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jrome1228 last won the day on December 6 2015

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  1. Would I file objections based on the fact that they did not include any of the evidence in response to the CCP 96 I sent them? It would seem that it work against me to file Objections based on their "Exhibit List" and introduce their Exhibits as evidence into my case when they were not smart enough to attach the Actual Exhibits in response to the CCP 96 request. It clearly states on the CCP 96 request, "Attach a copy of each document available to you."
  2. Would I just object to all of the evidence and the witness during the trial or would I have to file an objection to each prior to the trial?
  3. Hi guys, You all were such a tremendous help for me on my first case, but unfortunately, I am back in here, and I need some last minute help as I prepare for another case next week since I just received a response to my CCP 96 request, today! Here are the details of my case: 1. Who is the named plaintiff in the suit? CALVARY SPV I, LLC 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Quall Qardot LLP 3. How much are you being sued for? $2, xxx 4. Who is the original creditor? (if not the Plaintiff) Capital One 5. How do you know you are being sued? (You were served, right?) I was served papers on 06/28/2016. 6. How were you served? (Mail, In person, Notice on door) Left on my doorstep and then a copy in the mail. 7. Was the service legal as required by your state? I guess CA allows this type of service. 8. What was your correspondence (if any) with the people suing you before you think you were being sued? I got a few letters from the law firm requesting payment, but I never responded. 9. What state and county do you live in? Los Angeles, CA 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) 08/01/2013 11. What is the SOL on the debt? To find out: 4 years 12. What is the status of your case? Suit served? Motions filed? You can find this by a) calling the court or looking it up online (many states have this information posted - when you find the online court site, search by case number or your name). Court Dated Scheduled for 08/15/2017. 13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) No 14. Did you request debt validation before the suit was filed? Note: if you haven't sent a debt validation request, don't bother doing this now - it's too late. No. 15. How long do you have to respond to the suit? (This should be in your paperwork). If you don't respond to the lawsuit notice you will lose automatically. In 99% of the cases, they will require you to answer the summons, and each point they are claiming. We need to know what the "charges" are. Please post what they are claiming. Did you receive an interrogatory (questionnaire) regarding the lawsuit? I responded within 30 days. COMMON COUNTS: Open Book Account & Account Stated. 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. Along with the Summons, they Sent me: 1. Bill of Sale 2. One Billing Statement When I sent them the Demand for the Bill of Particulars, they sent me: 1. Billing Statements (from 11/2012 thru 06/2013) from Capital One 2. Billing Statement (from 08/2015) from Calvary Portfolio Services, LLC 3. Bill of Sale and Assignment of Loans 4. Terms and Conditions 5. Application (Signed Certificate of Acceptance) Lastly, I sent them a CCP 96, Request for Statement of Witnesses and Evidence on 07/10/2017, and I just received it in the mail today after receiving a Notice of Trial in the mail last week. hey placed the CCP 96 response in the mail exactly on the 25th day! In it they wrote: TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD: Plaintiff, CAVALRY SPV I, LLC's, respectfully submits its Witness List and reserves the right to amend this Witness List at any time prior to or during trial. 1. Heather Wilcox, Representative of Calvalry, 500 Summit Lake Drive Ste 400, Valhalla, NY 10595 Plaintiff, CAVALRY, respectfully submits its Exhibit List: and reserves the right to amend this Witness List at any time prior to or during trial. 1. Billing Statements 2. Bill of Sale and Assignment of Loans 3. Terms and Conditions 4. Application Plaintiff, CAVALRY, reserves the right to introduce exhibits not provided on this list for impeachment or other purposes. Now, the CCP 96 lists the Witness (which is not a Custodian of Records) and the Exhibit List, but they failed to attach any of the Exhibits with the CCP 96 Response. They did include all of the exhibits with the response for the Demand for the BOP. Will that suffice and, if so, should I send a Meet and Confer letter informing them that I plan on objecting to their witness due to hear potential testimony being hearsay?
  4. I checked the court docket and it only says that it was filed on that date and nothing else has been added to the docket since that date.
  5. OK. Thanks Anon! I thought I had to get a judgement against them. Do you have a sample of an M&C letter for this purpose or can you give me an idea of what the wording of the letter should include. I haven't been able to find much on this forum about this subject so I'm not even sure which questions to ask..ha ha!
  6. Thanks for the info stick&rudder! The issue I have, though, is that the plaintiff never sent me a notice of entry of dismissal. The case was dismissed on Nov. 10th. I called the clerk's office and was told that they don't mail anything to either party. So, what if they never send me a notice of entry of dismissal? It's already been over a month and they haven't sent anything. Is there some type of loophole where if they don't send it, then they don't have to adhere to the MC-010? My costs only included the filing fees and the process server fees so it wasn't anything out of ordinary. I'm just not sure what to do right now, but I really don't like the fact that they never sent me a notice of entry of dismissal. Any help would be much appreciated...
  7. Hi All, So my case was dismissed without prejudice thanks to the help from everyone on this forum, but now I need a little more assistance. (The link to my thread can be found here: http://www.creditinfocenter.com/community/topic/326783-another-hunt-henriques-victim-heretrial-set-for-early-nov/) I filed the MC-010 with the court and Hunt & Henriques did not file a Motion to Tax within 15 days, nor did they send me payment for my costs. I am not clear what to do next in order to have it converted into a judgement. Can someone point me in the right direction on what to do next? The MC-010 was served on 11/17/15 by CMRRR. Thanks!
  8. Hi All, So I filed the MC-010 with the court and they did not file a Motion to Tax within 15 days, nor did they send me payment for my costs. I am not clear what to do next in order to have it converted into a judgement. Can someone help me with the next steps? Thanks!
  9. Thanks sadinca, 1stStep and RyanEX! It's great to have this behind me and to know exactly what to do in case it happens again! It does no good to put your head in the sand and hope it goes away only to make matters worse than they originally were. It, also, does no good to hire some 2-bit attorney who is only going to try to work with the other attorneys to work on a "reasonable" settlement. All of the information is here. IF YE SEEK...YE SHALL FIND! FYI...I never even filed and mailed H&H an Objection to the Declaration of Maria Marin, the Declaration in Support of, nor the Trial Brief. I guess the Subpoena was all I needed...and maybe the M&C letter helped a bit, too...ha ha! I will go down to the court on Monday and Tuesday to file the MC-010. Is the MC-011 needed to, and do I need to attach any proof (i.e. receipts of charges)?
  10. Thanks H8! Sorry for the delayed response. I needed a couple of days to decompress from getting all worked up for a trial I didn't have to go to...ha ha! As for the Notice of Entry of Dismissal, I called the courthouse today and the clerk told me that they don't mail out a Notice Of Entry of Dismissal. She then told me that if I received something that it would be from the party who dismissed, H&H. She, also, said that the case was closed at that I couldn't file anything to re-coup my costs so it is a waste of my time. I mentioned the MC-010 form and she said that I should "seek legal advice" and that I would have to file a motion with the judge in order to request my fees to be reimbursed. This clerk lady is is one nasty...you know what! She's even like that in person. Actually, they are all like that in person. I trust the information I get from this forum so what should I do in spite of her instructions. She, obviously, doesn't want to accept the MC-010 so what should I do in that event? As for your questions: 1) I dropped the CCP 96 in the mail on Day 41. After that I sent in my M&C Letter on Day 15 and started the Subpoena service that day. Unfortunately, the company/guy I decided to use was fraudulent. The guy's name is Richard McMillan, supposedly and the name of his company is P.S.S.L.A.C. (Process Server Service of Los Angeles County). I Google "Process Servers in Los Angeles" and his listing pops up with "4 stars" touting Subpoena service for $34.99. OMG!! This guy was a complete fraud. He claimed to do the service and never did! He got the job on a Tuesday and claimed it could be done by Friday with a Declaration of Due Diligence and everything for only $34.99. I called and emailed him on Friday and he didn't return my call or email. I then called from a different number and he picked up and acted like he didn't even remember taking my order. He, then, told me that it was already served and that he needed to get the information from his process server that worked for him. Of course he never called me back so I got concerned. I called him back again and he said that it was served on Friday and that it would be $48.00. I said what happened to the $34.99 you told me from the beginning and he said that I could just go with someone else if I didn't want to pay the $48 (Classic bait and switch). I, then, told him that I was under a time crunch so just get me the documents via email and I will send over the payment after we agreed on $39.29. He wanted me to send him a copy of a check to pay, but I paid through PayPal because something didn't seem right and I knew I could dispute with Paypal if something went wrong. I, then Googled "PSSLAC" and then the true "YELP" rating revealed what I feared. This guy is nothing, but a SCAM Artist. He takes a job, never does the service and sends you a fraudulent Proof of Service document "in the mail"...if he even sends one. On Monday I asked if he could email me a copy of the Proof and Declaration of Due Diligence. He told me that he couldn't email me a copy of the Proof of Service because it was in the mail. I got his fraudulent document just in the nick of time on the following Wednesday. The guy was such and idiot that he wrote 11/03/2015 as the date of service on the Proof of Service when he mailed the bogus Proof to me via Certified Mail on 11/02/2015. Can you believe that?! He almost cost me my case. Luckily, I was able to get on Yelp that same day on Wednesday and request a Rush service through Process Server Express for $85 and Jack was able to make the 3 attempts on Thursday, Friday and Monday and get the Proof of Service and Declaration of Due Diligence to me via email on Monday afternoon. That guy was a life saver and I recommend anyone to use him. $55 for Regular Service and $85 for Rush. I just wanted to write this as a lesson for people who might not realize how IMPORTANT it is to have a legitimate, reputable Process Server perform the service for you. Trusting a cheap price and a "4.3 star" Google rating almost cost me 11K!! 2) I knew that my particular judge was a stickler on CCP 1271 in a previous case because when I went to the Court on that Monday afternoon to file my Proof of Service and Declaration of Due Diligence, I went by room where my trial was to be held. I wanted to make sure I knew exactly where it was so that I would be looking for it the following morning. I saw a paper on the door with my case information and it had the judge listed for my trial. I took a pic of it with my camera phone and when I got home I googled the judges name and "in pro per" and a few other key words. Some how it directed me to this site: http://www.therobingroom.com/california/Judge.aspx?id=2797 I was able to look at a review of one case that he presided on and it immediately gave me relief. I am not sure if every judge has a rating, but my judge sure did and I knew exactly how to attack all of their bogus evidence because I knew they could not bring a witness from the OC since none were listed in the response to my CCP 96. I know that was a long post, but I hope that helps people deciding on what Process Server to select by not making the same mistake I made and, also, by trying to do some type of research on the judge in your case so that you can be prepared for how to use him/her to your advantage. Cheers!
  11. Thanks! I never would have been able to do it without all of you help on this forum....both directly and indirectly. Even though my case got dismissed, I was kind of excited to go in and fight my case because I knew they had no proof and the judge who was assigned to my case was a stickler on CCP 1271 requiring a witness "with personal knowledge" for every affidavit submitted in a previous case. Because of this, I felt very confident heading in to trial. I prefer be able to bypass it all together, though. I was hoping for a dismissal and that is what I got. I didn't know they would push it all the way until the night before the trial, though. The JDB's are having a tougher and tougher time because of this forum. I guess their only hope is to force the Defendant to try and settle in the 11th hour. I definitely want to recoup my costs, though. What are the next steps to do that? Also, what can I collect? I'm assuming just my filing fees and probably fees for the Process Server, right?
  12. ****UPDATE**** My trial was scheduled for today and I just dropped of the Proof of Service and the Declaration of Due Diligence at the Courthouse yesterday. I had a serious issue with the first Process Server I used so I will detail what happened with that later. So I woke up around 5am to finish up putting together my Trial Binder and decided to look at the Online Docket to see if the Proof of Service & the Declaration of Due Diligence would show on there and it didn't, but quess what did show.... Histories (Dates listed in descending order) 11/09/2015 DISMISSAL WITHOUT PREJUDICE FILED FOR THE ENTIRE ACTION AS TO ALL DEFENDANT(S) AND ALL CAUSES OF ACTION(S). 11/09/2015 CASE FILE RETURNED TO CIVIL DEPARTMENT FROM COURTROOM. CASE DISMISSED WITHOUT PREJUDICE!! HUNT AND HENRIQUES CHOKES ON ANOTHER FAT ONE!!
  13. Thanks Seadragon! I had a titled the other way so that was great information prior to me completing those documents. I just mailed out my M&C letter and got the subpoena along with a process server to start the service process today. I will keep you all updated with the progree. I just saw that John4600 received a dismissal letter today. I am hoping for the same!