LILI

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Everything posted by LILI

  1. Just curious why it would be more justifiable to push for dismissal with prejudice if they sent interagtories already. Id rather not respond to those.
  2. Hello, Capital one mailed me a CIV-110 Request for Dismissal without prejudice of the complaint and the entire action of all parties and causes of action. It was signed on 1/30/2020 along with a proof of service form that they served it to me by mail. The problem is I keep checking on the lacourt.org website for the case status and it doesn't say anything about the CIV-110 or dismissal. Case shows pending, and the last thing is the general denial I filed. I also called the clerk today and they said they don't see anything, and I should contact the attorney on the other side and tell them it wasn't filed. I am not sure it is a good idea to call Capital One's attorney. (They had sent interrogatories and 2 days later sent this dismissal.) I didn't respond to the interrogatories because it looked like they are dismissing. What should I do? Also, I am confused about Section 3 where it says "To the Clerk: Consent to the above dismissal is hereby given." Is that a section I am supposed to sign? and then submit to the court. Please advise. https://www.courts.ca.gov/documents/civ110.pdf I just want the dismissal to be in the system so I can move on. Thanks!
  3. How do you request the default judgment for the defendant at trial. Is that a form you file, or you just ask the judge?
  4. Hi, I'm in the same boat. Received a Request for dismissal with proof of service dated January 30, 2020. But my case does show up online, but this request for dismissal doesn't. What ended up happening in your case? Was it finally dismissed?
  5. Have you ldtried checking on the Superior Court's website. I know I can check in Los Angeles, and it gives you status of the case and what has been filed. You can even download all the documents for a small fee, but even if you don't want to download, it should list there what type of filing was filed such as dismissal etc, then you can screen shot for your records.
  6. Pleasure! This is such a cool community. I just found this site recently after 2 lawsuits, one for my mom and one for my dad for credit card debt. And I learned so much. Been working on my parents stuff trying to resolve. Appreciate everyone’s time in answering questions. Glad I can help in the tax area
  7. https://www.irs.gov/taxtopics/tc431 Read the exclusion section in the link above and here’s the actual code section irc 108 which itemizes tbe exclusions. The regulations on this section explain further https://www.law.cornell.edu/uscode/text/26/108
  8. Hey guys, I’m an accountant. There’s multiple 1099-c exclusions, such as insolvency, you can own a home is it meets certain thresholds etc. the easiest thing to do is report the income and then subtract it back out listing the code section of the exemption you are relying on, leave like a dollar so the form populated. the other option if you think the 1099-c is flat out wrong is to include it, then subtract it out, saying “see statement”, and then explain why in a statement attached to the tax return. the irs will pick up mismatches between 1099’s and what is reported on the return and then mail out letters assessing tax on the difference. Basically if you don’t report it, your asking to be contacted. Doing it the way I suggested would prevent all that back and forth because the income is being reported so it matches. Just subtract it out in the same other income area, and then leave a dollar so the statement prints. another option is to have the issuer of the 1099 amend it, but that requires a lot more cooperation from those parties
  9. LILI

    Judgement on property

    Thank you! I couldn’t find the site where there was a live chat. If you can post the link, I would really appreciate it.
  10. Are there any settlement offer template letters we can use? I searched the site and didn’t find any.
  11. How can you check if there’s been a judgement on your home or real estate you own. This is in la county. This has nothing to do with my prior posts. I’m just trying to figure out if there is a type of report to order from the county.
  12. I’ll put them together going forward, but I think this is a pretty general question not related to specific case or my prior question. Anyone know?
  13. So summons and complaint was served 2 weeks ago. Pld-050 General denial including affirmative defenses served today and will be filed with court most likely tomorrow. whats the next step in the timeline? The ball is now in the plaintiffs court. Do they have deadlines? And for what exactly do they have deadlines, meaning what do they have to file and by when?
  14. ok thank you for your answers
  15. It turns out, per our experience that defendant didn’t need to be present for the filing of the answer
  16. Can a demurrer and PLD-050 general denial be filed at the same time? Does a demurrer need to be served just like the general denial ? This is in Los Angeles thanks
  17. Can someone tell me if they know for sure, can a Defendant’s family member bring the answer pld-050 to the california, Los Angeles courthouse without the defendant there? or does the defendant have to file directly. Defendant is representing themself with no attorney
  18. the reason i put those facts in in the demurrer is because the cause of action listed in the complaint is common counts. Common counts mean there is an account stated debt and there is an assumption that the defendent held those statements without objection. my point was the defendent never held those statements without objection because he was too sick.still no good?
  19. What do you think capital one would settle for? on 18K for a disabled 81 year old who has no income besides SSI.
  20. The plan was to file an answer, and then call them to settle. But not go through the whole court process. The answer would create leverage for better settlement.
  21. They did not file a motion for summary judgment yet, only a complaint
  22. The answer is drafted and not filed yet. I was thinking to have him file the answer and demurrer at the same time since the courthouse is far, about an hour drive.
  23. My questions are whether those facts are appropriate in this demurrer? is this the right type of motion? It’s a objection to the complaint, that’s the same as a demurrer right? generally does it look ok? can the answer be filed at the same time as the demurrer? this is for my dad, does he have to go down to the courthouse or can someone else file it for him, like a family member?
  24. Can someone review this? Is this an acceptable demurer for the superior court of california, county of los angeles. There was a summons and complaint issued by capital one for credit card debt. Amount is 20K limited civil case