neikimercer1959

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About neikimercer1959

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  1. I tried to sign on the petition but states the petition is closed now.
  2. Thank you for your response to my question. I do have a questions as to working on this website. I started my first thread in regards to a debt collection case in California and received a lot of great responses. It has now been a few months and have not posted my case update but spending a lot of time researching for answers throughout this website. I would like to give an update on my case with a few questions. I know I am not suppose to start a new thread, so do I just find my original thread and simply type a new post? I ask because my questions now are now at a different level and wanting to put a new title. Thank you.
  3. I have a second mortgage on my home that is solely in my ex-husbands name that I was basically blackmailed into agreeing to pay off via our 4-year divorce. After I had reinstated the first mortgage of $30K, my ex-husband said he would not agree to letting me take over the home if I did not comply with his demand to also take over the equity loan he cashed out on behind my back., I had to do this otherwise I would have lost my $30K which was all the savings I had remaining from the divorce. The bank (Wells Fargo) would not even allow me to receive the statements of which I was paying unless my ex gave them approval in writing. This loan is not fixed and I will be in hot water real soon with this loan and my hands are tied to refinance it since my ex is not willing to help me out and only he can ask to have it refinanced since my name is not on this loan. I have tried to do this on my own and they keep denying me. How can I get this information in my situation?
  4. Thanks so much for posting all this information, now I just need to get a nice suit to appear in court - don't think my tractor gear will be impressive to a judge in California. I am at the stage of appearing for the CMC in a few days and shaking like a scarecrow in the wind. Is it ok for me to PM you with a few questions?
  5. I have same lawsuit with Moore Group in CA. I am now at the stage of a Case Management Conference scheduled for next week. This organization is very shady, they did not file a POS on the Summons & Complaint when it was substituted service (never received a copy in the mail). I filed my answer about 15 days after complaint was served and found they filed the POS one week after I filed my Answer to their Complaint and they state it was sub. service but also claimed to have sent me a copy in the mail which never happened. It is important that you do ask for a waiver fee if this is a financial burden for you, I was granted the waiver fees for all the filings, copies of docs ad certified copies, service fees. I also served them with a BOP and they sent me a copy of the contract with the OC and most of the statements but nothing to verify they own the debt and/or they are in fact attorneys for the OC. The judge assigned to my case is very strict about CMC and filing a CMC Statement. In CA it is the responsibility of the person that filed the Complaint to attempt contact with the Plaintiff for "Meet and Confer" which is required by Rule 3.724 of CA Rules of Court which this question is asked on the CMC Statement Form #19. I filed my CMC Statement a few days before it was due and the Moore Group has missed the deadline for filing their Statement and again, I have not received a copy if it was mailed to me. My point so far is that they appear to want an easy win and certainly are sly about when they file their documents and are not accurate with the facts of what they present to the court on these documents so pay close attention to every detail. In addition, it was their responsibility to include information about the CMC Statement to me and that also never happened. My guess is they will request to be present at the CMC by phone due to the cost of a long drive. However, in Most Cases with this group but not all, they will drop the ball the day before the actual hearing. I hope this helps you out, if you want to follow my continuing efforts to fight this sleazy group, I will be posting again probably tonight. Best of Luck, just stay strong and be on top of filing on time. This site is a blessing and these people are so wonderful to help out people in dire straights ... I love them all and you came to the right spot for help.
  6. CA CMC Summary: I have filed my Answer to the Complaint Dec 10th; served BOP via certified/return receipt to Plaintiff's Attorney using both their PO box address and street address. Plaintiff never filed a POS, I have not received my return receipt from serving the BOP on Dec 9th and now the court has sent me Notice of CMC set for date end of Jan. Question: How should I prepare my Summary? Should I wait to see if BOP docs arrive by the end of the 10th day and use that for a defense and if so, how can I use this defense in my Summary?
  7. My Common Counts seem to be similar to many threads I have been researching (Book Account-acct stated, Money Lent, Money Paid). However, as much searching I have done I can't seem to find a sample of an Answer with Affirmative Defenses used. To limit myself from digging a further whole in this mess, I want to state only those that honestly apply to my situation. Where can I get an example of how this looks on paper ready to file in court?
  8. @Anon Amos How To Prepare Mailing Address for BOP Certified Mail: The Complaint lists four attorneys with bar numbers but only one of the attorneys signed all the documents. They also list a street address and a PO Box. Do I address it only to the one attorney that signed using the street address or prepare just as they state on the complaint?
  9. I just read "Case Management Trial Date w/ Moore Law Group". I hope this information will be same in my case, however just going through the motions and emotions is so hard and appreciate this site for being so helpful, thank you to all!!
  10. @BlackMetallic Did you read "Case Management Trial Date w/ Moore Law Group"? If not, please do so now. I have also been served with a complaint from Moore Law Group and no longer feel so stressed out.
  11. I just found some good information for you, must read "Case Management Trial Date w/ Moore Law Group". I think it will take off some stress.
  12. Thank you for your info., I was served last month by The Moore Group and so appreciate knowing your case outcome. It gives me hope and Congrats to you and everyone that is fortunate enough to read your information on this matter.
  13. Please read Win Capital One Lawsuits, his case was Dismissed without Prejudice filed by Capital One (CO) in San Diego County. The CO hired a local attorney . I too have been served via The Moore Group in November and I will be preparing a BOP as my first step. Good Luck to you, hope you fight it out and win.
  14. @calawyer The Declaration is in a form setting starting with "I, the undersigned declare as follows: 1. This is an obligation of the defendant for goods, services, loan or extension of credit intended primarily for personal, family or household use. 2. San Luis Obispo is the County (only checked ©; not a. in which the defendant in fact signed the contract; not b. In which the defendant resided at the time the contract was entered into;) but checked © In which the defendant resided at the commencement of the action. Is then signed by one of the four attorneys stated it was executed in November with the date at Santa Ana, CA. I pulled up my credit report and found that the original credit card company charged off the account in same amount due as what I am being sued for and the Status Details state this account is scheduled to continue on record until 2020 with a comment that the Account closed at credit grantor's request. In the Account History it shows Charge off dates as of November 2014 same time these documents were prepared by The Moore Group to sue me. In addition, I found that The Moore Group request record of my credit history in November and at the end of September with no notification to me and does not state a phone number, only address and the name The Moore Law Group.