Inthedred

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Inthedred last won the day on July 10

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  1. @LoveIsPower The rent-a-lawyer had 21 or 22 cases in that court room. Definitely litigation by numbers. He reminded me of Mr Magoo, (I just dated myself) Had to hold his papers an inch from his nose to be able to see what they said.... lol.
  2. @LoveIsPower It was dismissed just prior to the TRC. In my opinion, the specific thing that got the dismissal was they realized I knew what I was doing and wouldn't be an easy win. I sought out their rent-a-lawyer to ask him if he had our joint statement, he asked if I would be willing to settle this matter. I told him I would settle for dismissal with prejudice, deletion of tradelines, mutual release, and each party bears their own cost. He said hold that thought, as he went up for another case, which he won by default because the defendant didn't show up to their TRC. Came back to me, said my offer was a little steep, and he was willing to settle for 10% of the amount claimed. I told him that their evidence was crap, they had no witness, as PMK didn't comply with ccp 96, that their affidavit was hearsay, and also didn't comply with 2015.5 the look on his face was priceless when he realized that I knew what I was doing, he then said, well my client said to take any settlement, and that is a settlement. We waited till our case was called, he told the judge that he would be dismissing the case with prejudice at that time, judge asked if I had any objection, I said no, and that was it. The rent-a-lawyer, said he would report back to his client, and I should get a mutual release and confirmation of the rest of our agreement in writing in a week or so... The dismissal is already recorded in the court ROA.
  3. Thank you to all that helped me along the way, case dismissed with prejudice!
  4. I just received the response to my CCP 96 request. They sent: Plaintiff hereby respectfully submits its Trial Witness as follows: 1. The PMK (Person Most Knowledgeable) for JDB, LLC 2. Plaintiff intends on calling the named Defendants for testimony. Plaintiff hereby respectfully submits its Trial Evidence as follows: 1. Credit Card Agreement 2. Billing statements dated Nov '15 - Sept '16 3.Affidavit of Sale of Account by Original Creditor, Bill of Sale, and Schedule Excerpts. @RyanEX @calawyer I'm thinking my next move is to send a meet and confer letter to the JDB, letting them know that their Witness list does not comply with the code. I know that there was a meet and confer letter for this very issue floating around, but the search option is not my friend at the moment and I am having trouble locating it. Any help would be appreciated. TRC is this week and the trial is the 26
  5. @lovelspower I bit the bullet and hired Ian Chowdhury and let's just say I can't talked about the end result, but it was a very positive outcome....
  6. 1. Who is the named plaintiff in the suit? Credit Corp Solutions 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Pat and Fel , Apc 3. How much are you being sued for? more than 1600 less than 1700 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 6. How were you served? (Mail, In person, Notice on door) substitute service 7. Was the service legal as required by your state? yes Process Service Requirements by State - Summons Complaint 8. What was your correspondence (if any) with the people suing you before you think you were being sued? I'm sure they sent letters in the mail 9. What state and county do you live in? San Diego County, California 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) 11. When did you open the account (looking to establish what card agreement may be applicable)? 5/23/16 12. What is the SOL on the debt? To find out: 4 years Statute of Limitations on Debts 13. 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). Suit Served, Sent BOP and prepping general denial and fee waiver 14. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) No 15. Did you request debt validation before the suit was filed? Note: if you haven't sent a debt validation request before being sued, it likely won't help create FDCPA violations, but disputing after being sued could be useful to show the court that you dispute the debt ('account stated' vs. 'breach of contract'). No 16. How long do you have to respond to the suit? 30 days. We need to know what the "charges" are. Please post what they are claiming. Account Stated and Open Book Account. Did you receive an interrogatory (questionnaire) regarding the lawsuit? No Here is an example of what the summons/complaint may look like: Sued by a Debt Collector - Learn How to Fight Debt Lawsuits 17. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits.Sent two statements from the OC 18. How did you find out about this site? Ive been a Member 18. Read these two links: I have Using Arbitration To Defend A Debt Collection Lawsuit Sued by a Debt Collector - Learn How to Fight Debt Lawsuits ==================================================== Well I had another suit dropped on me by the bottom feeders. I sent out a demand for BOP and received back: Looking for some help on a meet and confer letter. 1. Objection. the complaint is based an account stated and defendants breach thereon in the principal amount of $16xx.xx. Defendant (me) BOP is inappropriate for the plaintiff (them) account stated cause of action because an account stated cause of action is deemed to itemize. Section 454 is not applicable to a contract or promissory note which has an account for its consideration. See Ahlbin v. Crescent commercial corp (site) ; Auzerais v. Naglee, 74 Cal 60. {15 P. 371} Notwithstanding Plaintiffs objection, and upon duplication, as Plaintiff will produce under a request for production of documents, and in the spirit of Discovery, Plaintiff produces the following: true and correct copies of the documents plaintiff is currently able to furnish are attached as Exhibit 1 and incorporated herein by reference. Plaintiff reserves the right to produce more documents as they become available or produce them at trial. The documents demonstrate a course of conduct wherein Defendant (me) failed to make payments on a credit card account issued by the plaintiff. I was sent: Affidavit of sale blanket certificate of conformity for notary a bill of sale a card agreement a pricing information addendum for the card agreement a variable terms addendum for the card agreement 12 statements from 1/16 - 12/16 and a proof a service.
  7. The trial will be mid July, when should I send off a request for production of documents? They have not asked for any discovery yet. Should I just sit tight for the time being?
  8. stating that I failed to show that the plaintiff would not arbitrate, see Code of Civil Procedure section1281.2 When I went to the hearing the judge basically said I had nothing to show that the plaintiff would not arbitrate.
  9. Hello All, Hoping to get some responses from the California people.... sadinca , RyanEX . My trial is set for mid July. so far I have not received any request from Calvary for discovery. At what point in time should I send them my request for production of documents?
  10. Thanks @RyanEX I've been going through the threads that come up under search term unlimited. Definitely answers the question if I needs to be on pleading paper. Any help on verbiage would be helpful as well.
  11. Thank you for the info... I'm familiar with arbitration strategy and have re-read that post. I need to awnser the suit, and on this one I can not use the GD. That is what I am seeking guidance on, how do I format and respond with the more formal answer?
  12. Hello All, You all are so helpful, I decided to do it again....😁 Being sued again by Calvary in California for an old CITI account. This time it is in excess of $30k. So on this one I am assuming that I can not use a General Denial like i have on another suit. Any advice or templates for answering the suit correctly? I have 26 day left to answer.
  13. Hello all, help needed.... I checked the court ROA, and there is a tentative ruling to deny my MTC. stating that I failed to show that the plaintiff would not arbitrate, see Code of Civil Procedure section1281.2 The hearing is tomorrow afternoon. Any thoughts on how to argue this so the judge changes his mind? They failed to arbitrate when they filed suit? The agreement states, "the party who wants to arbitrate must notify the other party in writing.this notice can be given after the beginning of a lawsuit, or in papers filed in the lawsuit." Included in my General Denial "papers filed with the court" "affirmative defence lack of subject matter jurisdiction - the underlying contract, located on page four (4) contains a private arbitration clause which the defendant has elected to exercise. Therefore, this court does not have jurisdiction to hear thus matter" Included in my motion, "papers filed in the lawsuit?" The defendant elects arbitration with JAMS to settle this dispute.
  14. First that you to those that have posted, I appreciate it. Just a little update: General Denial, request for BOP and filed a MTC arb today. Hearing for the MTC is at the end of August. Once again, thank you all.