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  1. Ohhh. How did they got my cel phone #? If I ignore them, will they try to contact me in writing? Should I answer them next time they call to find out what they want? I don't want to say anything that could be used against me in court. I don't want to settle unless it is for a ridiculous low amount. I doubt they will offer something like that now because the hearing is in 6 months. I am mentaly prepare to fight my case in court. Thanks to you and other members here I prepared my responses to discovery and I am working on my CCP98. I will subpoena whoever they try to bring to court.
  2. Hi, today I received a phone called (They left a message since I didn't answer my cellphone ) from a law firm (Debt Collector). The message says that they are a Debt Collector and they are trying to collect a debt from me. The debt collector already filed a law suit against me. We finished discovery and there is a court date scheduled for February 2020. Is it against the law for them to contact me over the phone to try to collect the debt is there is a pending case in court? Should I send them a cease and desist letter or file a complain somewhere? I don't know where they got my private cellphone number. Thank you
  3. Hi, I doubt they will answer to your discovery request and if they do, it will be objecting to pretty much everything with blah, blah, blah vague answers worth nothing. They will reply with a (copy and paste) from other cases they have, (it will take them 5 minutes to answer your discovery). They never answered mine and its over 40 days now. Concerning the 45 days to file the CCP 96, I've seen an example online using a calendar showing you how to do the counting. I believe needs to be sent within 45 days so if you are not sure, send it closer to the 40 days mark rather than 45 in case you miscount. I believe you can win the case if you fight. CCP96 and subpoena their witnesses.
  4. I was sued by Winn too. They do not answer to discovery request. (Jerks). Don't forget about the frame time to file the CCP 96. Somebody lost the case against them for filling 2-3 days too soon. Please update what you do. My court date is in early 2020. Good luck.
  5. On my case, 1 Account Stated and 2 Money Lent I asked for the BOL and I got nothing. Plaintiff objected based on Attorney/Client confidentiality and ... Plaintiff is only required to produce an itemization of he account within the pleading indicating what accounts are subject on the lawsuit. Plaintiff is continuing to search its records for documents that are responsive to this demand... All they sent are the same monthly card statements that were attached to the original summons. 10 Days later I sent a M&C letter given them 10 more days to comply with the BOL and I got the same ( copy and paste) objection and no new documents. While I answered to the Plaintiff's Discovery set, I sent my own discovery request to them 30 days ago. So far no answer. What happens if they do not answer to my discovery set?
  6. Hi, did they answer to the M&C letter what you sent without threatening to file a MTC?. I am in the same situation.
  7. WOW, interesting. I can't believe she "lost" because the filed the CCP 96 3 days too early. BUMP. Also she didn't want to settle for 2K on a $19,000 debt. (I understand. she wanted o win.) I think they will try to bring witnesses for my cases. I will make sure I file the CCP96 within 45 days. Question one. Is the CMC required, when it is scheduled and by who (Plaintiff, Defendant/Judge? Question two. If I mess up along he way and I have to cross examine their witnesses in court. They could testify that the debt amount is accurate and correct, however, how can they convince the Judge that I was the one making payments or charging the card with purchases.? When I asked for such documents the Plaintiff never sent when the BOL was requested.
  8. Hi my case is 100% like this one. Same questions, answers and Plaintiff's law firm. When I got the BOL they only sent card statements, nothing else. Under Money Lent it is required to send me the whole account right? Should I seat back until its time to file the CCP 96? I was planning of sending a Meet and Confer letter asking for the whole account under Money Lent then file a Motion to Compel if they ignore me again. What about if Plaintiff decides to remove the Money Lent cause in order to not having to send me the complete BOL? Can the Original Creditor provide an itemized statement of the account to the Plaintiff ? Debt is $8000 Do nothing and seat tight until 2020 is probably the right thing to do but If I can get the case dismissed ASAP will be great. This lawsuit is stressing me out honestly.
  10. Oh OK. I see. In my case, I am not planning of going to Arbitration. On trial day, can I claim that the Plaintiff never provided the agreement that I "signed" with the original creditor? Will the judge know that card agreements are produced quarterly or yearly and that they don't necessary show info about the card holder? What can I say in front of the judge (if I have too) to proof the Plaintiff never provided "MY " agreement or the agreement that regulated the alleged account in the lawsuit?
  11. I believe you, however, how can the Plaintiff proof that a generic agreement without any info about the card holder and originated months before the account was opened was "mine"?
  13. During discovery the Plaintiff might send you a copy of "a" card agreement for you to admit its yours and admit to its genuineness. If they do, its a generic no name, no signature, no account number agreement. As long as you admit its yours, I think you can file for arbitration saying that you NOW know there is an arbitration clause in the contract that you want to use. You never saw the agreement before that's why you didn't know there was arbitration clause. I learned that from other posts here. I am trying to win my case in court and I denied to the authenticity of the generic card agreement they sent me. I am not an attorney and I am not giving you legal advise. I read you want to go to arbitration so here's my 2 cents. Good luck.
  14. Hi, my trial date will be in March 2020. I answered their discovery and they will answer mine soon (more or less of course), then I'll banish like a fart too if they get me nothing. . When will the Case Management Conference take place? Do I need to wait to get something on the mail? Thanks