wakingupnow

Members
  • Content Count

    17
  • Joined

  • Last visited

Community Reputation

2 Neutral

About wakingupnow

  • Rank
    Member

Profile Fields

  • Location
    California

Recent Profile Visitors

The recent visitors block is disabled and is not being shown to other users.

  1. hi @RyanEX for sure a big thank you to you too. I could use pointers on the Memorandum of Costs, if you have any. Thanks in advance!!! The form, I've linked, and it looks like I have 15 days to get the form in per: https://www.courts.ca.gov/cms/rules/index.cfm?title=three&linkid=rule3_1700 Since my the docket had these entries, does that mean the clock started already? CASE DISMISSED WITH DISPOSITION OF REQUEST FOR DISMISSAL COMPLAINT (B&P 6322.1) DISPOSED WITH DISPOSITION OF REQUEST FOR DISMISSAL. REQUEST FOR DISMISSAL WITHOUT PREJUDICE - ENTIRE ACTION FILED BY PORTFOLIO RECOVERY ASSOCIATES, LLC
  2. Update: went in to court today (I wanted to be absolutely sure, and I was already pumped to go in since last week: appropriate clothing ironed, tie out, docs and mentally prepared) and I didn’t see the case on the screens. Went to the courtroom and saw the cases listed in paper and mine had a big red line through it along with “dismissed.” Most of the other motions on the board were to set aside judgements. Thanks to @fisthardcheese and @Harry Seaward, who selflessly provided information AND inspiration, those judgments were not me. I am eternally grateful for you sharing your experiences here. Thanks a million times over. I am glad they dismissed. I realize they can file again for about a year. I think they won’t (but they most certainly can in my case), but if they do, I’m going to file to get my fees back first so that they will know I’m an informed, feisty tiger who is riskier and more expensive for them. I will have my answer and motions ready to file. And I’ll be checking the court case search often, just in case. If I am honest, this doesn’t have to be scary, but it does take time. If you don’t want to go through it, consider settling your debts if you can afford it (I know many can’t because life happens), before they get to JDBs, if you can manage it. But if you find yourself here, it’s too late to think of any of that and it wastes time to ponder your discomfort or beat yourself up over it. We all did that, I’m sure. Accept it. Here is where you are. Running away or ignoring things will not work anymore. There’s no time to waste as you have work to do. Get your wits about you and dig in. Write that answer before 30 days. Don’t ignore vital deadlines. If you have an arb clause and are in an arb friendly state, consider that defense. It’s in your contract and you can fight for what you were forced to agree to in signing up for your CC. But be prepared to go the distance. I could have easily had to go longer to get a favorable result. Strangely enough, I like going to the courthouse now. Halfway considering law school late in life.
  3. hold the phone: am I understanding this correctly? Is my case really dismissed? @fisthardcheese @Harry Seaward please advise. I see three things on the docket online: CASE DISMISSED WITH DISPOSITION OF REQUEST FOR DISMISSAL COMPLAINT (B&P 6322.1) DISPOSED WITH DISPOSITION OF REQUEST FOR DISMISSAL. REQUEST FOR DISMISSAL WITHOUT PREJUDICE - ENTIRE ACTION FILED BY PORTFOLIO RECOVERY ASSOCIATES, LLC Do I still go to court?
  4. bump for anyone else who might have an answer this or the if I need to file a second case management statement?
  5. @fisthardcheese thanks again for this. New questions for the wise and selfless heroes here: I have my new hearing tomorrow, but I got mailed two new pieces: 1: a new case management statement from plaintiff attorney - only difference is this one has a box ticked for settlement conference and the time on docket is changed to same time as motion hearing - do I need to make a new CMC statement? I only have the original I filed. 2. Motion for order that matters in request for admission of truth of facts be admitted I think I made a mistake in how I responded to their discovery. I stated in my case management statement I (filed last month) object to discovery as I have a motion to compel arbitration and this was outside the court process How do I respond to this, or can I? Should I fill out answers to the interrogatories still as objection and hand it to the attorney tomorrow? The motion tomorrow is on the MTC. Their motion is scheduled to be heard next month, but I wonder if they will ask to hear that too, tomorrow. I found this on personal delivery: And this on the opposing filing paperwork: And mention of exhibits and a proposed order to deny motion I am, however, unclear on what my defense is in this motion if I made a procedural error by opposing in the original case management statement. Also, should I have this response ready for tomorrow, even though the motion tomorrow is on arbitration? Thanks ahead of time.
  6. update: continued until my hearing on the motion to compel arbitration. Slight bummer: motion hearing is in the morning, new case management same day in afternoon. No big deal. I'll bring my comp be productive in the in-between. Let me tell you about the case management conference for anyone doing this in California. It lasts about 1 minute and about 40 to 50 cases are called. Here is the interesting part: one lawyer was the attorney for over 50% of the plaintiffs. The attorney repped all the CC companies you could guess. It's all pretty formalized and fast. All were collection cases. I would imagine they are getting pretty specialized now. There might have been a few that just repped one or a few, but there was a specialist. I felt bad for the people I saw. Most just nodded when asked about the trial date that was set. The good news is they got plenty of time before the trial. The bad news is they just looked so sad, defeated or scared. If this is the state of America, there's a lot of these cases everywhere. A few asked questions, but didn't know how to file a motion or to refer any law or regulation where they could compel what they wanted from the plaintiffs. A few asked about settlement conferences or why they weren't contacted to meet for settlement offers. I get the feeling if you're in jaws of the machine that's the lawsuit, it waits for no one. Also, some plaintiffs didn't show, so they got trial dates set anyway, a plaintiff or two didn't show, so a special hearing was made for them where they'd have to show why their suits shouldn't be dismissed. A few had attorneys show up for them or phone in. I thought I heard (when an defendant's attorney asked) that settlement conferences were neither mandated nor automatically given. Anyway, I hope that helps anyone who is wondering what it might be like in Southern California. It's formal. It's clinical. It's not scary. But it's serious and if you don't know what you're doing down to the legal T, the case management conference is not the place to ask for help. Thanks to those on this forum for the guidance so far. Still standing up through it. Felt really good to have my paperwork in order. I'm enjoying the learning process and kind of like the hearings. I'm starting to get the law is logic, formality, and preparation.
  7. @fisthardcheese @Harry Seaward on my way to my case management conference now. Wish me luck. Motion to compel arbitration is already filed. No new info in docket, so I assume I'll see their attorney in court in the hallways. Insisting on arbitration as it's my right per the CC agreement. Thanks to all so far. We'll see how this first skirmish goes and how long the battle will be.
  8. Hello - I'm back. Thanks for all the help @fisthardcheese I filed my answer a month back and was waiting for a response. Finally got one. First off: case management conference is scheduled for end of August. Their statement asked the court for more time for discovery. I have not filed my case management statement yet. I have the form (from CA), but not sure how to fill it out. Also plan to file the motion to compel arbitration. Q: the attorneys also have mailed me interrogatories. Some questions are simple: did I open the account, what date was it, were there other signers on the account (there were not). Is the balance of the sum the correct sum as of the due date on the account. But there's another set of questions: do I have copies of all correspondence I sent the CC company? They want copies of each canceled check and bank statement where I made a payment to the CC company. They demand all this in a few weeks. How do I answer this? Do I really need to provide copies of all my payments to the CC company? Or if I file my case management statement and a motion to compel arbitration, can request this that be answered first? Thanks again for all the help
  9. hi all - I'm back. Thanks for all the advice. I took the advice of @fisthardcheese and others and wrote up the answer. Yes, I did file an answer. I went to the courthouse and asked if a default judgement was entered (I had been checking the court search daily and hadn't seen one). Clerk said I can still file. I asked if the plaintiff can just get an automatic default because I was late. Clerk said they (Orange County, CA court) will take the answer and it will prevent the default if the plaintiff hadn't filed for one yet. Also, there was nothing showing in her pending queue (that part maybe isn't online). I only had one copy of the answer, so I was advised to return this week for a court records copy to mail to plaintiff (I guess the mailer can not be me as there's a form). I checked the court search again over the weekend. It showed my answer, my fees paid, and that a case management conference about 2 1/2 months out from now. Q: So now what? Are we (not me, but someone on my behalf) mailing this answer certified mail with return receipts? Q: is there some discovery process? I checked the arbitration for synchrony as you suggested and there's a definite arbitration clause there. I answered point by point, mostly that I did not recognize if this company had standing, nor that I had confidence the debt was mine and if it was, how could I be confident the amount at chargeoff was accurate. Also mentioned if there was supposed to an alternate settlement process like arbitration. Q: is the arbitration clause in effect in the last statement at chargeoff? That's would cover the clause. I have no idea and no access to the contract I signed up with originally. I think it was different company possibly before it was synchrony. I have to admit that I felt good driving to the court to file the answer that I diligently researched how to write the evening before. If I'm in over my head, I don't feel like it anymore. I feel energized. I was afraid of the courthouse, but I felt good there. What is this madness? Am I crazy for enjoying that filing? If I'm going to lose in court, I might as well get some adventure and legal education for this money. I don't plan to go down easy, though. I'm not ruling out settling, but I am ruling out laying down. If things get too hairy, I'll hire an attorney (I found a good one, I think, and he said even if I don't hire them now, answer right away). I hope the clerk was right about the answer being valid as I beat them in filing for the default. She said it's whatever comes first. Okay wise people of this board, what say you next? I am your humble student.
  10. hi @fisthardcheese thanks. I'm thinking of doing this. Question: does this help me in settling or give me better leverage in settling. I'm afraid of this: I respond and they come at me with no settlement offer and I have to pay some attorney fees that bring me to double my debt or more. This would indeed force me into BK. I called an attorney (I'm sorry I did not at first see your advice @Harry Seaward and they wanted a healthy amount to file the answer for me and negotiate with some leverage or get the judgment set aside (if one exists that isn't showing in the court online search -still no change there). But that seems like I'm going to spend almost my debt amount and then risk the judgement fees. @Harry SeawardI am open to calling the suing attorneys, but what I can pay is about what I owe (and that affects me deeply for a few months for sure), but I'm afraid of what I read on some sites about them here: http://californiacollectiondefense.com/sued-hunt-henriques/ They say I could agree to a settlement and pay while they obtain a judgement anyway and come after me for the whole thing? I don't know if I could file a belated answer to beat their electronic filing services or make it to a BK lawyer fast enough if they want over the original debt. I know this whole thing operates on fear, lack of resources and being in the wrong in the face of the law. I'm trying to do the right thing too late.
  11. Came back to edit after I saw the post about not needing an attorney. Sorry I didn't see that.
  12. I called an attorney to see if I needed help in defending this or getting the right kind of settlement paperwork. Quote was $800 plus court filing fees. Worth it? I'm a little hesitant to call the suing attorneys on my own. Thoughts? Seems like I could pay over $1100 or more just to have to pay their attorneys anyway. But the guy was really helpful and I feel like I'd use them if the amounts were larger. Maybe I still need them? Seems if I lose, than I have nothing left to pay the original bill.
  13. hi - what are your thought on contacting the attorneys? Do I need an attorney to do so? Am I going to be on the hook for significantly more than the lawsuit amount? I may consider a BK as a I have other debts. Or is it worth trying to settle? Thanks
  14. hi fisthardcheese, Would this make them more or less likely to settle or make them push for higher attorney's fees? Thanks in advance.
  15. hi - and thanks. I don't see the default judgement in the case search nor on credit checks. Do I need to get myself an attorney to attempt to pay this? Do I need to contact the courts at all and inform them I will try to settle?