navy joy

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Everything posted by navy joy

  1. Hello, I'm curious if anyone has recommendations for the best order to set up the trial binder? Chronologically? By document? Are there specific documents that should be up top, at the ready, instead of just a chronological order? I'm preparing all of my documents now and can't find specifics on how best to set up. Thanks in advance!
  2. Hi, I have a court date set for next Friday, October 4 and need to get my MILs out asap. Here's my problem - I did not get my CCP 96 in on time. The JDB did not send me a CCP 98 either. Based on this, how would I phrase an MIL to formally object to 1) making sure they have someone in person and 2) that person be a person from the OC with knowledge of the account, being that I don't have info from CCP 96 nor CCP 98? Thanks in advance!
  3. Hi, I have a court date set for next Friday, October 4 and need to get my MILs out asap. Here's my problem - I did not get my CCP 96 in on time. The JDB did not send me a CCP 98 either. Based on this, how would I phrase an MIL to formally object to 1) making sure they have someone in person and 2) that person be a person from the OC with knowledge of the account, being that I don't have info from CCP 96 nor CCP 98? Thanks in advance!
  4. 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 gen
  5. 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 r
  6. @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!
  7. 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 agree
  8. 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!
  9. 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?
  10. 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!
  11. 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!!
  12. 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
  13. 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!
  14. 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
  15. 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!
  16. 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 c
  17. YES! Thank you! I knew I was forgetting something when I typed certified mail. Thanks for the reminder!!
  18. @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.
  19. @sadinca Thank you SO much for your explanations! Is there a timeframe in which I should send a meet and confer letter? Right now, I don't know what to do or what the next steps are. I've filed our answer, just got the copy of it certified by the court today and now what?? Do I wait for them to respond? The court to respond and assign a judge? Send the meet and confer or wait to do that? Thank you, again, for all of the help you've provided up to this point! I'm really grateful for it!
  20. @Seadragon I just looked at the certified mail receipts and then the BOP response dates of when I received their answers and they are in compliance. I did receive the packets (my husband and I sent separate BOPS) within the 10 day timeframe.
  21. Also, @sadinca when do I send the meet and confer letter? And are you firmly not recommending it include a motion to compel? Do I send it to them certified mail? Thank you SO much for your help! The letter is brilliant and addresses each of their objections well!
  22. Thank you so much, @sadinca Got the answer filed on Friday and is recorded as such. Took a deep breath, took the weekend off, as you suggested, and am now turning my attention to next steps. Thank you so much for the meet and confer letter. Can you explain what this is exactly? Am I requesting to meet with them? You had mentioned earlier that some have had mixed results with the meet and confer letter and pushing for motion to compel. Is it something I should pursue? What is the risk in pursuing it? Worst case scenario? Thank you @Seadragon I really appreciate the documents you've linked
  23. Ok, showing my igorance here but what is OP? I know OC and JDB but OP? I looked at the case online to see what has been filed and there is no mention of a Privilege log. What is that?
  24. The Bill of Sale is signed by a person who, I think, have the title: SVP Collections and Recovery. It's deceptive though because right before his name, the bank name is listed. No personal account info is included on this bill of sale (only on the Schedule excerpt. So, I would definitely say, no, I don't know they are the assignee of the OC. The only thing that tells me that is that is how they list themselves on the complaint as Plaintiffs. Just because they say it is so, doesn't mean it is, right? So, if the bill of sale only has one signature from someone possibly within Calvary and