MouseRabbit

Members
  • Content Count

    38
  • Joined

  • Last visited

  • Days Won

    2

Posts posted by MouseRabbit

  1. One year later:

    as an update, I did not file and serve a Memorandum of Costs (MC-010) to re-coup the money I lost. I was working so much that I chose to just move on and accept the nominal loss of money with the whole of the experience. 

    I did, however, twice file a claim dispute with transunion after the case was dismissed. The first time was unsuccessful but the second dispute worked and the default was scrubbed from my credit score with the other credit agencies scrubbing it as well.

    I'm happy to say that I am feeling so much better (still out of debt and my credit score is no longer a worry) and I am soooooo grateful to the members of this community for their help. THANK YOU.

    Best of luck to everyone.

     

     

     

     

     

     

     

    • Like 2
  2. Thank you so much @LoveIsPower

    I did celebrate a little but it still has not hit me that this is over! Almost a whole year of waiting and living with anxiety over this.

    I cannot say enough how grateful I am that you and others are here sharing this information and listening to the details of my questions and providing useful responses. 

    While Citibank certainly has predatory practices ie they're hoping to snare people into high interest credit card debt, it's strange to me how they didn't give me any viable options to catch up in payments - I'd probably still be making the monthly minimum payments to this day - which is what they want. I had 2 other credit cards open at the time I missed a payment on Citibank and I managed to retain and continue use of both those accounts today.

    So I'm just curious - is there an insurance payment Citibank collects for selling off a defaulted loan to a jdb? If they sold it though, you can't collect insurance off it can you(?) 

    Any answers we have on this would only be speculation - but each day at that single courthouse there are 40 to 50 small claims collections trials - 70% to 80% being filed by JDBs like Cavalry. I'm just baffled by the inefficiency - a lot of the cases get pushed back over and over to the point where the Court's calendar is clogged. Now that my skin is out of the game, so to speak, I just have to sit here and marvel at this machine that is here to grind out a profit by using the fear of "court ordered wage garnishment" to get people to pay debts to discount debt-buyers.

    I was willing to pay back Citibank. I had them on the phone many times and I was also a 10+ year customer with a spotless history of making my payments on time. Had they been more flexible in their handling of missed payments - they'd have continued to harvest that high-interest off me. But instead, they rolled me up into an account with thousands of others and fed us to this bottomfeeder JDB who willingly clog up the courts to turn a profit. 

    I was lucky enough to escape wage garnishment but I did pay court filing fees, printing fees, mailing fees, and suffering in the form of anxiety and sleeplessness and having to shamefully explain to people why I needed them to sign a POS and other stuff. Also, parking at Chatsworth courthouse is a scam all its own.

    Thanks for letting me vent to you - I know I'm preaching to the choir. But damn, it seems to me that there's no redeeming qualities to JDBs - or maybe just the practices they currently employ - How is it that they can still exist?

  3. Thanks for the interest - I definitely owe this community a follow up!

    I took your advice, @LoveIsPower , and called the plaintiffs law firm, Mandarich Law, but never got thru. The gatekeeper just said she'd take a message for me. I called twice on Monday and then once on Wednesday (trial date was Friday). I was also extremely busy with work so it was tough to find the time with so many other things needing attention. I'm a costume designer / wardrobe stylist for commercials and this time if year gets very, very busy for me and then dries up at the beginning of the new year so I have to take as many gigs as I can get and juggle them. So I kept checking the status of my case and it remained "pending". 

    Two weeks before I had gone to the courthouse to see some trials and noticed a lot of dismissals happening - these dismissals were different than the ones I had seen before - it was people showing up and being informed that their case was dismissed. This was new - people being told "dismissal" as a surprise. Something seemed different, so I just told myself it was gonna be okay - maybe Cavalry and Mandarich Law are having a falling out(?) I thought.  

    During the 11 months I awaited my trial dated, I had gone to the courthouse a total of 6 times to see trials because I wanted to see someone give an objection (never saw even one) and I also wanted to see if anyone else was defending their case with a similar strategy to what's proscribed on this forum (never saw any of that either). 

    Night before my trial, I printed out some of the materials shared from this forum but I was so tired I didn't really study it - I justified it in my mind by thinking "this is not a trial brief but during the meet and confer, I can brandish this stack of papers and make them believe that it's a trial brief so they back down." I was really tired...

    I also knew that I would always be referring to the debt as "the alleged debt" and object, object, object. 

    In the case that the judge did somehow allow any of their evidence in - I noticed that their ID# for my alleged account was inconsistent across 2 documents - it's a 20 digit ID# that is a combo of numbers and letters and the last 2 digits were different on 2 pages. And then there was a 3rd page where they messed up on their formatting of a table and cut off the last 2 digits of this ID# - or maybe that was intentional? So I knew that I'd be able to show that to the judge and it might be enough to have reasonable doubt.

    I showed up to the court and met their rent-a-lawyer. She was very friendly and said "we are dismissing this with prejudice - you really didn't have to show up, but I guess if I were you, I would've showed up too. You're free to go, I already let the court secretary know." 

    So I left. I had to be on set at a commercial and I was getting sent texts about technical issues.

    I checked the case summary online and it confirms the case was dismissed but it says "dismissal without prejudice"  - they told me they would dismiss WITH prejudice. Either way it is now well after the SOL so I don't think I'll worry.

    I hope this information is helpful to anyone in need of help or reassurance. I'm glad that I never had to appear in front of the judge. I really wasn't ready to be honest. But I don't I would've ever got this far without the help I received here. Also, I asked my father if he'd be able to help me with this early on - he did one night of research and concluded that I should just reach out to the jdb and give them whatever they want rather than go to court and end up with legal fees. I'm so lucky I found this place and that you are here.

    Okay  - so can I dispute the collections on my credit report now?

     

     

    • Like 3
  4. THANK YOU @LoveIsPower @sadinca @RyanEX @1stStep and all of you other hardworking and special people who voiced support or were here in this community. 

    I am so grateful for the positive attitudes and vibes shared with me towards winning this case and for helping be part of vanquishing these bloodsucking JDB who wield the power of the judicial system as an extortion racket.

    Thank you @sadinca for taking the time to supply an excellent example of how to answer discovery and for the documents you have shared.

    Thank you @LoveIsPower for the encouragement, links, documents and sharing your opinion.

    Thank you @RyanEX for the answers and opinions. 

    To others in California that have read this far - you can do this!

    • Like 2
  5. Okay, so I got a phone call today from the law firm that was handling the case for Cavalry SPV I - they said they got my Meet and Confer letter and there is no need for me to file the objection(MIL) as they intend to dismiss the case with prejudice.

    I asked if I could get that in writing and the lawyer said that they are already working on communicating it to the courthouse - in other words - not right now or ever. 

    My trial date is the 22nd - I will keep checking my status for dismissal but I'll plan to show up just in case.

    Something I noticed about the documents they sent in response to my BOP - the photocopy they sent of the alleged bill of sale showed an account number for the batch of junk debt accounts that my alleged account was part of - but that number was inconsistent across 2 documents and in one document, they had that number in a table but the last 2 digits were cut off because they didn't size the table wide enough. Maybe pointing that would've been enough to show reasonable doubt. 

  6. Guys, thanks so much for all the advice - I may be really, really dumb or just tired - but I can't figure out my local court's rules for MILs? It's Chatsworth. I'm looking at the "Local Court Rules" on their website and to me it looks like 5 days - under "3.25(f)1"... guys? I'm sorry, I've been on 14hr days at work.

    Thank you for all the example files - I don't know where I'd be without all this help and positive instruction.

  7. Thank you for the encouragement @LoveIsPower !

    I guess I am just somewhat worried that the judge will ask why I didn't further pursue if I found their BOP "unsatisfactory". 

    Wondering if there is just meant to be more due diligence on my part. Then again, as plaintiffs, it is their burden to prove their case not mine.

    "Your Honor, My BOP clearly asked for everything they had - I don't see a reason for them to have withheld anything at all. As I see it, they sent me some credit card statements that I can't verify and an alleged affidavit that can't act as a witness and is therefore hearsay. It would make more sense that I see them and their witness in Court."

    Does that seem a little bit glib or disrespectful of the court? After all, I did pay my court fees.

     

  8. okay doing a bit more reading on this forum and i am starting to feel like I've made a mistake -

    They responded to my BOP a few months back but I never made any Requests for Production or sent any further requests for complete BOP, nor did I do a Meet and Confer request or file any motions yet.

    I believe I may still have time(?) if those are absolutely needed -- (?)

     I have just laid low with the expectation that I will CCP 96, subpoena their witness, file MIL and then object, object, object in court.

  9. Okay @LoveIsPower also that post by @calawyer you posted a helpful link to the LA Courtdate Calculator - I did not realize that they go by that! According to that, I am currently in my CCP 96 window(!) Obviously, I will be sending that off ASAP unless I understand the calculator incorrectly as today is the 1st of October and my trial is scheduled for near the end of November. Again, thank you for this info!

     

  10. @LoveIsPower wow, thank you sooo much for that post. I had a question - you said to:

    "45 days before the day of the trial, you will send a DISC-015 FORM pertaining to CCP 96. The CCP 96 (through the DISC-015) makes the JDB disclose everything they intend to use in court"

    I still have a bit of time to meet this, however I am curious as to why 45 days? I was under the impression that the window in which to send a CCP 96 was "35 to 20" days before courtdate. I believe I read that sending the CCP 96 any earlier than 35 days makes it ignorable by the afiant.

     

  11. Coming closer now to the 35 to 20 days before trial and I am gonna start brushing up on all of this and sent my CCP 96 out on time. 

    I have a question - so back about 8 months ago they did send a response to my BOP, however it was insufficient to what I had demanded. Its contents were: 

    1. "Plaintiff's Response to Defendant's Demand for Bill of Particulars" dated a week late of their 20 day response window. Also I don't see "I certify (or declare) under penalty of perjury under the laws of the State of California that the foregoing
    is true and correct" on here.

    2. An undated APR data table and Card Agreement Guide - there appears to be, in the margin of these, the last 4 digits of the credit card number and name.

    3. Transaction history of account - a one page document stating a balance, a date and the account number the jdb created in reference to the creditcard account number. 

    4. Their original letter addressed to me stating that jdb have purchased the outstanding account and intend to collect. This is my first time seeing this letter as I was not living at that address when it was sent.

    5. An untitled document with a table of data related to the account (last statement date, last payment date) this is possibly part of document #3 but these pages are not numbered and I've kept them in the order they were stacked in.

    6. "Bill of Sale and Assignment" 3 pages - 1st is a letter signed by someone from the original creditor - however it is in reference to a bulk file and the data within the file. 2nd page is a with the quantity of accounts and sale price blacked out - it has consistent header to first page (the sale ID#). 3rd page is presumably a printout of the data from within that bulk file - it shows details of the account they're collecting.

    7. 12 months of statements

    8. Proof of Service - again showing they missed the 20 days to respond

     

    I'm wondering what is my move in regards to the BOP response? Do I send a MIL because they didn't respond in time and didn't verify the response? Or do I include that in my Trial Brief closer to the courtdate?

     

    Thanks guys

  12. Hi everyone, 

    • Just checked the status of my case - still "Pending".
    • Court date is set for November (4ish months from now)
    • Still haven't received a response to my BOP
    • Responded to their Request for Admissions, Documents and Special Interrogatories back in Feb (5 months)
    • Haven't heard anything from them since those requests were issued
    • I'm not going to do any discovery requests -
    • I'm just going to stay silent til I can subpoena their witness and expect that witness will be no-show

     

     

     

    • Like 2
  13. Re: BOP Demand - they didn't include any objections.

    Re: Causes of Action  -

    First Cause (Account Stated) - within past 4 years, an account was stated in writing in which it was agreed that defendant was indebted in the amount previously referenced herein. Although demand has been made upon defendant, said amount has not been paid, is now due, owing and unpaid from defendant to plaintiff, as successor in interest.

    Second Cause (Open Book Account) - within past 4 years, defendant became indebted in the amount of the previously mentioned herein for a balance due on a book account for goods sold and delivered and or services rendered by Citibank NA. Although demand has been made upon defendant, said amount has not been paid, and is now due, owing and unpaid including attorney's fees from defendant to plaintiff as successor in interest.

  14. 14 minutes ago, sadinca said:

    so they didn't object to any part of your request, they simply mailed those documents and about 12 statements. 

    I'll check again when I get home but I don't recall anything that looked like an objection. There was a coversheet on numbered legal paper and it was followed by "exhibit a". I don't remember the exact language but pretty sure I didn't see any objection. 

  15. Deadline is Sunday for it to be in the mail but as they don't collect mail on Sunday, I guess I've gotta have it in there Saturday. Yikes! 

    No objections were in their response. 

    Why would it have been preferable to respond to discovery before they responded? 

    Working on reworking some answers I've seen. Been on this hectic work  project but I wanna post my answers here tonight to see your thoughts. Again, thanks for all the help SadinCa!