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LoveIsPower last won the day on December 3 2020

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About LoveIsPower

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  1. Hi @dontwearmasks — were you able to file your proof of service successfully? I'm about to serve them (my MTC is scheduled for May 20 — plenty of time), but now I'm wondering what I need to file with the court, as far as POS requirements. I'm re-reading CCP 1290.4 and ... are we supposed to wait to file with the court until AFTER we've received our "green card" with the SIGNATURE of the person who received it?? Here it is: (b) (2) Service outside this State shall be made by mailing the copy of the petition and notice and other papers by registered or certified mail. Personal
  2. Hi @ticklemore — I've been meaning to post in depth about my Unlimited case but, to be honest, I've been procrastinating a bit. To answer your question — I won. I got them to dismiss the case with prejudice 3-weeks before trial. Honestly, everything went as clockwork. I don't want to sugarcoat it — it was time, energy, nerves, some stress, etc. — but nothing was surprising from them at all. And they ran the lawsuit like it was a regular ol' "limited" suit. The business model for these guys (the Junk Debt Buyers and their attorneys) is mostly a "lawsuit-by-numbers" thing. Most pe
  3. Congrats on getting your MTC Arbitration granted, @dontwearmasks! I'm about to start my Cali arbitration case. My very first one (I've only done the court route before). Out of curiosity, which MTC templates did you use? @NetworkEngineer's Thanks!
  4. @MouseRabbit !! So glad to hear this! And glad do hear thing are looking up! Thanks for chiming in! Your case is one that will help a lot of folks in the future! Happy Holidays! @LoveIsPower
  5. I second what @ConquestShaas said — keep us posted! It's always good to hear of California victories! There are many, but they still feel great! Especially good to see their bs attempts at a settlement —just to see if you know what you're doing. Once they realize you do ... they tend to settle. @NetworkEngineer also had a good Cali arbitration thread. Just in case you're looking for more info.
  6. In Limited cases there is a limit of 35 discovery items. It's not so much as the number of times they ask for discovery, but the amount of discovery items they ask for. And, also, there is a timeline for when to ask for discovery that includes deadlines. I'll attach a couple of documents below that may be helpful. Also, even though your trial is a year from now, you have to keep a close watch on dates and deadlines. Especially as it gets close to the trial date. 45 days before trial you MUST send out a CCP 96 request. Here is a pinned post from @calawyer with some VERY helpful i
  7. There may be a penalty for the lawyer/plaintiff if you complain to the judge. I haven't seen any strong consequences (if at all) in the forums. In some of my cases they never bothered to file a CMC-110, but still showed up to the Case Management Conference. Or if they filed it, they did it the same day ('cause I never got it beforehand). It wasn't a big deal to the judge. The CMC is such a "formality" with these cases (in my experience). It's been just an appearance to set a trial date. What do you think, @RyanEX ?
  8. I'm 99.9% sure that SSDI cannot be garnished by a creditor (only by the federal government for back taxes or SS overpayments, etc.). So by you letting them know that this is your only source of income it may incentivize them to dismiss. Then again, you may not hear anything for a while and/or you may not get an early offer to dismiss. These law firms representing JDB's or OC's in these suits are generally overwhelmed with cases and are on a paint-by-number work schedule. So, just keep doing what you're doing. You have over a year until trial. If you plan your calendar well, check all
  9. Congrats @kcoble24!! This is a total win! Hope you get your costs back! 🥳
  10. Hey @NetworkEngineer! I know this happened some months back, and with this COVID thing I'm now catching up on some emails — I just wanted to say CONGRATULATIONS!! Glad the arbitration route is working in Cali!! 🥳
  11. Why not send a personal message (PM) to @NetworkEngineer and @fisthardcheese at the same time? A lot of members give more detailed help on PM's. Especially if it is sensitive info that we don't want posted publicly. Go to the little "envelope" on the upper right (to the left of your name), click "compose new," and in the "to" field type their names in (without the @ sign). Their names will pop up and then you can message with them direcly.
  12. Try here: This is @NetworkEngineer's thread (read it from the beginning). He is currently pursuing arbitration in California and he just got his MTC (Motion to Compel) Arbitration granted not long ago. He posted his documents on the last post.
  13. Agree 100%! If for some reason arbitration doesn’t work out, then the regular court/trial route is working like gangbusters for us in California. @Harry Seaward post above (#2) has the main link for the arbitration info. It’s @fisthardcheese’s quite brilliant breakdown. Also @NetworkEngineer is going through arbitration in Cali right now and can give you some great guidance. If you are quite serious about hiring a lawyer in California (or at least talking to one), I keep seeing Ian Choudhury’s name on the forums. I know of two contributors who have used him and gotten dismiss
  14. Agree 100%. This is a decision that, obviously, no one can make for you. If you feel like you really don't have the time or energy to fight this through arbitration or court, then it is a good idea to think about settling if you can afford to do so. With that said ... you must know that if you decide to fight, you have a good chance in getting a dismissal -- especially in California, which is a very "consumer friendly" state. (NOTHNG IS GUARANTEED, but, read on ...) It is important to understand that the business model of the JDB (junk debt buyers) is based on a "numbers game":