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Everything posted by fxnub

  1. Sued for 35K, settled for 14K, payable over 10 years. Not too bad.
  2. Isn't that the truth. At this point I'm just hoping my attorney can work out a reasonable settlement deal. At least I avoided default judgment and can hopefully put this behind me soon. Thanks for the well wishes.
  3. Well, I stopped because I got little response to my first posts, which were pretty thorough. There really wasn't much more I could add and was really hoping for some specific guidance. It's moot now; I hired a lawyer.
  4. Well, looks like this is too complicated for me to go it alone, so off to the lawyers I go. If this were a limited case it might be different. Anyway, thanks to all for responding.
  5. It is indeed a private loan but even private loans are not dischargeable in BK, and having already been through a BK 7 years ago it's not an option anyway. SOL in CA is 4 years and this loan does fall within the SOL, unfortunately. I want to hold out until the very last minute on settlement because the law firm Patenaude & Felix does not like to go to trial and they have a track record of giving up right before trial. They make their money off default judgments and I've already avoided that by answering the lawsuit last year. I just need to be walked through the steps from here until the mandatory settlement conference a week before trial. Since this is an unlimited case the usual CCP 96 request 45 days before trial does not apply here; I need to know what to do instead. A few months ago P&F sent me a "verification" signed by the custodian of records for National Collegiate attesting to the veracity of the Plantiff's responses to my discovery request, in which I asked for their complete file. I would imagine this person would be subpoenaed at this point, but again, I need to know how to proceed.
  6. I was never formally represented by these attorneys; they provided an "attorney assisted" service where they prepared my answer, case management conference, and discovery, but I did all the filing. I also appeared at the case management conference as defendant in pro per. This was all wrapped up by June with a very long delay until my trial date next month.
  7. Being sued by National Collegiate Student Loan Trust who bought my loan from Bank of America. Discovery is complete; they were able to produce the note I signed and the document assigning B of A student loans to National Collegiate. This was all completed last year. A law firm prepared all the discovery docs for me and assisted me with answering plaintiff's discovery, but to date I have filed everything myself as a defendant in pro per (self-representing).
  8. Last year I was sued in California by the esteemed firm Patenaude & Felix for a National Collegiate student loan, 39K or so. I hired a firm last year for attorney-assisted defense, and they prepared my answer and discovery, etc. That is all long done and now trial is coming up in 46 days on April 25th. To save some $ I would like to do the rest of this myself if I can, so what now? I know the rules for unlimited civil cases are different from limited (under 25K) cases, so I want to make sure I'm proceeding correctly, or if I can even do this on my own. It seems P&F is all bark and no bite when it comes to trial and I am determined at the very least to stand my ground until the last minute! Thanks in advance.
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