled, for any reason other than the settlement of the case in its entirety within the five court day period, may be deemed by the court to be a violation of an order of the court, punishable by monetary sanctions payable to the court under Code of Civil Procedure section 177.5, as well as any other sanction provided by law. In addition to monetary sanctions, any party or attorney who fails to attend a settlement conference risks having their complaint dismissed or their answer stricken and default entered. B. Continuances. Any party requesting a continuance must appear ex parte and show good cause why the settlement conference should be continued. At the ex parte hearing, a stipulation may be presented to the court, signed by all parties, accompanied by a declaration showing good cause. (Adopted 1/1/1998; Rev. 1/1/2000; Renum. 7/1/2001; Rev. 1/1/2003; Rev. 1/1/2005; Renum. 1/1/2006; Rev. 1/1/2010; Rev. 1/1/2012)
  17. SOURCE: http://www.sdcourt.ca.gov/portal/page?_pageid=55,1525794&_dad=portal&_schema=PORTAL CHAPTER 2 SETTLEMENT CONFERENCE Rule 2.2.1 Voluntary Settlement Conferences Settlement conferences may be requested if the parties represent that: A. Settlement negotiations between the parties have been pursued, demands and offers have been exchanged, and resolution has failed. B. A judicially supervised settlement conference presents a substantial opportunity for settlement; and C. The case has developed to a point where all parties are legally and factually prepared to present the issues for settlement consideration and further discovery for settlement purposes is not required. If a request for a voluntary settlement conference has been accepted by the court and a settlement conference has been scheduled, all parties must comply with the provisions of rules 2.2.2, 2.2.3, and 2.2.4 unless otherwise ordered. (Adopted 1/1/1998; Rev. 1/1/2000; Renum. 7/1/2001; Renum. 1/1/2006; Rev. 1/1/2012; Rev. 1/1/2013) Rule 2.2.2 Mandatory Appearance A. The provisions of rules 2.2.2, 2.2.3, and 2.2.4 apply to both voluntary and mandatory settlement conferences unless otherwise ordered. B. All parties, attorneys of record, and others whose authority is required to fully settle the case (including but not limited to insurance adjusters and right-of-way agents) must attend the settlement conference in person unless excused or permitted to attend by telephone as provided in section D below. If a party is not a natural person, a representative of that party with authority to resolve the dispute or, in the case of a governmental entity that requires an agreement to be approved by an elected official or a legislative body, a representative with authority to recommend such agreement, must attend the settlement conference in person, unless excused or permitted to attend by telephone as provided below. C. If any party is insured under a policy of insurance that provides or may provide coverage for a claim that is a subject of this action, a representative of the insurer with authority to settle or recommend settlement of the claim must attend the settlement conference in person, unless excused or permitted to attend by telephone as provided in section D below. The party must notify each insurance carrier of the date, time and place of the settlement conference and of the carrier's duty to attend with full settlement authority. D. A party or participant may submit to the court a written request to be excused from personal attendance at a settlement conference provided that the party or participant will be available by telephone for the duration of the settlement conference. Such requests must be served on all parties at least five court days prior to the settlement conference. If the settlement conference is to be heard by a temporary judge, such requests must be submitted to the independent calendar department to which the case is assigned. E. If a party is excused from personal attendance at the settlement conference, counsel appearing on behalf of the party must be completely familiar with the case and must have authority to make an initial demand or counteroffer in a specific amount. F. If a party or participant fails to appear, is not fully prepared, or fails to participate in good faith, the court may continue the hearing and/or impose sanctions against the offending party or counsel. If the settlement conference proceeds as scheduled, the orders made will not be subject to reconsideration due to counsel's unfamiliarity with the case at the time of the hearing. (Adopted 1/1/1998; Rev. 1/1/2000; Renum. 7/1/2001; Rev. 1/1/2005; Renum. 1/1/2006; Rev. 1/1/2013) Rule 2.2.3 Settlement Statements/Briefs Written statements of the position of each party must be lodged with the settlement conference judge and served on other parties five court days prior to the settlement conference, unless otherwise ordered. If service is by mail, all papers must be mailed not less than ten days before the court date. Settlement conference statements do not become a part of the file and will be discarded. If the settlement conference is to be heard by a temporary judge, settlement conference statements must be submitted to the independent calendar department to which the case is assigned. Unless otherwise instructed by the court, settlement conference statements must not exceed five pages and must include the necessary information to concisely support issues of liability and damages; including a settlement demand and offer, as well as an itemization of special and general damages, and the last offer. Page 2 of this portion follows
  18. Just to be clear, did you decide to serve the Demand for BOP, (with 10-day response window), back when you still had 20+ days to walk you response to the Complaint / Summons, or, ??? Try as I have to get up to speed with you, I am not finding anything on your CACH front since that post when you were mulling options. Warmly, P.S., What is the student loan account's update? When you can, please post something covering events since October over there, please.
  19. http://www.leginfo.ca.gov/cgi-bin/displaycode?section=ccp&group=00001-01000&file=664-674 Does any of that seem to fit your case? @calawyer @Anon Amos @Seadragon @Homelessinca and others may be available to help you decipher your paperwork. My best advice, never allow anything to deter you from earning your education. Problems, like money, come & go, but once earned, that education is going to better you all the days of your life. Best wishes for success to you! Warmly,
  20. After re-reading your initial thread at, http://www.creditinfocenter.com/community/topic/325111-improper-service-and-lack-of-personal-jurisdication-defenses-in-ca/ and, reading today's news that you and your husband are back in communication and up to speed on this, effective this morning, and, noticing you wrote you just lost your job last week and say now your finances do not reach to cover an attorney, my very best advice, if your husband is literate in English and able to logon, is to just hand the matter over to him, and let him hire the attorney, or, self-defend as he sees fit. Then, square away withdrawing the money from the accounts, paying with money orders, or, in-person, (like at the Target, Best Buy, etc Customer Service counters), in cash. Even future payroll checks can be cashed, e.g., Chase will cash a non-account holder's presented Chase check of $400.00 for $6.00, and your unemployment checks, (in California, again, where I am), can be tied to a savings account & ATM card at BofA... That part someone mentioned earlier about them going back in time over the finances is something I wanted to mention, too. Please, excuse me for not making time to mention it straight away. You don't want to be a part of all that mess. According to what you have published, you have made your way in the world for many months now. You have proven to yourself that you are capable and competent. You are empowered. Best of success to you in your endeavors, and, best of success to your newly re encountered husband in handling his legal and personal affairs like any responsible adult. When the best is done, the best is felt, and, the best is deserved. Warmly,
  21. @TomnTex @texasrocker @Linda7 @juh @BV80 Have you followed this advice, yet? Best wishes for success in Texas! Warmly, from California quote name="juh" post="1311773" timestamp="1418155958"]@HelpingGreg Ok I've read a lot. Midland Funding through discovery produced "A Bill of Sale" signed by Erika Long, a Chase Team Leader and an "Affidavit of Sale of Account by Original Creditor" sworn by Martin Lavergne. Also through discovery I asked who and any witnesses would be present. Midland answered "none". I read the following: You can ask for a witness list from the JDB (assuming you have been sued). That witness list better included witnesses that can authenticate evidence and the JDB standing. Pay careful attention to so called witnesses that will authenticate the evidence. A ton of the time they will just be a witness from the JDB. That JDB witness will simply state the JDB records say you owe them money and they own the debt. Am I suppose to file a Motion challenging their Affidavit and Bill of Sale? See below. A consumer needs to always (in my opinion) dispute anything that even remotely has to do with standing. If the JDB provides a bill of sale, you challenge that bill of sale. If they send an affidavit, you challenge and submit your own affidavit disputing the alleged facts in the JDB affidavit.
  22. @TomnTex @texasrocker @Linda7 @juh @BV80 Have you followed this advice, yet? Best wishes for success in Texas! Warmly, from California
  23. te name="juh" post="1311766" timestamp="1418153282"]@HelpingGreg Looks like Texas is in favor of debt buyers. How can I show lack of standing If: If you have already been sued and post charge-off interest is part of the claim, the stakes are higher. Many lawsuits are high-volume, low-documentation claims that do not hold up when challenged. However, some debt buyers can obtain account documents to support their claims, while some courts, as in Texas, will accept sworn statements in lieu of original documents.
  24. @BV80 @juh 2 things stick out to me, 1.) Those credit card agreements are revised with frequency, which revision are you looking at? 1a.) I recently read cardholders accept each revision by using the card, (you know, that blurb on the back of the card, and at checkout stands.) 2.) Statute of Limitations, (SOL), is never first on the list of approaches for credit card suits. 2a.) First, exhaust every approach toward attacking your plaintiff's Lack of Standing, (LOS). 2c.) Please, read all 120+ posts in the 7+ pages of this PINNED FORUM AREA, CLICK! http://www.creditinfocenter.com/community/topic/312714-standing-when-dealing-with-jdb/ You truly must READ and follow the PROVEN STEPS to gaining self-help success with free online peer-to-peer support. Let me put it this way, because I - and all of us here - really-Really-REALLY want to see you win, maybe it will resonate with you and "click!" into place, This forum on this site is not at all to be confused with a cafeteria style approach, with everyone from everywhere just picking & choosing willy nilly; this is a recipe for success, and each step is made abundantly clear with proven examples, templates, and much discussion among professional experts and experienced peers, as well as others in various stages of the process. Step One: Service STATUS: Completed Date: See Questionnaire Step Two: Response/Answer STATUS: Researching Options Deadline: __ __/__ __/201__ First Option: Demurrer by deadline Decision: Second Option: General Denial by deadline Decision: Third Option: General Denial with Affirmative Defenses* by deadline *The first of these would be the Lack of Standing, then, the Statute of Limitations Decision: And it goes on from there, step-by-step, methodically. This is not-at-all a time to get all Thomas Edison-y and try inventing anything new; it is time to do what it has proven to take to win. Doing anything else, honest to goodness, is like watching some first-time cook cream the sweet butter & sugar until white and fluffy, add an egg and incorporate well, then 1-by-1 the other eggs, and the vanilla..... sooooo yummy so far, right? Then, instead of adding the flour, "Everybody likes my ribs! I think I'll add a bucket of ribs instead of a cup of flour!" What happens? No matter how yummy things were coming along, the buzzer goes off, the audience lets out a collective groan, and it is suddenly wah-Wah-WAH time, not winner time at all, right? So, lets make sure you end this in the winner round, at least with the highest probabilities, (since NOBODY can promise a court win), OK? Start by reading the link on Standing, please? I will see if I can wrangle some Texas peers & pros for your thread here. This is my best peer-to-peer response for the moment. Warmly,
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