Lady Bug

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Everything posted by Lady Bug

  1. Hi all, I have a question about language with regard to discovery (Specifically, I'm working on the Defendants first request for the production of documents) in California. Specifically, CCP §2031.030 (a)(1) reads as follows: "a party demanding inspection, copying, testing, or sampling shall number each set of demands consecutively." why do they use the word "set."? Maybe you only have one demand (not a set), so I'm confused? More confusion: CCP §2031.030 (b) reads as follows: "in the first paragraph immediately below the title of the case, there shall appear the identity of the
  2. Hi all, with regard to my case, I noticed that the bill of sale does not mention my name or the account number for the alleged credit card debt? There are two black rectangular boxes which have blocked out some information. Furthermore, Comenity Bank is not the original credit card company, as stated in the complaint. (See Below document) Here's my question: in my "first request for production of documents" should I specifically ask for the non-redacted bill of sale and documents from the real original credit card company? I also noticed that the "affidavit of sale by original credi
  3. Thanks, that makes me feel better. Did you just wait until they sent you the request or did you send a request to them before hand?
  4. Hi all, I finally received papers from the court and a trial is set for January. I'm a little confused as to how to proceed because M*dland has not started the discovery process yet. In fact, I haven't heard anything from them since they denied my Bill of Particulars last winter. The corresponding address is still their headquarters in San Diego and the same attorney I've been dealing with is still listed as the corresponding Attorney, so they haven't assigned the case to anybody local just yet. So my question is how do I proceed? Should I start the discovery process mys
  5. Okay, great. I'll definitely give me a call. Thanks so much!
  6. Whoops, Chowdhury is, unfortunately, in Anaheim, which is about 6 hours (drive) south of San Jose. Need someone in San Jose (70 miles south of San Francisco). Any other ideas?
  7. thanks so much for the quick reply. I really appreciate that!
  8. Hi, Does anyone know a good attorney in the San Jose, CA area? Thinking about letting a pro handle my case. Fight is with Midland. Thanks in advance! LadyBug
  9. I understand. <<<Let plaintiff object>>>. Does that mean I should file it anyway and then let them object?
  10. Thank you for your quick reply! You're awesome! What is the "OC?" Where you given me a link to that? How can you tell he is PRO JDB? I think your message got cut off, because it only said "the judge you mentioned may be the one and only...." That's all I got. Thanks again for all your help!
  11. I apologize (this is my last chance to work on this before I found my answer). I would like to attach a few alternative defenses to my answer. I'm scared that if I don't raise them in the answer, I may lose the right raise them at a later date. #1) their first written communication with me looks to be full of violations in accord with 1788.52(d). QUESTION: which alternative defense would this come under? #2) because my identity has been stolen (I have proof of this), I would like to leave that open as a defense. QUESTION: which alternative defense would this come under? #3
  12. I'm sorry, one more question: I'm going to start working on my demand for a Bill of Particulars, and just read online that a Bill of Particulars is only available for actions that are on "an account." The first page of the complaint states that, under "complaint for:" "(1) account stated." There are 31 paragraphs listed under that. And that is it. Under "on the first cause of action:" there are three paragraphs: unpaid balance, costs of suit, and "such other relief as the court may deem just and proper." And that is the end of the complaint. Next come the exhibits. QU
  13. I think I may have answered my own question. I googled him and says that he is a nonpartisan judge of the superior court of Santa Clara California and won [the] election outright in the primary on June 5, 2018. So I would think he is a "real judge," but doesn't have much experience. Am I reading this correctly? Thanks again!
  14. Hi again, I have one more question. I noticed that the judge assigned to this case is called a "case management judge." Is that a "real" judge? I read in this form that it's probably best to have your case heard by a real judge and that I could make a motion for this to happen. Anybody have any idea on this?
  15. COULD THIS COMPLAINT BE CERTIFIED? Although I've read that these JDB complaints are virtually never certified, after reading through this 40 page document, I did discover this document attached: CERTIFICATE OF CONFORMITY STATE OF UTAH CITY OF SALT LAKE the undersigned does hereby certify that he/she is an attorney-at-law duly admitted to practice in the state of Utah as a residence ofXXXX County of Utah; that he/she is a person duly qualified to make this certificate of conformity. That the foregoing acknowledgment by XXXXXXXX named in the foregoing instrument taken by XXXX
  16. Thanks so much for your answers. What if I wanted to muddy the waters by throwing in identity fraud. I do have a police report and I have copies of the fake check, and bank account notices from two different banks where they successfully opened up accounts and tried to get some money in there. Although this happened just last month. Couldn't I ask for records from Midland and when they deny them, couldn't that be possibly a grounds for appeal (I'm thinking ahead)? Or is that burden of proof entirely on me. I mean what I have to request copies of all my statements from bank B and bank A?
  17. I tried to PM you. Just FYI, I'm heading into work now, so I probably won't be checking my emails until later this evening. Thanks again for all your help.
  18. thank you so much. Absolutely if I can figure out how to do it.
  19. Another question, if you please: With what you know so far, do you think I stand a decent chance of at least being able to negotiate this down to, for example, $3500. I've spoken with a couple of attorneys who both would take the case. One wants $3500 with no guarantees. The other wants $650 +25% of whatever money he gets taken off the account. Just by speaking with the supervisor in their claims department (I wasn't allowed to talk to the attorney), I was able to get it down to $6500. Just trying to figure out the best way to mitigate this alleged debt. And of course I know you're not
  20. May ask another question please: with regard to requesting documents, what is the difference between "Bill of Particulars" request, versus just sending a request of documents per section 454, besides the latter gives the plaintiff 10 days and the former gives the plane of 30 days? I mean is there a ventricular strategy involved here? Thanks again!
  21. Okay, Great! Thanks again for your extraordinary generosity! I do have one question for you, if you don't mind. You said this in your very first post on this thread: <<<Read this thread by Coltfan. It really helps us understand standing since it's the key to a JDB case, or any court case. This is how you take apart the JDB's case by making them prove they have standing to sue. Guess what, they usually can't.>>> Unfortunately, when I click on that link it just takes me to the page that lists all the different forms. I've looked for the thread but I'm not sure
  22. Thanks again so much! Here's another question for you: just recently I have learned someone has stolen my identity and been opening up bank accounts under my name and then putting phony checks into the bank accounts and trying to collect money. In the worst case, they actually started a wire transfer from my current bank and try to wire money into the phony bank account. Luckily my alarms went off and I discovered the evildoing and put a stop to it. I had to file a police report and put an alert on my name at the credit bureaus. QUESTION: is there any way I can use this to really get an i
  23. Wow! Thank you for the quick response. Let me answer some of your questions. There was no second cause of action listed. With regard to the answer, does it seem reasonable just to file that stock PLD-C-010 form and deny everything, which should give me a little more time to work on my alternative defenses. I'm pretty sure the complaint is not verified (there was no statement at the end under penalty of perjury claiming verification). And with regard to the BOP, could I just use the one that is available at ? I'm sure with a little work I can figure o
  24. <<<California Civil Procedure 1788.52 : (b) A debt buyer shall not make any written statement to a debtor in an attempt to collect a consumer debt unless the debt buyer has access to a copy of a contract or other document evidencing the debtor s agreement to the debt. If the claim is based on debt for which no signed contract or agreement exists, the debt buyer shall have access to a copy of a document provided to the debtor while the account was active, demonstrating that the debt was incurred by the debtor. For a revolving credit account, the most recent monthly statement recording