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Everything posted by HelpingGreg

  1. There are excellent examples for responding to be found among the posts in the threads of the victorious members on-site. For example, you will be well-suited with a perusal of the threads started for the cases of HomelessInCa, ASTMedic, Cerulean, and several others. KNOW THIS: It is their job to supply this case with proofs; it is never upon you to make the rope for your own noose, and, only a fool would voluntarily do so knowing it to not be compulsory. So, become as vapid, limp-wristed and blank as their failure to supply proofs demands of you. This NOT AT ALL the time to go for that Henry Helpful merit badge you always wanted to earn! Instead, when they want to know your Driver's License Number, for example, the best advice I can give you is, reply, "Denied", and paste the response most to your liking. Repeat until all are "answered", or should I better say, "responded to". As you will see when studying the 23 pages of HomelessInCa's thread on-site, for example, the seemingly unhelpful / unresponsive / counterintuitive answers for each question in discovery have repeatedly proven to lead to victory. That said, it has been shown that identical cases in every regard may culminate in opposite outcomes, court findings not being absolutes. In other words, hope for the best, prepare to your very best, but be ready for any outcome - thus, appellate courts! "-)
  2. @Anon Amos Thanks for easing my mind! This time, next week, we'll all be waking up to our personal versions of T. Day 2014 and, the Mandatory Settlement Hearing will be behind me! Woot-Woot!
  3. Thank you for replying to my query. You know, I am very perplexed by the photocopies of alleged credit card bank statements showing payments far after I remember paying. For example, I distinctly remember going from work to the bank to make my customary $200.00 monthly credit card payment and being turned away at the counter as not being a customer, (though I still have savings & checking to this day there), and I know with certainty that the workplace I went from that day ended several years prior to the date the photocopied statements allege I was still paying. What do you make of the statements showing payments long after I stopped paying?
  4. Good golly! Took me _forever_ because it was in the last place I looked! LOL! Unedited and courtesy of a private paste to me, earlier, from the VICTORIOUS helpme I now paste to you! [bEGIN PASTE OF PM COPY FROM helpme HERE] I would also suggest looking for the 2013 California Jury Instructions online (google it) and lookup the causes of action that are files against you and see what the Plaintiff has to prove not WHAT YOU HAVE TO PROVE. For #3 lookup the member's thread: 1111girl is her name as well as momof3 or momof5. Here's some info for #2: "On ____, Defendant served its request for a Bill of Particulars on Plaintiff. Pursuant to CCP section 454, Plaintiff has ten days to respond or it will "be precluded from giving evidence thereof." As described below, plaintiffs’ response is entirely deficient. As a preliminary matter, plaintiff’s objection to Defendant’s Bill of Particulars is not well taken. Plaintiff has alleged a cause of action for Open Book Account. A Bill of Particulars is appropriate under this legal theory as plaintiff concedes in ultimately responding. The response served, however is not sufficient. Plaintiff has not provided an itemization of the account showing all charges and credits thereto. It has not provided the underlying contract referred to in the complaint. Nor has it provided any contract of assignment of the claim at issue in this litigation. Such basic information is required to prove plaintiff’s claim. Plaintiff should have such information readily at hand. If not, it is difficult to understand how plaintiff acquired a good faith basis to file the lawsuit. Indeed, the only account statements plaintiff has provided demonstrate full payment of the amounts requested. Please serve a full response on or before [insert date 10 days from date of letter]. If Plaintiff fails to do so, Defendant will move the Court for an order requiring a further response or, in the alternative, an order precluding Plaintiff from offering any such evidence at trial. " Personally, I wouldn't deny an extension altogether. Judges hate that. But here, the statute says that plaintiff must respond in 10 days and provides serious penalties if plaintiff does not do so. It is arrogant for the plaintiff to tell you it "typically takes 45 days." You might say something like : In your letter, you state that you do not possess responsive documents and it generally takes 45 days to obtain them. In defendant's view, plaintiff should have had the documents in hand at the time it filed the complaint. Moreover, the Code provides serious consequences if the documents are not provided in 10 days and, as of the date of this letter, plaintiff has already had ____ days to respond. Nonetheless, in the spirit of cooperation, defendant will not seek relief from the Court provided that a response is received on or before ____. Hope this helps for now. Good golly! Took me _forever_ because it was in the last place I looked! LOL! Unedited and courtesy of a private paste to me, earlier, from the VICTORIOUS helpme I now paste to you,
  5. No tricks involved. It is all a very delineated process. Just like a very stunning ballroom dance is broken down to a series of steps easily plotted out on the floor, your consumer law case can be broken down in a binder, with what to write & mail & file, as well as what case law applies, and what objections apply, all nice, neat and tidy, and, ready-to-roll under every contingency! I asked on your thread, "What date were you served in-person?" I will look for your answer there, and make further comment, too, e.g., never first class; always Certified Return Receipt Requested, or, USPS Priority Mail, which includes Tracking and envelope with mailing label for only $5.90, in my case. Point being: NEVER just slap a stamp and mail ANYTHING case-related off; use the green card for return receipt requested on certified mail, if you want to go that route, or, Priority Mail, like me, among HomelessInCa and others... ALSO: Resist any temptation (s) to stuff more than (1) action per mailing & POS, the better to lessen opposition's ability to claim receipt of "only ... <whatever 1 out of however many other items mailed togather>... Just mail each item with its own POS and know that added cost bought you peace of mind. Worth it? Yes!
  6. First, have you filed your answer with Clerk of the Court, yet? What precise date were you served? The 30-day clock starts ticking upon service in-person, as you indicate, above.
  7. Right you are! The same can be said for most all Defendants' responses received from the BOPs sent to Plaintiffs serving Junk Debt Buyers, (JDB). I, too, recently received a laughable packet of over 100 unresponsive pages as Plaintiff's "response" to my attentively crafted BOP. 98% of those pages were photocopies of 2- to 5-paged old alleged credit card statements, and 1 page of most was a generic informational insert, and another full page of most was a blank pagemwith a quarter-inch square black "dot" upon it, and that was all uponmeach of those many pages! Amazing waste of resources! Pathetic sideways glimpse into just how unfounded their allegations truly are! Anyway! My Best Peer-to-Peer Advice is, Legend has it, Judge values Defendant sending out a letter extending a second opportunity for Plaintiff to respond to Defendant's BOP before Defendant brings Motion to Compel before Judge. What the heck? Play nice. Send the 2nd opportunity letter. Thete is a glorious one I just read a moment ago. Let me go get it for you. No sense reinventing the wheel, as it were! Be Right Back! (BRB) Warmly,
  8. First things first, please, move your case from this person's thread by pasting your initial questionnaire onto your very own thread, (titled, by you, with something descriptive). This thread is for this person's case, as your thread will be for your case "-) Life is chaotic enough without jumbled case details, right? See you in your newly created thread on the PDQ! Warmly, @vondutch0481
  9. Update, please? Your series of events is _such_ an inspiration, and your online / on-site explanations move the daunting to the doable in such an easy-to-understand and able-to-emulate manner! Boundless gratitude to you for your generosity & patience! Warmly, @HomelessInCalifornia
  10. @Anon Amos Please, elaborate in exquisite detail about Standing. It is also on my Affirmative Defense. Warmly, @Anon Amos
  11. Awesome! Since I am outlaying an average of $240.00 in fuel + $120.00 in rental vehicle, per month, to have my paperwork and filings and consults face-to-face with local attorneys taken care of by my interpreter and emotional support, (I failed first grade six times and have this typing and all else done by proxy for me), do you suppose I will get those expenses reimbursed, too, or, just the $181.00 initial filing fee, plus, USPS postage receipts at $5.90 each? @shellieh98
  12. In response to the BOP you just mailed out this week, you may, like me, receive few answers, but a boatload of old statements from the alleged account. So, my best advice is not to worry about needing copies of alleged account statements. Instead, I would be stockpiling case law, objections, and Meet and Confer letter templates to use as-is, or do as you feel is best. Besides, it is the plaintiff who bears the burden of proving their allegations against you in the summons / complaint. Just keep your relentless push-Push-PUSH against them, demanding substantiation of their allegations. That seems to be the simple, and proven, method to attain victory in these cases. All the other convoluted & complicated maneuverings may entertain on TV, but I would beware of them as it is all too easy to get caught up and entangled in a snare of one's own making. For sure, I would leave the high jinxing to the expert attorneys of consumer law, if need-be. Just my peer-to-peer commentary. I hope it helps. Warmly,
  13. Here is the link to the page with the questions you are best advised to answer in order to receive intelligent responses to your request, above, CLICK! http://www.creditinfocenter.com/community/topic/242744-qs-to-answer-when-posting-in-this-forum-please-read/ Warmly,
  14. For several days now, going into weeks, everytime I click the link for the first of three for discovery in this thread's first post, only a portion displays, then, at the bottom of the screen, this displays, "Whoops! There was a problem loading more pages. Retrying..." I leave for court settlement hearing up north in a couple of days and was told I would receive my answers "nice & neat", but now messages to that person have the pink popup with red text, "[member name] account no longer accepting messages", or somesuch. Just kill me now! I have nobody to blame but myself - I know all about the don't-put-your-eggs-in-one-basket rule, and still I did it. Now, I am scrambling at the 11th hour and, as shown in the above copy & paste, the recommended examples are NOT displaying..... HELP! Please. HELP!
  15. As peer-to-peer support for right after the BOP is sent, my mind says (2) concurrent tasks are at-hand. 1.) Awaiting (2) pieces of mail from Plaintiff, both (a.) the green post card from when you sent them the BOP, and, (b.) a series of (3) packets containing questions for you to answer within a set number of days, i.e., 20, or, 30, collectively referred to as, "discovery". It is my understanding that there is a limit to the number, the type, and the composition, e.g.,compound questions, I believe, are not allowed. 2.) Researching and compiling the questions you will best benefit from using your allocation of questions to ask Plaintiff as Defendant's discovery. ALSO, if you have not already done so, before the events and dates become unwieldy, I very most highly suggest setting up both a binder of each item in chronological order, with dividers so, for example, objections & case law you may need can be stored toward the rear, for ready reference. ADDITIONALLY, A calendar dedicated to the case, with flow arrows showing start & stop dates for EVERYTHING is crucial. It should, minimally, be checked each morning, for the to-do list of the day, and, nightly, to log the day's incoming mail / start the clock ticking for when to file/mail answers, etc. FINALLY, this may be an excellent time to ask NACA for a referral, or to reachout to attorneys in your service organizations, etc. The first consultation is usually free, and full of valuable insights from those experienced in this segment of legal practice. Above all else, do not panic. Keep your wits about you, and keep every piece of paper in order, in your case file/folder/D-ring binder, (my personal preference, in conjuction with 5-tab indices and heavy duty page protectors). Instead of your usual, I suggest investing time in reading-Reading-READING. There is so much to be grasped and understood and collated into proper position within the prescribed process of The Case! Sure, watching a movie, enjoying the company of others, quiet time with favorite prose, whatever unwinds you: it's all good, in moderation. But, the focus must turn toward working the case, in my opinion. One thing is for certain, in my opinion, you will get out of this, like anything else in life, commensurate with what level of investment you dedicate. I have seen some folk asking to have their work done for them at the 11th hour. To me, that is not-at-all the pathway to success in any case. Best results, to me, seem to come from most attentive preparations. That is why, while reading up & waiting for the BOP green postcard, I suggest you also work on researching & compiling Defendant's discovery. NOTE: You may also want to get a Meet and Confer letter drawn up & ready, in the very likely event their response (s) to your BOP are unsatisfying. There are examples of those on-site. Warmly,
  16. Welcome. Please complete this questionnaire, posted on this forum's list of pinned items, perhaps overlooked when you arrived here, CLICK! http://www.creditinfocenter.com/community/topic/242744-qs-to-answer-when-posting-in-this-forum-please-read/ Warmly,
  17. Can you see your case number on the notice? Can you access your courthouse online, enter the case number, and see what's what there? Have you reached out to NACA for a referral to a local consumer law attorney? Do you have an appointment scheduled for a FREE initial consultation with an expert consumer law attorney? I am in California, but I believe Shellie is the name of the Colorado-listed messages I've studied here. Maybe go to the directory of members and scroll to find her, then, send a message her way? Like everyone else here, I know that stunned feeling. But, like everyone else here, I also know the warm, welcoming, experienced, proven-winners caliber of support & technical guidance afforded, for free, to each of us putting in the work to get our case (s) to victory, too! Soon enough, you, too, will feel confident that your case _can_ be won, and that you _are_ capable of taking the steps through the process, with-or-without an attorney. For now, breathe and seek out Shellie, is my best advice. Warmly,
  18. Well, debts are usually private affairs, so, I can totally see how the block isn't hosting a potluck, the church isn't holding a rummage sale, and the cashiers across town aren't setting out jars with my photo and "PLEASE HELP PAY OFF HIS DEBT" taped around them. LOL! Actually, now that I paused to think on it a sec., we are all here way better off than those "lucky folks getting helped", most of them being burned out of their homes, drowning under massive medical debts to keep their loved one (s) alive through horrendous circumstances, etc So there's that to adjust my perspective on the PDQ. "-) This site being so beneficial to all of us, and at such affordable rates, (FREE!), I think generates a population here of members who are pleasantly surprised to find no-strings-attached hands-up really do exist, put in their "sweat equity" piecing their defense as guided by successful peers here, etc, and, ultimately return, paying it forward, as the saying goes. I think that is the "recipe" for this site's success. Oh! Have you read some of the success stories, yet? How about some of the stunning threads from winners, e.g., 1111girl AMSTMedic HomelessInCa String there are many more!
  19. Just to be clear, please, when you typed, "I am", as your response to Question 1, below, as to who the plaintiff were, that was meant to be CACH, right? You are not CACH-, or, Mandarich-related, are you? You did mean 'Mandarich' when typing Mandarin, correct? There are examples of the letter you seek on this site. Simply type, "[what you seek]" into the search engine, located toward the top right portion of the pages and tah-dah! Unlike other items, the letter does not need to be stamped, conformed and filed. However, countless have suggested sending _everything_ USPS Certified, Return Receipt Requested. I send everything USPS Priority Mail for under $6.00, cardboard envelope and self-adhering mailing labels and, most importantly, tracking number, included - that is one of many great pointers picked up here, from Case-Winning CIC Member HomelessInCalifornia. You are doing great! Have you reached out to NACA for a consumer law referral? With your unique circumstances, e.g. long-dead former partner, large balance due, but no claim against that estate, etc, a free sit-down with an expert for an hour kinda-sorta seems like the place for me to be, how about you? I hope the search gets you going without delay, if that's what you need. My BEST ADVICE: Reachout, in alphabetical order, to California CIC Members who are of great help to me, Anon Amos CaLawyer HomelessInCa SeaDragon Above all else, Don't Panic! Warmly,
  20. Just a thought, Have you contacted NACA for attorney referrals? Maybe a preamble to your voicemail, "I am calling as a potential client, referred by NACA.", will garner a better call-back response? Just a thought. You're impressing me with all your consumer-chaired legal battles! Keep on keeping on, please. You are inspiring! Warmly,
  21. That's right! Get - and STAY! - proactive all over this! The vast majority of the junk debt buyer, (JDB), cases are won, not on merit, but by the default of the consumer. Get all Santa-y! Set up, and, MAINTAIN! - your case calendar, you know, a list of what was sent / filed, received, etc... Make that list and check it twice, daily! Minimally. Once, to start your day's to-do list, and at day's end, to log entries for what came in the day's mail, etc. You are rocking your case like a champion right now! Stay the course! Warmly,
  22. Thanks for the heads-up! Good to know it is still an option, for now. Warmly,
  23. Winner-Winner! Chicken Dinner? Will they need to send you a 1099? The entire amount is "taxable earnings", right? Or, will this go under, "winnings" at tax time? Nah, you ___SO TOTALLY___ earned this one! Congratulations!
  24. The "debt fixers" always remind me of the lose weight NOW scammers, preying on those too lazy to put in the minuscule effort of the universally effective proven weight loss champion, Eat: LESS & Exercise: MORE Pay, and pay, and pay to acheive paying down debt, you know, the way it was all spend, and spend, and spend to rack up the debt. It is similar to the adage, "A moment on the lips, a lifetime on the hips", only it is more like, "a moment at checkout, an eternity of min. due payments to be debt-free, again. There are always opportunistic predators, with freshly printed cards, and signs on their cars, eager to take the unaware for a ride down the latest-greatest flash-fad before it, too, like all the others before them, fizzle out for the "nothings" they are. If anyone reading this is in debt, or, wants to avoid grief in the future, here is MY BEST ADVICE: 1.) Contact NACA for an expert (FREE) class, seminar, attorney consultation, and more, and, 2.) Contact the government's Pueblo, Colorado office for all you could possibly wish for on every financial front, FREE, nearly free, and, at very modest cost. If you still want to do something that will give you a reason to look back with regret, 100% for-sure, go ahead with that pay-a-stranger plan of action to attempt making your financial picture all better without doing what it takes to succeed. Who knows? You may be the exception proving the rule! What are the odds of that outcome? "-) Warmly wishing us all ever-bettering finances!
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