Gotasha

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Posts posted by Gotasha


  1. On 10/12/2018 at 10:45 AM, WhoCares1000 said:

    Since this is non-binding, I think the plaintiff was the right to request a Trial de Novo in 30 days too. The question is, will they do so.

    Well, they did file the trial de novo and I filed a motion for monetary sanctions for their failure to appear in good faith and they dismissed the case.  I have attached the dismissal below.  


  2. On 11/4/2018 at 11:19 PM, Hero.Won said:

    Hi Gotasha,

    Thanks so much for sharing your arbitration journey. Like you, I am dealing with Harris and Zide in CA, and the JDB is LVNV. My debt is also a little less than $2K.

    Your story gives me hope that despite their rudeness and bravado, Harris and Zide/LVNV will not pursue such a small amount all the way through arbitration. I am wondering if you can share more about how you got to judicial non-binding arbitration. Is this what you asked for, and if so, at what point in the legal/court process did you do this? I ask, because I'm still within the 30-day response period where I could ask LVNV to verify the debt and where I'm thinking of inserting the language that I opt for arbitration. I'm counting on the JDB to back off due to the cost of arbitration and offer me a settlement closer to what I can afford. 

    Any thoughts or advice you can offer would be much appreciated!

     

    How is your case going?


  3. Hello All,

    LVNV did file a trial de novo as expected however, I filed a motion for monetary sanctions in the amount of $3,500 for their failure to attend the arbitration hearing and they immediately filed a request to dismiss the case.  Hmmm, I know they will be back and if not them one of the other pretender debt collectors with phony assignments and BS.  When they rear their ugly heads I will be ready.  Good luck to all of you and may God Bless you and your Journey with these lying thieves.  

     

    LVNV Request for dismissal .pdf

    • Like 2

  4. Well, I also filed a complaint with the CFPB and I think between my brief and the filing of my complaint right before the arb hearing they bailed.  I checked online today and they have responded to the CFPB asking for more time, lol.  I could be wrong but I don't think they will file because I could argue and oppose that they did not commit to the arbitration in good faith but no call, no show.  That is a basic requirement is to show good faith. 


  5. I think the most important part of my arbitration brief that made them no show is when I wrote this as my conclusion: 

     

    Without live testimony from a qualified custodian of records from each entity in the assignment chain, Plaintiff will fail to authenticate the documents from LVNV Funding LLC and Resurgent Capital Services as "business records" falling under the business records exception to the Hearsay Rule. Because Plaintiff cannot succeed on its claims without these documents, Plaintiff is not entitled to any recovery on its Complaint. Plaintiff’s methods involving this case are at a minimum frivolous, unethical, unconscionable, and akin to acts of moral turpitude bordering criminal activities.  Pretending to have information of an alleged debt, filing a lawsuit without the proper documents, using deceit, deception and trickery is demonstrative of unclean hands and fraud upon the court. 

    Finally, Plaintiff completely fails to demonstrate that it has rights to collect and sue on XXXX’s purported account. For these reasons, defendant respectfully requests that the arbitrator enter judgment in favor of XXXX.


  6. No one responded to my question but I wanted to update those that may need to hear this.  I wrote my arbitration brief which should be attached and LVNV's legal counsel failed to show up and after waiting 30 mins the arbitrator ruled in my favor.  I believe that they did not show up because I called them out on their only piece of evidence which was a declaration that I completely tore apart.  Good luck out there and may God Bless us all!


  7. Hello All,

    I have lurked on this forum for over a year now.  I have filed my response to JDB's counsel Harris and Zide.  My case has fallen into the hands of arbitration (judicial non-binding).  Of course I got a Declaration in Lieu of Testimony and there was no name of the affiant nor an address.  I sent JDB's counsel a meet and confer letter (CC'd arbitrator) and they basically told me to kick rocks and were rude and nasty...so I am unable to subpoena their witness for cross examination.  I will object to the affiant's declaration but I am not sure how to do that in my brief or if I should, any thoughts?.  This case has been going on since July of last year and I know that I do have the fall back of requesting trial if I don't like the arbitrator's response so I am not too concerned or should I be? Does anyone have a sample Defendant's arbitration brief to share?...A copy of Plaintiff's brief is attached... I am also preparing my motion to strike, motion in limine and request for summary judgment for failure to state a claim once arb is done I didn't know to do this a year ago.  They also sent junk and no precise chain of title/assignment...same game just a different player.  Please let me know if you have any issues thoughts or concerns. 

     

    "My meet and confer letter is attached here is there response:

    Dear Ms. XXXX:

     

    1. The meet and confer code section you reference does not apply to the issues you have presented.  That code section addresses issues with discovery responses.  My office last provided discovery responses to you in February.  The deadline bring a motion with regard to any issues you had with those responses has long passed.

     

    1. The court has referred this matter to arbitration and expects the arbitration completed within a reasonable time.  Plaintiff intends to go forward with the arbitration as ordered by the court.

     

     

    1. Plaintiff believes its form complaint sufficiently pleads a cause of action.  If you do not agree, then it is up to you to determine what steps you should be taking.

     

    1. Plaintiff believes it has submitted sufficient evidence in its declaration to support entry of judgment.  If you do not agree, then again, it is up to you to determine how to address that.

     

    1. Plaintiff’s declaration is being used pursuant to the California Rules of Court for use of declarations at an Arbitration.  The Code of Civil Procedure rules regarding use of a declaration at trial do not apply to an arbitration.

     

    Plaintiff disagrees with your position and contentions and will vigorously any and all of the baseless motions you claim you will file.

     

    Sincerely.

     

    Flint Zide

     

    lvnv.doc

    lvnv brief.pdf

    By the way I did seek to find legal counsel (defense counsel and consumer attorneys in my area) but none would take my case because the amount they are suing me for is so low (they said they would not feel right billing me $250.00 per hour for a $1700.00 claim) SMH...OC Credit One and JDB LVNV Funding...

    declaration in lieu of testimony.pdf