navy joy

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About navy joy

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  1. Hi @LoveIsPower! Thank you so much for your response! To answer your questions, I have not received an Affidavit in Lieu of Live Testimony at all. I just got back from the mailbox to double check it didn't come today. Nothing has been filed in court regarding that either. I've searched all over the forums since this weekend and am having a really hard time finding good examples of an MIL without having done the CCP 96. @RyanEX suggested (THANK YOU so much for your responses as well) I just make my MIL more general and addressing what they sent via BOP which was 10 statements, a general/sketchy bill of sale that makes no mention of me or my account and that's about it. I'm looking at the MIL examples posted on the forums and online and I'm trying to figure out what I say, in legalese, to address my objections without being too specific. Also, I researched and can't find any local rules that stipulate MIL dates or Trial Brief deadlines. In fact, I've read a few articles that discouraged a Trial Brief (or at least implied it was unnecessary) for Sacramento courts. I, on the other hand, believe it would help my situation and let Winn Law Group know that I intend to show up and fight (especially since I didn't get my CCP 96 in). Do I send it anyway and, if so, what "rule" do I follow for a deadline since this doesn't seem to be the norm for Sacramento courts? Thank you so very much for your responses and knowledge in this area. I've been reading these forums every free moment I have and, had I sent my CCP 96 in, I would have definitely followed how Homeless in CA conducted their case! So inspiring to read! However, my circumstances feel so different that I'm having a hard time finding "like" cases on here. @RyanEX I took your advice and messaged @jcman but it shows they haven't been on the forums since they posted the dismissal and I haven't heard from them. Yet. Reading over their posts, though, it seems like they didn't do any filing or responses in the weeks and days before the trial or, if so, didn't detail out what they did. So if I have a little itty bit of time to get my MIL in and Trial Brief, what timeframe am I looking at (since I can't find one for Sac County)? Thank you in advance!
  2. Thank you for your response @RyanEX! No, I have not received a CCP 98. Do I move forward with filing my trial brief and if so, how do I go about forming my objections without the disclosure of CCP 96? All the examples I see reference info given in the CCP 96. Am I able to file MIL? Again, how would I do that without CCP 96? I realize that totally screwed myself by not getting that CCP 96 in. I handed it off to my husband due to an incredibly busy time at work for me and he misread it thinking we had between 45 and 20 days, not realizing that they have to RESPOND within 20 days of receipt of our CCP 96. I wanted to throw up when I discovered this on Sunday! Any way to recover this? I have been reading all kinds of examples and cases on the forums and all include a CCP 96; not many examples of NOT having done the CCP 96.
  3. @RyanEX Hi! if I could pick your brain on your last thought here before jcman posted it was dismissed. I am in the same boat. Being sued by Calvary SPV I in CA. Trial date is Oct. 4, 2019. I've filed BOP, Request for Admissions and answered their discovery. I did not file discovery nor did I get the CCP 96 in time. I have not received a CCP 98. In light of not having filed the CCP 96, can I proceed with MIL? How specific should my trial brief be? Any help you could provide would be so appreciated! Thank you so much!
  4. With no CCP 96 filed, does that mean I can't submit a MIL? Do they not, then, have to send a CCP 98? I'm researching these two things and can't find answers. Must the Plaintiff send a CCP 98 regardless or is it triggered when a CCP 96 is sent? Do I have no standing in filing MIL or objections since I don't know what they plan to use at trial? Lastly, my trial brief will be limited, I'm assuming, because of lack of CCP 96 filing? Any thoughts on what my objections would then be? I know I can still go with standing, as in the plaintiff doesn't have standing as I didn't enter an agreement with them and they haven't sufficiently proven that I have. I would be grateful for any input someone could provide!
  5. Hi @LoveIsPower Thank you for the breakdown! Unfortunately, I missed the deadline for CCP 96. I have not received a CCP 98. The trial is set for Oct. 4, 2019 and today is September 8, 2019. What recourse, if any, do I have to recover my standing against the JDB? Have I forfeited my ability to file MIL? Thank you so much for any help you can provide!
  6. What if I am the one who is late in serving the CCP 96? Today is 9/8/2019 and my trial date is 10/4/19. Can I still send my CCP 96 with a note? Is there any recourse for me at this point?
  7. Hi all, Calvary SPV I via Winn Law is suing me for $1400. After a year and a half, they requested the court to set a trial date of October 4, 2019 in California. Today is September 8, 2019 and I haven't sent my CCP 96. Have I just ruined my chances? Please help! Is there any recourse that I can take? Thank you!
  8. Thanks, @YOLO YOLO Reading over @calawyer previous replies in other threads, it looks like I can send the CCP 96 exactly 45 days before my trial date. Calawyer, I'm wondering if that 45 days includes weekends or if it is business days or ?? Do I even bother sending discovery at this point (since trial date is Oct. 4) since I can do the CCP 96? Thank you for any help!!
  9. Hello! I'm being sued by Winn Law Group on behalf of Calvary for Synchrony Bank. Here are my details: 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.) Winn Law Group 3. How much are you being sued for? approx $1400 4. Who is the original creditor? (if not the Plaintiff) Synchrony Bank 5. How do you know you are being sued? (You were served, right?) Served on 2/4/2017 6. How were you served? (Mail, In person, Notice on door) In person to both my husband and I (joint account) 7. Was the service legal as required by your state? Yes 8. What was your correspondence (if any) with the people suing you before you think you were being sued? debt "validation" packet including a Bill of Sale (with two dates on it - July 16, 2014 and Dec. 26, 2014), and 3 or 4 statements (dated 12/14, 6/14, 5/14); Notice of Intent to File lawsuit October 2017. 9. What state and county do you live in? Sacramento, California 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) April 14, 2014 11. What is the SOL on the debt? 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). Trial date of 10/4/19 13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) Yes because on some credit reports they are listing their account as a separate account from the OC making it look like I owe both the OC AND the JDB 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. Yes. Bill of sale, a spread sheet type thing with all of my account info and ~ 4 months worth of statements. 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? Responded with general denial and BOP. 1.Account Stated 2. money lent 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. Exihibit “A” ~ monthly statement from 4/14, listing last payment made on 4/14/14 In the fall of 2018, Winn served discovery on me to which I answered specifically with the help of @sadinca (thank you!). Since then, I've heard or done nothing. I have not served discovery on them or anything else after responding to discovery. I'm at a loss for what my next steps are. I was notified yesterday of the court date of 10/4/19. Is it normal to not have a CMC? Do I file a ccp96? Anything else I should be doing? Any advice on what I do from here would be so appreciated! Thank you!
  10. Thank you! Yes, @sadinca and I had been pm'ing this past year or so and he did inform me that due to a job change he'd be going quiet. I so appreciate all of the help that he has given up to this point! Now, though, I have a trial date and I'm trying not to panic. Where do you recommend I post a new thread? Thank you for responding!
  11. Congrats, Inthered! I am in the same boat here in NorCal with Winn/Calvary/Synchrony. My trial date is Oct. 4. I'm curious what is a TRC? I feel completely clueless on what my next steps are. I was served in Feb. 2018, filed my general denial and BOP and then sat and waited. In the fall of 2018, Winn sent discovery to which I answered in denial of all. And that's it. Nothing has happened until I received notice to compel a date in court and yesterday receiving confirmation of that date (Oct. 4). Did you file discovery? Is it too late for me to do so? Any advice or direction on next steps as I approach this trial date would be so appreciated!
  12. Thank you, Sadinca! I now have a trial date of October 4. How do I go about finding out their witnesses and evidence? I'm going through and reading each of these documents you've attached and I'm not sure when or if I should use all or any of these as I approach Oct. 4. After having my case sit for over a year and a half, I find myself needing to refresh my memory on ALL of it again!
  13. Hi there, BackFromTheDebt! I'm wondering if it's too late fo rme to file a MTC? Here's my story: Served by Winn Law Group on behalf of Calvary for Synchrony Bank in February 2018. I filed a general denial and BOP. They have sent 7-10 statements to show proof that this is my account. The document showing purchase of debt is sketchy, at best, and generic. They served me with Discovery last fall (2018) and I responded to those. Since then, I've heard nothing until the end of June when they filed to push for a trial date. Yesterday, I received notice from the court that our short cause civil trial assignment is set for Oct. 4, 2019. My question is is it too late to file for MTC and, as you said above, get this out of court and into arbitration since I'm working with Synchrony Bank (OC)? Thanks for any input you can provide!
  14. YES! Thank you! I knew I was forgetting something when I typed certified mail. Thanks for the reminder!!
  15. @sadinca Thank you so much! I have read all of HomelessinCalifornia's thread. So inspiring but also intimidating. I think the reality is I dread going to court and would rather avoid it. I keep hoping they'll dismiss because it's not worth the hassle for them but I'm beginning to think that is pie in the sky thinking. I'll go ahead and send my M&C letter via Certified Mail this weekend, Monday morning at the latest.