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LoveIsPower

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LoveIsPower last won the day on December 3 2020

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  1. Do you mean your MTC got stayed? I have my MTC Arbitration hearing at the end of May.
  2. Thanks, @dontwearmasks! This is exactly what I did. I filed the POS with the receipt of mailing. The clerk never batted an eye. I already got the RR "green card" back, in case it comes up. Congrats on your MTC being granted! How was the MTC hearing?
  3. 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 service is the equivalent of such service by mail. Proof of service by mail shall be made by affidavit showing such mailing together with the return receipt of the United States Post Office bearing the signature of the person on whom service was made. Notwithstanding any other provision of this title, if service is made in the manner provided in this paragraph, the petition may not be heard until at least 30 days after the date of such service. Did you wait to get the card with the signature?
  4. 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 people don't fight (and by most, I mean in the 90th percentile), so they get a lot of default judgments. A lot of low hanging fruit. California is a very consumer-friendly state, so fighting all the way to trial here is rarely worth it for them when they encounter someone who has all their ducks in a row and knows what they're doing. We are lucky in that regard. Obviously I went the "regular trial" route on this one, as opposed to arbitration (actually, I'm in the beginning stages of an arbitration case now — my very first one). With an Unlimited case there are a few more things to pay attention to, since we don't have the option to use some of the tools that the Limited cases have (like using CCP 96 with the easy to fill out form DISC-015 in order to get their list of evidence and witnesses 45 days before trial ... This means you have to get this information from them through "regular discovery" instead — sorry, I don't mean to overwhelm you, it's just an example). Anyway, hope I can be of some help. If you decide to go the "regular trial route" be ready to put in some work. But know that you can win. *** Here is where I insert my caveat and say that I AM NOT A LAWYER and that NO ONE CAN GUARANTEE YOU A WIN/DISMISSAL ... NOT EVEN A LAWYER. But, if you can afford a lawyer, you should probably hire one. In this forum we're all volunteers and most of us are not lawyers. We're here lending a helping hand because someone in this forum helped us in the past and we're paying it forward. *** If you're interested in arbitration, check out @fisthardcheese's brilliant thread (link below). As a matter of fact, you should read this thread no matter what — you may realize that arbitration is best for your case. https://www.creditinfocenter.com/community/topic/329436-arbitration-overview-and-strategy-2018-most-up-to-date-info
  5. 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!
  6. @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
  7. 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.
  8. 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 information. There is a detailed breakdown by me in that post also. It's about the California Supreme Court ruling on CCP 98 (it's great for us consumers!): Read the whole thread. It will be well worth your time. Trust me. Hope that helps! See attached docs: California_Courts_Timesheet.pdf How-to-Conduct-Discovery-in-Limited-Civil-Case.pdf
  9. 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 ?
  10. 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 the boxes, dot all the i's and cross all your t's, you have a good chance to outlast them and have them dismiss near trial. I'm guessing you didn't go the arbitration route? Who's the original creditor? Target? I don't have any experience with them in California. You @RyanEX? Who is suing you? Which law firm — since you mentioned there was another law firm involved — Mandarich?
  11. Congrats @kcoble24!! This is a total win! Hope you get your costs back! 🥳
  12. 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!! 🥳
  13. 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.
  14. Try here: https://www.creditinfocenter.com/community/topic/331706-california-sued-by-calvary-court-vs-arbitration/?tab=comments#comment-1386967 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.
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