YOLO YOLO

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About YOLO YOLO

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  1. Hi, did they answer to the M&C letter what you sent without threatening to file a MTC?. I am in the same situation.
  2. 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.
  3. 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.
  4. YES. CCP96 AND 98 WILL BE DONE. THANK YOU
  5. 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?
  6. 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"?
  7. BY THE WAY, I JUST NOTICED THE GENERIC AGREEMENT THEY SENT ME HAS A DATE OF 07/2013 AT THE END, BUT THE ALLEGED ACCOUNT WAS OPENED IN 10/2013.
  8. 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.
  9. 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
  10. Hi, I was sued for card debt under (1) Account Stated (2) Money Lent. After requesting the Bill of Particulars, the Plaintiff answered that under Account Stated they don't have to provided anything, however, under Money lent they did send "something (not really)"... Plaintiff objects to each and every demand to the extend that it calls for a responsive evidencing or embodying confidential communications between Plaintiff and their attorney, on the grounds that such communications are protected by attorney-client priviedge. bla bla bla plaintif has not completed discovery for this case. Plaintiff is only required to produce an itemization of the account alleged within the pleadings indicating what accounts are subject of the lawsuit. Plaintiff has has bee contacted by its attorneys of records Law offices of Junk Suckers, APC and hereby complies with this Bill Of Particulars: A diligent search and reasonable inquiry has been made in an attempt to locate the requested documents. Plaintiff is continuing to search for its records for documents that are responsive to demand. la la la they only sent a copy of previously sent card statements, nothing else, nothing new. I read here in the forum that I should send a Meet and Confer letter requesting the missing documents for the BOL before I file a Motion to Compel the BOP. CAN SOMEBODY SEND ME A LINK TO A MEET AND CONFER SAMPLE LETTER? UNDER MONEY LENT, THEY NEED TO SEND ME ALL THEY HAVE RIGHT? Plaintiff mentioned Distefano v. Hall for not providing the BOP documents. What case can I mention in my M&C letter so they must provide the documents under the Money Lent cause? Thank you.
  11. OK. So about 40 days before the trial date I will file my three (3) CCP 96 (3 cards/3 cases). Then. the Plaintiff will reply with the names and addresses for the their Expert witnesses (The person that signed the sworn affidavits) and I will choose one address located within 150 miles from the court house. Correct?
  12. HI, THEY GIVE YOU 5 ADDRESSES!!!! what about if 2 or 3 were within the 150 miles? what if none were within the 150 miles? I am trying to win my cases using your steps. Thank you
  13. Hi, while I am still in the discovery process (Card debt from a Debt Junk Collector) I requested the Bill of Particulars to the Plaintiff. Because I was sued for (1) Account Stated, (2) Money lent. ($8,000 card debt)>The Plaintiff objected to provide the Bill of Particulars based on Account Stated, however, they "provided something (not really)" under the Money Lent cause. (same copies of card statements) The problem is that they objected to provide anything on the grounds of confidential communication crap between Plaintiff and their attorney. They also claim that because discovery is still open they are still working on investigating the case and they need time to prepare the case. Last sentence reads...."Plaintiff reserve the right to amend or supplement their responses bla bla bla". Plaintiff wrote the following under the Money Lent cause: Plaintiff is only required to produce an itemization of the account alleged within the pleadings indicating what accounts are subject of the lawsuit. Plaintiff has has bee contacted by its attorneys of records Law offices of Junk Suckers, APC and hereby complies with this Bill Of Particulars: A diligent search and reasonable inquiry has been made in an attempt to locate the requested documents. Plaintiff is continuing to search for its records for documents that are responsive to demand. bla bla bla, they only sent a copy of previously sent card statements, nothing else, nothing new. I read here in this forum that I should send a Meet and Confer letter requesting the missing documents for the BOL before I file a Motion to Compel the BOP. Do I need to give them more time to produce the itemization accounting for the debt? Will the OC create such document? When does discovery ends? I answered their RFE (1) and I sent my own set (1) RFE too. (Interrogatories, Request for admissions and Production of documents. Than you,
  14. Sued for 3 cards but Junk Buyer only sent discovery for 1 card (Case). Nothing happened to the other 2 cases. Can I amend the original Answer and include Affirmative Defenses now? To all 3 cases or at least the 2 cases that nothing happened so far?