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Everything posted by Istresswaytoomuch

  1. I will forever be in your debt Shells, I'm sure that if you hadn't I wouldn't have had the outcome that I did. Not knocking the other board but just as I expressed to you they had little to no knowledge regarding California law. But this board is the best by far, and just as you suggested having Anon Amos and Calawyer step in to guide me along with you was a God sent. Others helped me along the way too, but you guys keep me from stressing way too much. LOL. You guys kept a positive attitude towards me and helped me to stay grounded as I know that you do with others that you reach out to on this board, and that's the best part. I had a hard time learning how to navigate through the website but once I did the questions I was kind of on the fence about asking I was able to find and answer myself. I also forgot to mention that I omitted some things that didn't pertain to my case with the 2 downloads I included (that others before me posted beforehand) but I never had anyone proofread over anything so for people that might use the info, if something doesn't seem quite right then ask, although they worked out for me just fine. My house is clean now, no papers scattered all over the floor and couch. My kids and company finally have a place to walk and sit. I'm finally back to sleeping at night. This case made me feel like a college student again up late nights cramming. So now I'm signing off for good. Thanks again everyone, and many blessings to you all.
  2. I'm having trouble uploading, let's see if it's a go now!!!!!! Redacted Objection to Declaration.doc Redacted Trial Brief.docx
  3. I was sued by Portfolio Recovery Associates, LLC I answered a general denial last year in July(2014) once I was served at my home. I answered within the 30 days, went and filed it with the court and received a court date practically a year later to the date of my response. About 45 days before trial, I received a thick envelope UPS(during the year I didn't contact them at all, I didn't send any request for document or anything I DID NOTHING. ****** Back to the envelope. The contents were as followed: 1. Plaintiff's Trial Exhibit List Exhibit A- Citibank N.A./ Sears Card Agreement Exhibit B- Bill of Sale ("BOS")/ and corresponding electronically transferred data(*this page has a heading that says- EXHIBIT 1 ASSET SCHEDULE)/ Affidavit of Sale & Plaintiff's "Sale File" [redacted by Plaintiff's counsel] (*this sale file has no title it is 3 pages long and has your personal info on it such as an account number with only the last 4 digits showing, date account was opened the amount, and charge off date. Everything on this form is in an alphabetical list This is the first page and what they fill in,{I'm trying to be descriptive so you can see if you've received the exact same documents}) Exhibit C- Billing statements including charge off statement for Citibank N.A./Sears credit card Exhibit D- Letter sent from Plaintiff to Defendant(s) re Plaintiff's intent to commence legal action against Defendant* this was nothing but a generic letter stating that they planned on suing me * 2. Declaration in Lieu of Personal Testimony Pursuant to CCP 98 3. Plaintiff's Trial Witness List 4. Notice Requesting and Requiring Parties to Attend Trial [Cal. Code of Civ. Proc. 1987(-©] 5. Plaintiff's Trial Brief 6. Memorandum of Costs (Summary) 7. Proposed order for judgment 8. CCP 96 Like I said I received all of this 45 days before trial so I had just enough time to send them a CCP 96 also. They have to receive it 30 days prior to your trial. When I sent mine I DID NOT send a PROOF OF SERVICE FORM. Make sure you send one with the CCP 96 it's called a POS-030 if you're sending more than one item then also download the POS-030(D) this is a page to submit a list of items. I never received a response to my request for the CCP 96 so right before the trial I was instructed to send them a MEET AND CONFER letter. Make it as a general business letter/heading. My letter stated : Plaintiff cannot reserve the right to call additional witnesses, nor can it reserve its right to amend the list at the time of trial. CCP96 is plainly written and defendant will be objecting to any non-compliance of the statue. I did get a subpoena from the courthouse, when you get it you fill out the whole top portion #2 will be the last point where you fill in your info everything else is left blank, the clerk will then stamp it and sign it. Then you go on-line and find a process server. I paid 85 bucks for mine. I did everything by email. You DO NOT give them your stamped subpoena from the court you keep it. Once they (process servers) have completed their job they will mail the proof of service form to you. You take this form and staple it to the stamped subpoena then file it with the court. My person WAS served on the first attempt. BUT he DID NOT show up in court at all. Of course because he was served I did my trial brief and Defendant's Objection to Declaration.........., as though he was served and coming to court. Below is my Trial Brief and the Objection that I filed and sent to the Plaintiff
  4. Thanks to you all!!!!!! Shellieh, Calawyer, Anos Amos, and RyanEx, for all of your input, time and effort. Also for everybody else that got back to me promptly. This board is amazing. Now what happened with court: I was number 5 on the list. The first 3 cases in front of mine were handled over the phone............. I was like WOW, really???? The 4th was continuous on the board and then there was me. Of course the board said dismissed w/ prejudice but in front of the judge it was without prejudice. We didn't actually have a trial so I figured it was what it was. I just thought that it was funny because the lady(lawyer) was representing different collection agencies, I saw Cach, PRA, and about 5 others I had never heard of. Out of all the people there I was the only one she didn't pull outside and make arrangements with, and all I wanted to do was pass out this website to everyone, but of course it was too late for them. I felt so lucky to have been a participant on this board with all of you and I mean this from the bottom of my heart. There was a girl there in her 20's with a 30,000 dollar judgment against her and she was in tears. I was the only one there who prevailed. I'm about to get wasted and I'm not even a drinker so I'm gonna try my best to pop my hangover cherry because I have gotten 0 sleep in the last month because of this case, I didn't even go to bed last night at all. I wasn't nervous though, I just kept checking over my notes and adding a little more here and there, I figured I was sent to this page for a reason and learned all that I needed to know so why be nervous, about what, you got this and even if the lawyer and I had gone toe to toe I think that I would have gotten the same outcome, just WITH prejudice this time. I'll post all of my redacted documents and HELL Yeah I'm getting my cost back because of course the witness didn't show. Have a good night everyone and thanks again.
  5. I'm here, this is my second post. I don't have any idea what happened to the first. My information was highlighted on the board outside of the courtroom. In red ink it said that my case was dismissed w/ predjudice. How bout that! Just wanted to give everyone an update, I'm waiting for the judge. I'll check in later
  6. Hi Shellieh It's tomorrow and I feel like throwing up. I've been trying not to stress. Today is the first day out of months that they haven't called (imagine that). Feels kind of weird but I'm in good spirits just happy that it's about to be over. I do know what I need to do and I'll be sure to update everyone with the outcome. Thanks for checking in on me. Don't know how I could have even gotten this far without you. xoxoxo
  7. :hmmmmm:I guess I'll go out a limb and ask the forbidden question( if I'm allowed to do so)? How do we answer questions if we are called on the stand? I never really see this addressed. Of course you don't want to lie, or say something that can help the plaintiff's case. What are border line "safe" answers? Just trying to prepare for everything since I've come thus far.
  8. Me too it kills me every time I look at the title to my post. It kills me even more that I can't edit it. Mine kept changing the word "trial" to "trail," I guess because it's a word that i used a lot when I was exercising and meeting with others to join me, but hey what can you do?Lol Thanks for the insight though, I was always curious, but never asked.
  9. I'm clear on all the other forms that were included in the CCP98. I've read through all types of threads as instructed and many mentioned the other two items sent to me,(Bill of Sale and Assignment/ Affidavit of Sale of Account By Original Creditor). The areas that I placed an (X) next to, did contain my correct information but I have no idea what the title of these forms(3) are exactly, and just would like someone to shed some light on it for me. Also on this Asset Schedule I know that they whited out some info, is this just a receipt referencing the sale of all the debts in its entirety that they purchased from the OC, mine included (I'm assuming on this sheet I'm referred to as a number instead of by name)? Like I said I am knowledgeable about everything else in front of me, these two items I don't understand a full 100%. Unknown.pdf Asset Schedule.pdf
  10. OMG my heart just stopped and I'm a ball of nerves, today was my first attempt at serving the subpoena and the individual was in fact there to be served. I know that a lot of people on this site prevail in a trial by the person not being able to be found, now this changes everything for me and knocked down my confidence level tremendously. So now I guess the objection to the ccp98 is out. August 1st will be day 20 for the response back for the CCP96 that I sent them. Im just panicking now because I just received my confirmation for delivery, I'll calm down and concentrate on what my next step is.
  11. I'm still receiving calls from them everyday that I don't answer. Is that okay that I don't pick up?
  12. I meant the documents I listed in my first post such as the CCP96 that they sent me. I thought if I didn't respond to it that they can get a default judgement or something, because it does state that I have 20 days to respond. So, do I respond? I Know how to answer but I guess they don't have to be filed with the court first. Is it okay to respond on plain paper, or do I need to download a certain type of response form, I've been searching on line and can't find one. 2. Is it okay to send the response back to them certified mail before the 20 day deadline?
  13. Forgive me, Yes the CCP96 included the address of the witness which is within the required limit of the courthouse. I wasn't able to find the name of the person until I got to the last page of it where the signature was required. You are 100% right shellieh98 my name is nowhere on this page. I also counted back from the day of the trail and 7/14/2015 will mark 30 days before the trail( if weekends are included). So I went to the P.O. and sent off the CCP96 request express mail. It's guaranteed for a Monday delivery so I beat the 30 day deadline. @ Anon Amos, yes that was the ONLY letter sent to that address. Everything pertaining to Portfolio has come to my current address, as I stated before they served me here. I know it's an intimidation factor but I just sat here and read over everything with a fine tooth comb, when I came across that I looked through everything again even what they acquired from the purchase and ALL of those papers list my current address. It's like they went way back and pulled that one our of their a$$. It's titled, "Notification of Intention to Incur Court Costs by Filing Suit." ......You are hereby notified that, unless payment or arrangements are made by a certain date that they intend to file suit I the proper venue....... Below that there's three boxes with three different payment options and a stub to detach and send in with payment. There's an account/reference number included all blacked out except for last four digits. On the detachable stub is where they used my childhood address. Their Exhibit 1 is an Asset Schedule. It has 4 different sections Sale ID/# of Accounts/ Sale Rates/ Sale Balance/. Of course they are whited out. An Affidavit of Sale or Account By Original Creditor from South Dakota (Notarized). A three page list that has the day account was opened, just basically all the info about the account including my name and current address. ( The first three lines are ACCOUNT NUMBER. ACCOUNT NUMBER CROSS-REFERENCE NUMBER. ACCOUNT OPEN DATE.) It doesn't have a title or page numbers so I don't know if it's supposed to be included along with the affidavit. Hi Calawyer I already have the subpoena printed up and ready to be stamped by the court first thing Monday morning. If I understand correctly I'm to start attempting to serve them on the 20th day prior to the trail date. Shellieh98 has helped me so much, so if I misinterpret any directions don't hold it against me. Since I'm taking care of the subpoena Monday should I just go ahead and file the answer to the forms they sent this week to get it out of the way? Also do I wait until after the process server does their service to file the trail brief with the court and with a summary of what happened during the requested service.
  14. Portfolio is the plaintiff, the amount is 3k. The original creditor is Citibank. I was served In person at my front door by a process server. Process service was a legal requirement by the state. I didn't answer any of their calls or letters. I'm in LA county, California. I defaulted in 2012. The SOL has not passed. The most that I did was file an answer last year using a general denial. Received a court date but had planned on demanding arbitration, but I have learned that that should have been filed at the time of my answer. This week a package was delivered by courier. It contains a proposed order for judgment, a memorandum of costs(summary). A request for statement of witness and evidence-for limited civil cases. Within 20 days I'm suppose to serve them with 1. the names and addresses of witnesses I intend to call at trail (except for any individual who is a party to this action). 2. A description of each document that I intend to offer at trial. 3. A description of each photograph and other physical evidence I intend to offer at trail. A trail witness list which is of course an affidavit from a party at their firm. 1. Custodian of records for PRA/ his statement. 2. my name 3.His claim to call additional witnesses on the basis of newly discovered evidence, etc. also they reserve the right to ament this list at the time of trail. Notice requesting and requiring parties to attend trial, indicating that I need to bring any/all correspondence between me/original creditor/and these clowns. A trail list with 4 vague exhibits. Card agreement/Bill of sale which is an electronic computer file with only two lines on it whited out/ 2 billing statements/ And a letter sent from plaintiff with the intent to commence legal action against me * This here is mind boggling to me because even when they purchased the debt and all forms included in this packet have my current address that I've resided in almost 10 years now, but this letter (the only letter) they sent to my childhood home which was sold about 5 years ago. I haven't lived there in over 20 years, I was even served at my current address so I know that they intentionally sent that one document to the wrong address on purpose. Do I have any standing for this fact alone? A trail brief I Introduction (One paragraph) II Summary of facts (another one paragraph) 1. Account Stated (three paragraphs) Defendant failed to dispute any charges Incurred (two paragraphs). Proof of service Declaration in Lieu of personal testimony pursuant to CCP 98.