LoveIsPower

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Everything posted by LoveIsPower

  1. 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.
  2. 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.
  3. 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 dismissals. I cannot vouch for him because I have never used his services, let alone talk to him, but, if I am not mistaken @calawyer has recommended him before. Here is his website: https://californiacollectiondefense.com/ Again, I have never used his services, so I cannot vouch for him. But, I am sure, if you do a forum search you’ll see his name pop up. You can then talk to the contributors who have used his services. Keep us posted!
  4. 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": - MOST people don't do anything at all after they are sued (usually because they are scared/stressed/in bad mental & emotional places in life), so the JDB's end up with a "default judgment" in their favor and collecting all the money they sued for by garnishing wages, etc. - Most people are not lawyers/cannot afford lawyers/do not have access to the law/are overwhelmed about the law/are not educated enough about their rights ... so when they try to fight the lawsuit, they are easily scared/bamboozled into settling. Because of this, the JDB's know that if they sue enough people (the "numbers game") they will keep turning a HUGE profit. In general, "Business" is about spending your resources (money, people, time, energy, etc.) on what is most profitable to you. - Those very, VERY FEW who fight back while knowing what they are doing, are not worth their time and energy ... - ... Why would they be? When they can spend their resources on those who are truly profitable: the overwhelming majority who don't fight, or don't know what they are doing. Hence ... all the dismissals. Because this, like any business model, is about maximizing profits. IN CALIFORNIA (the only state in which I have any experience whatsoever), it has been the experience in the forums -- especially since the CCP 98 ruling of the Supreme Court of California last year -- Meza v. Portfolio Recovery Assocs., LLC, No. S242799, 2019 WL 641517, *12 (Cal. Feb. 15, 2019) -- that the JDB's prefer to dismiss the lawsuits before they get to court. As a matter of fact ... I'm not sure if I can remember an instance in almost a year where there has NOT been a dismissal by the JDBs. Maybe @RyanEX can chime in and correct me if I'm wrong. And that is with the regular "court route." For those who arbitrate (which I have no experience with), it is my understanding that they are almost all dismissals from the JDBs across the board. In this perhaps @fisthardcheese, @Harry Seaward, @Goody_Ouchless, or @BV80 can give you more accurate numbers. All of this to say that if you decide to fight, you have a good chance. Now, I am not a lawyer (MOST contributors to this forum are not lawyers), and NO ONE can guarantee you a dismissal. Not even a lawyer. And if you decide to fight, it is an investment of time and energy. You, and only you, know if you have that time and that energy. If you can afford a lawyer, that is always the best route to take. They can advise you in depth of all your options. But, if you decide to fight, the community here is dedicated (as non-legal volunteers) to guide you. Many of us found this forum because we were in your same shoes. We are here to pay forward the help that we received at one time in the past. All the best, @LoveIsPower
  5. @lolazu -- A few weeks ago I sent you (via PM) a few templates for MIL's to get you started ( @RyanEX is right -- it is best to call them "Objections" now a days in most counties -- you have to check the Riverside County Local Rules, just in case). Please work on those and if you need help reviewing them, post your questions so we can help you iron them out. Please do not wait until the last minute. I know the whole thing can seem overwhelming and scary, but putting things off and missing deadlines can truly hurt your case. What did they the clerk tell you about deadlines for Objections/MILs? By how many days did you miss the deadline?
  6. Yeah, Riverside county has some weird -- ahem ... different -- rules and quirks. This is why it's important that you are well versed as to your local court rules. You already downloaded a copy from the Riverside county courthouse, right @lolazu?
  7. Hi @lolazu -- I'm going to ask @RyanEX to step in and offer some advice. He is one of our most trusted California contributors. Just remember that every state has different laws, systems, and steps to take. California is, admittedly, very consumer friendly, but you must be careful to take the right steps. I know we've had some conversations in your other thread, although, as you've said so before, you came at this a little late, and thus missed a few windows and useful tools. Now that you have a continuance, you may be able to use some of those tools again (like the CCP 96 request that we talked about before). @Harry Seaward -- the Motion in Limine/Objection in this case was to object formally that the Plaintiff had not presented a CCP 98 affidavit in lieu of live testimony, thus they had to bring a live witness in order to authenticate the few hearsay documents that they had provided. In this case @lolazu missed the window for the CCP 96 request of her own, so we were flying a little blind. It was recommended that she make a formal on the record objection with the MIL/Objection, but she missed that window also.
  8. Hi @PleaseHelpConfused! Glad that you found the board! You are in great hands! The arbitration strategy is shown in amazing detail here: Hopefully @fisthardcheese can chime in and answer your question regarding "arbitration in California" and whether in California you have to do something specific after you submit your Answer/General denial, if you have to write down something specific in your General Denial, or if you already submitted your Answer/General denial, if you can amend it to include the arbitration statement. Here is another thread. This one is by @NetworkEngineer, who is currently pursuing arbitration in California. Perhaps he can chime in also. I keep hearing that arbitration is a lot easier than the regular "court" route, so it is definitely worth a shot. All my experience is through the regular route. I am sure some of our regular experts can give you some guidance!
  9. First of all -- congratz on this, @NetworkEngineer! Also being in LA County, I'm following your case and cheering you on! This will be great! It will help many that will come after you. We all appreciate it! Thanks! I'd love to have @fisthardcheese weigh in on this. Maybe he can guide you to how to use this law so you don't have to pay any fees. Or it could be like @Harry Seaward said, where you can recoup your fees after it's all done.
  10. LoveIsPower

    Thank you

    Somehow I just saw this post -- but I wanted to say, again, THANK YOU @sadinca!! You helped me and countless others win!! You have paid it forward a thousand+ times over!! Thank you for all you have done all these years! You will be greatly missed!! Best to you and your family!! Onwards and upwards!! @LoveIsPower
  11. You got it! Again, such is life -- it it makes money, someone will be out there making money on it! The JDB "litigate-by-numbers" business model makes TONS of money!!! The percentage of people who go to the trouble to fight back must be TINY!!! And the percentage of those who do it the right way must be TINIER still. It's a numbers game! They don't even bother with the people who have a clue. There is too much money to be made with those who don't!! That's why there are so many California dismissals in the forum lately! Just a numbers game! 🤪 Congratz, again!! You beat them at their own game!! 🥳
  12. I used to know this. I think there is some type of IRS write off that they do. Yep -- it is, as you say, a machine to be marveled at. And a business model that PAYS!! And PAYS WELL!! 💰 If not, it would not exist. Thankfully, in California, we have resources and the law more on our side. There is a way to get some of your money back!! I'll let @RyanEX chime in here, since he is a bit more familiar on this process. Although I will cut and paste something he said recently to someone we were helping (hope you don't mind, @RyanEX) ------- "Absolutely (you can still claim costs even though it is a dismissal without prejudice), code below. Once your court generates the notice of entry (for the dismissal - keep an eye on your online case file and your mail) you have 15 days to file a memorandum of costs (MC-010). They get time to dispute it (most likely they won't), then you can send a nice letter requesting the check. Usually you'll get it at that point, with minimal effort. If they don't send, you can go back to court to simply file for a judgment... very unlikely that they ignore that. www.leginfo.ca.gov/cgi-bin/displaycode?section=ccp&group=01001-02000&file=1021-1038 1032 (a) As used in this section, unless the context clearly requires otherwise: (1) "Complaint" includes a cross-complaint. (2) "Defendant" includes a cross-defendant or a person against whom a complaint is filed. (3) "Plaintiff" includes a cross-complainant or a party who files a complaint in intervention. (4) "Prevailing party" includes the party with a net monetary recovery, a defendant in whose favor a dismissal is entered, a defendant where neither plaintiff nor defendant obtains any relief, and a defendant as against those plaintiffs who do not recover any relief against that defendant. When any party recovers other than monetary relief and in situations other than as specified, the "prevailing party" shall be as determined by the court, and under those circumstances, the court, in its discretion, may allow costs or not and, if allowed may apportion costs between the parties on the same or adverse sides pursuant to rules adopted under Section 1034. ( Except as otherwise expressly provided by statute, a prevailing party is entitled as a matter of right to recover costs in any action or proceeding. © Nothing in this section shall prohibit parties from stipulating to alternative procedures for awarding costs in the litigation pursuant to rules adopted under Section 1034. First step is to "file and serve a Memoradum of Costs (MC-010) within 15 days after the date of mailing of the notice of entry of judgment or dismissal by the clerk" > California Rules of Court 3.1700. Fees that can be recovered are listed in CCP 1033.5. -------
  13. I agree 100% with what @RyanEX said. Plenty of OC wins in California. Plenty. But, it's important to go the route you're comfortable with. Just remember that California is a whole lot more consumer friendly than other states. As long as you do the work and don't miss deadlines. 😀
  14. I also have only done the regular trial route and never done arbitration. I am pretty curious about it, since so many people are getting great results with it! I'll be following your thread closely, @NetworkEngineer! Learn something new every day! Definitely curious! The regular trial route in California is working like a charm lately -- but arbitration may be a whoooole lot easier! Good luck! 🔥
  15. Well, now this merits a FULL CONGRATULATIONS, @MouseRabbit!! 🥳 And if this is well after the SOL, you're right, no need to worry! You're done! I hope you celebrated a bit! 😁 This is definitely interesting information. After the recent California Supreme Court decision on Meza vs. Portfolio Recovery Associates, it could be that the JDB's are realizing that winning in court will be too hard/cumbersome. We are definitely seeing a lot of California dismissals in the forum from awesome people, like yourself, who take the time to fight. Believe me, it will help!! Thank you for taking the time to reply with your update!! This is exactly at the core of the JDB's business model!!! That people will be too scared and/or overwhelmed to fight and they will just get an easy default or settlement. Glad you found the forum, too!! And, you're welcome!! It was such a relief to find this forum also. Glad I can pay it back a bit!! Again, congratulations, @MouseRabbit!! 🥳
  16. Well, first of all, I think a (mild) CONGRATULATIONS is in order! I'd give you the full congratz (🥳), but since you don't have anything in writing yet ... I'll hold off on that one for a few days 😁 Can't say I didn't see the dismissal coming, though. They had nothing and they know it. I had everything in signed and in writing and I STILL showed up to court. I didn't want to mess around because I kept on checking the status online and nothing was showing up. The day of the trial I went up to the main clerk's window and it showed that the dismissal had, in fact, been submitted by the plaintiff a week before and that it was already sent up to the specific department (judge's courtroom). I went up to the courtroom and spoke to the department's clerk who jumped on her computer to check the status. I had a printout of an email from the plaintiff's attorney saying that they had already filed the dismissal to the court, etc, and I showed it to her. She confirmed that the dismissal was there, made the official input on the department's system, and told me, "Ok, all done. You're good to go." I asked her, "That was a dismissal WITH prejudice, right?" She looked, smiled, and said, "Yep." I said, "thanks!" and went on my way. Didn't even talk to the rent-a-lawyer. I think there may be a way to call and talk to the clerk so you don't have to go all the way down to the courthouse, but I got crazy busy. Check online for your clerk's phone number, in case nothing shows online. Since your trial is the 22nd ... that means that TOMORROW is the "5 court days" deadline for submitting your objections (MILs), right? I'll be honest with you ... with the way their lawyers have handled this case (very sloppy and lackadaisical), I'd be wary of trusting them to file things on time. Many people will tell you straight out not to EVER trust the other lawyer, period. I totally understand why. I would call them first thing tomorrow and ask for something in writing and with a signature. I'm not a lawyer, so I'm not sure exactly what would be legally binding *** REMEMBER THIS: Right now you have them by the cojones. If they don't dismiss, this case is yours to lose ... if you don't object. So ... YOU MUST OBJECT. If you object, you're golden ... they have a barrel full of hearsay, and no affidavit or live witness to authenticate it. So ... they have nothing. BUT YOU MUST POINT THIS OUT. If you don't point this out ... If you don't object ... then you throw yourself (unnecessarily) at the mercy of the court. It's a crapshoot. Maybe the judge gets up on the wrong side that morning and ... whoops. And that would be pretty silly, since all you have to do is object, object, OBJECT. So ... if they won't give you something in writing and signed, then I would recommend that you go ahead and submit your objections (MILs) to the court and serve them to the plaintiff (you can even serve it to them via fax or email, if they agree to receive them that way). Listen, I really am not doubting that they will actually dismiss ... this is textbook in California. You played it right, they know you know your stuff, there is no use spending any more time/money on a losing cause, so they dismiss. But ... YOU MUST OBJECT. Again -- (mild) congrats!
  17. Very true! Again, check your local (county and department) court rules for how they prefer objections be submitted!! Some call it MIL’s. Some don’t. Go by YOUR local court rules. And remember, double and triple check those deadlines. AND ... ALSO ... sometimes the deadlines are in “court days” instead of “regular days” (not always, but sometimes they are — READ THOROUGHLY!!) In the case they are in “court days” and not regular days, here is LA County’s nifty “court day calculator.” It saved my bacon 🥓 once! https://www.lacourt.org/courtdatecalculator/ui/
  18. Here are a couple of MIL that may also help you. I forget exactly which thread this was. Since they can still introduce stuff that went through the discovery process (not sure exactly what you got), it could help to object to the fact that it is hearsay without a witness. I think one of the MIL's mentions that they didn't submit an Affidavit re: CCP 98, same as in your case, so they would need a live witness. These are, basically, telling the court, "they sent me this stuff, but they need a live witness." In your case it's even better, since they didn't respond to your CCP 96 request so ... they don't have a witness at all. (again, I am not an MIL expert ... other members may be able to help you a bit more once you modify your MIL's). MIL - STATEMENTS.docx MIL-BillofSale.docx
  19. A couple of lawyers on AVVO.com recommend MIL's. Take a look at this thread: https://www.avvo.com/legal-answers/no-response-to-ccp-96---what-is-my-recourse--1088769.html IMHO (not overconfident -- I do not like overconfident) ... if you present a killer MIL or two, you've got them. At trial they can still introduce what was exchanged through the discovery process, but ... that is all hearsay. They have to authenticate all that hearsay. There are two things they can present in order to authenticate all that hearsay: 1. An Affidavit in lieu of live testimony per CCP 98 ... which they did not submit 30 days before trial. So that option is off the table. 2. A witness from the OC. Since they did not even respond to your CCP 96 request ... well ... they don't have a witness. So ... 😉 Now, I'm not saying go crack open the bottle of champagne just yet! You still have to OBJECT! 'Cause if you don't object, they may try some BS the day of trial, like bringing an affidavit or a witness! In this "litigate-by-numbers" business model they are hoping you don't know the law. So, you MUST OBJECT! To borrow the line from the first lawyer in the AVVO thread, "It looks like you have them on the ropes."
  20. I'll be honest ... if it was me, I would prepare a Motion in Limine objecting to any evidence/witnesses they may want to present since they failed to comply to CCP 96. I like to OBJECT FORMALLY and IN WRITING. CYA in case of an appeal. But (not to sound overconfident -- I do not like overconfident), this sounds like the traditional "litigate-by-numbers/hope you don't know what you're doing," case. I mean ... they didn't send you a CCP 98? AND they didn't respond to your CCP 96 request!? Really!? I mean ... really? 😂 What do they expect to come to court with!? 😂 Here is a sample of a MIL that @sadinca left for me. I think you can edit/adjust this one: (admittedly, I am not a MIL expert -- there are much more experienced members that can help you in this area) MIL No 2 Sample - Evidence or Witnesses Not Named.docx Not sure where you are, @MouseRabbit. Check your local court rules for the timelines/deadlines as to WHEN to submit MIL's to the court and serve them to the plaintiff. (and make sure to check your LOCAL-LOCAL department court rules, as they may be different than your Local County Court rules. For example, my county court rules deadline for MIL was 5-days before trial ... my judge's department court rules were 10-days before trial). REMEMBER THE DEADLINE APPLIES TO SERVING THE PLAINTIFF ALSO, so double and triple check that calendar. And send everything CMRR, as always.
  21. @Harry Seaward ... I'm with you. I agree! I wasn't talking about every single post. I was referring to THIS discussion, about THESE specific articles from The Shriver Center on Poverty Law written in 2010 and 2012. We're good!
  22. Ahhh! Much, much better! "Dangerous" is a word that definitely applies here! Thank you, @Goody_Ouchless!!
  23. Wow @BV80!! Your post is a GOLDMINE!! I don't even know where to start! This is going to be INCREDIBLY HELPFUL for current and future visitors to the site!! Now THIS is what I call a useful contribution in a pinned thread!! Thank you!! Being in California, I can 100% attest to this! Not only in my case, but of those of the fine folks I have given some assistance. Amazing! Had no idea the percentage was that high. This is why I've always told people to look at arbitration. I've never used it, but I knew it was very successful. Agree 100%!! IMHO this is what makes this forum great! Again, brilliant @BV80! I'm laughing to myself because I'm wondering why I even replied! 😂 I agree with everything you've said and think your post is unbelievably helpful -- from top to bottom! All I can say, again, is ... THANK YOU! Many, many people are going to benefit from it!