Kzita

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About Kzita

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  1. For those of you if you think you will try your case with Discover. I found this case here. This case is similar with mine. I just don't have the energy this time. Discover finally served me.docx
  2. @sadinca thanks for checking in. Here goes, I never mail my M&C. After they response to my BOP, I don't think I have the chance to keep on. I never hear from them since my answer on 04/2015 till they show up for order to show cause on 03/02/2018. I went to the court to see a debt collection attorney and he pretty much said "not much I can do", negotiate with them and I can use La county free mediation at dcba.lacounty.gov filed online. I also need to response if they send me the discovery and I should response and file my CM110 - 15 days before my case management review on 06/01/2018. If Disc not agree with the mediation which I don't have much to settle, the court might set the trial date next year due to backed up case. Check out your local court house for debt collection workshop is very helpful, because we all not one case fit all. If you a in fix income they can't really after you. Here one of their presentation. The plaintiff can not do the following things to "collect" the judgment *The public assistance sources income/assets are "exempt" - meaning that the plaintiff CAN'T NEVER TAKE THEM FROM YOU to satisfy the judgment. *If your only sources of income are "exempt" you should seriously consider whether it makes sense for you to file an answer. If might not. Also look up about the plaintiff can do the following things to "collect" the judgement "garnish your wages" But you can go to the court to stop this IF you can prove that you need the money to support yourself or your family by filing a "Claim of Exemption"
  3. Hello dear All, I have to agree with you @blackhawker. I have the same case with Disc and the same Law Firm. Disc had most of my original files respond to my BOP. I stopped sending more request after BOP. Disc started to filed on 03/18/2015 - I response my answer on 04/2015 - Disc had order to show cause hearing on 03/02/2018 and I have my case management review on 06/02/2018. After 3 years they law firm only changed name to Suttell&Hammer, APC. At this time of my life, I don't think I have the energy to fight and burry with paper work. Perhaps if any of you have a suggestion what should I write to Disc before my management review date or settle in a smaller amount. I want thank you for all of you that help me at the beginning of my "answer to response" I will check out the local legal aids and www.californiacollectiondefense.com Special thank you to @calawyer @Anon Amos @RyanEX @sadinca @BV80
  4. @Anon Amos @calawyer @sadinca I will be paying attention to this case, we have the same law firm that Discover hired
  5. @sadinca Thank you for thinking of me. My case is still slow nothing happening yet, I am at M&C waiting to mail out. They have response but is not from inception. I might send it out by this month. Keep in touch with @calawyer @Anon Amos and keep reading and learning Dear All Have a great Labor Day weekend, enjoy we can wait for the help line
  6. @calawyer @Mopar2u Find these cases at FindLaw Thank you for sharing.
  7. I will sign up first in line when my case is progressing. I'm still counting the days. I hope you will be in LA area by then. Good luck! you are in a good hand. Bravo Team @Anon Amos @calawyer @shellieh98 and all of you that share your experienced
  8. @Anon Amos Thanks for the head up and I've already save this thread. @calawyer I'm still learning and many many thanks for continue support. Good luck @Sevanski you are in a good hand.
  9. @Anon Amos @calawyer please continue to share your experience and what you know special for CA people that need your guidance. Keep up the good share. Thank you for taking your time and continue to help us stranger. Bravo!!!
  10. CCP 454 says that plaintiff must give you "a copy of the account". I think this can only mean a copy of each charge and each payment from inception until alleged default. You can send a Request for Production seeking the above. However you might want to wait a bit. When plaintiff sends you discovery, it helps to be able to object on the ground that plaintiff has not provided the complete account. See 1111girl's thread. ========== @calawyer I thought I add this to my post what you share with @Dianefromcali I've saved your post on August 05 2011 title "Motion to compel BOP vs. written discovery in Cal. @Anon Amos, I think I might send meet and confer letter that Plaintiff has not provided the complete account from inception until alleged amount as Complaint. Thank you all.
  11. @WhipItGood @SeattleSlew The law-firm is "Suttell,Hammer&White, APC in WA,98009. They are no different than most JDB (researched about them), fight smart and never missed your date line.
  12. They received my BOP on 04/XX and mailed on 04/XX I received 04/2X/ used Priority mail (they are on the clock) They used POS and signed by Legal Assistant Used pleading paper: PLANTIFF'S RESPONSESTO DEFENDANT'S DEMAND FOR BOP. They had VERIFICATION signed by X X, Litigation Support Manager, for Discover Products Inc. Executed this XX day of April 2015, at New Albany, OH They sent: 1.My Scored Application (copy was ok) They found this: User: XXXX date 4/00/ 5 pm Is about the account since XXXX My personal info and is out dated. 2.Discover card agreement…pages 1-14 The term and condition of your account, including how we calculate interest changes, our fees and an Arbitration of disputes section…………. BILLING RIGHT ………Pages14-16 Description of Coverage …..Pages 16-24 Global Travel hot line……….Pages 24-25 3. Copy of billing Statements from 00/XX/08 - 00/XX/201X. (Re print) ======== The Generic/copy of card agreement - No signed signature. Is a long ride but still hopeful. @calawyer @Anon Amos Here our new assignments. Thank you for your continue support.
  13. Dear All and special big thank you @Anon Amos. Thank you for all your time and many many msg, and continue support. @RyanEX @sadinca @CCRP626 @calawyer @Seadragon Update 04/27 My first step: To court - Filed the original answer PLD-010 (write in Affirmative defenses that apply to my case) and POS-30 Very grateful that the clerk lady was super nice, and very helpful. Just have your copy ready and organized. To Law firm - mailed the stamped court copy - via first class mail. ====== ======= I'm getting ready for my next step. It is my lucky day today, I received response to my BOP. To be continue.......
  14. I edited my post #13. to avoid confusing to others. I've been reading about my case since Per my Finding and understand how to file an answer if it was a Complaint Verified. I'm pretty sure mine is NOT verified. I can use Form PLD-C-010 - Answer Contract. On the civil case cover sheet; under Contract and they checked X Rule 3.740 Collections (09) @RyanEX also used this answer form. I will check Box 3 A and 6 B See sample how to fill this form at www.saclaw.org @Anon Amos many thanks for all your support.
  15. @Anon Amos @sadinca Found this: In California, if a complaint is verified, the answer must be verified. (Code of Civil Procedure section 446). A general denial is insufficient. (Code of Civil Procedure section 431.30(d).) Therefore, you can use PLD-010 but you cannot check Box 3.a. If you use PLD-010, you also have to attach a verification, which basically says something like this: "I have read the foregoing Answer to Complaint and know its contents. I am a party to this action. The matters stated in the foregoing document are true of my own knowledge except as to those matters which are stated on information and belief, and as to those matters I believe them to be true. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on (month/date/year), at Elk Grove, California. _______________(your signature)" For unlimited jurisdiction cases (amount in controversy over $25,000), the defendant must file a verified Answer. A verified Answer is one which admits or denies each allegation, usually paragraph by paragraph, rather than generally denying all of the allegations. If the defendant has no information or belief that the allegations are true, the answer can do state, and then deny the allegations on such basis. In addition, the Answer must be signed under oath under penalty of perjury. Frank W. Chen is licensed to practice law in the State of California. The information presented here is general in nature and is not intended, nor should be construed, as legal advice. This posting does not create any attorney-client relationship with the author. For specific advice about your particular situation, consult your own attorney.