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MGC

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  1. I think I got 4 or 5 1099c from PRA all have the same "incident date" on them...I have not told my husband anything about the debts and the 2 lawsuits (one OC one JDB, both dismissed after date set for trial-going to be writing a book or two about it) so I just put the 1099s in with the other stuff from debt collectors (have file for each) and if it comes up, then I will dispute them.
  2. Hi...Just re-reading some things I have printed off and in re-reading Bock v Pressler and Pressler about the "meaningful attorney review" mostly about FDCPA 1692 and so looked at the case I currently have and the dunning letter is signed by one attorney, lawsuit signed by another attorney and the case management conference papers signed by yet another attorney....I figured well I guess it is one thing for an attorney to sign dunning letter but shouldn't the attorney who signed the lawsuit also be the one signing the case management forms???
  3. Good luck! That is an eye watering amount....I got the dismissal from my above mentioned case in October....So that was them dismissing without prejudice but still good with that...have a Target upcoming...still have not done discovery or vice versa yet...that is supposed to be in sept i think...but plan to write to them soon with all the pertinent info and then they will hopefully dismiss...I had about 20 differemt accounts everywhere and today was going thru and updating files and was very happy to count about 8 are the only ones that have not been closed or cancelled...so right now the other suit is hopefully the last i ever have to deal with....weirdly, one letter i got this week said "the law limits time to sue...etc so we will not be suing but feel free to send money anyways"...was not sure what that was but found old card and the card expires this year so not sure why they would say that since it is probably still in SOL....but good luck...willl be praying for you...
  4. Finally got posted on court site, Dismissed without prejudice of course but as my friend said, hey a win is a win...no idea why they dragged it out sooooo long... Case History Mandarich Chicago filed last july 2019, for LVNV, I answered after being served and buying and quickly reading "Stick it to Sue Happy Debt Collectors", made notes and went to the legal library and did the line by line response ( I had to pay for the FULL lawsuit as it was served without required paperwork)...and fortunately this was BEFORE Covid because I filed answer got stamped copy etc (which was NEVER posted on the court website) and then about 10 days after filing my answer (to Chicago office) as I was trying to figure out best discovery questions from book since california only allows 35 non-compound questions, their discovery (from California office) arrived...so I answered theirs (to California office)and sent mine and got their back at end of October 2019...(California office)...then nothing really happened till July 2020 order to show cause hearing...It was pretty unclear to me if I should go or not but I am so glad I did...I came forward and that led to my first post here...Judge did not see filed answer and I told her I had the stamped copy here and she said " take it up with the clerks...it is like you are not even here...this doesnt concern you""" WTF???? I AM THE ONE BEING SUED...HOW DOES THIS NOT CONCERN ME????Anyways, called clerks (if not for covid would have gone down there directly!!!!) (side note thank God the other suit filed in feb had my answer posted on court site since they never sent me a stamped copy of my answer)...anyways, I got a request for judgement (from Chicago office) dated the Fri before order to show cause hearing...I had filed case management statement that week and thought that was what I was getting...nope..but their judgement was denied due to my answer on file from Aug 2019....Then they set a case management conference for 9-14-20 and I kept waiting for their statement which was not filed till 9-1 which is LATE and I when I went to the conference I told the judge it was filed late and no one had talked to me from their side or even tried...to which the judge told the local snake...erm....lawyer to tell them to pick up the phone next time...so I talked to her briefly after to give her the papers showing I am basically judgement proof which she said she could not accept....and that was that...our court date was set at end of next year...then suddenly Monday I received the Request for Dismissal which I called court about Monday which she did not see it and I posted here about it...and then last night checked court site and it said DISMISSED WITHOUT PREJUDICE PRIOR TO TRIAL... so really not sure a) why they went all the way to setting trial date before dismissing and b) why they waited nearly a month after case management to dismiss...not sure if it was because of lack of communication between Chicago and California offices (dismissal and judgement requests came from Chicago but discovery back and forth came from California office) I know everyone says it is a win at least but actually was totally more confident in winning this case than the TD Bank one (we have done no discovery either side on that one)...but I will be posting some of my commentary I had ready to put in a Motion in Limine and some stuff about LVNV I found all this stuff that I felt would be super helpful for winning...that way, anyone else who wants to fight and protect themselves against judgements etc can use in their cases...it is frankly shocking and very upsetting to me how many people are not even trying to make an answer in my own town which means so many people could be attempting to at least have a shot at preserving their money etc...I feel like trying to locate them and pass on what I learned but of course do not want to get jn trouble for practicing law without a license....although CLEARLY I learned more about the law than these lawyers even know or care about...even the judge had no idea what I was talking about ccp 1013 where it says 3 times that proof of service should be accompanied by an UNSIGNED copy of proof of service...otherwise you are committing perjury...I made copies of that for the judge...it was SUPER annoying that I was going out of my way to follow ALL the laws and yet here I am, regular person who is constantly getting these proof of services signed...by people who should know better...My mailer never signed the proof of service to the attorneys but I submitted her proof of services signed to clerks and I kept a signed copy....but anyways...I am truly thinking of writing my own book for California people...so anyways, will be keeping everyone updated on the other case... thanks for all the assistance I personally got and all the anonymous people's posts I combed thru...this victory is ALL of ours....
  5. Well...TENTATIVE good news on ONE case...got request for dismissal on one case (without prejudice of course) so called clerks office because it is not online yet...it says they filed by fax but signed 10-13 but clerks office does not have it....it did not have proof of service like all other forms they sent me but just want to.make sure that they cannot send me this unless they sent to court etc right??? so just checking since it makes me nervous tht the courts dont have it since it said file by fax and it was nearly a week ago
  6. Well...TENTATIVE good news on ONE case...got request for dismissal on one case (without prejudice of course) so called clerks office because it is not online yet...it says they filed by fax but signed 10-13 but clerks office does not have it....it did not have proof of service like all other forms they sent me but just want to.make sure that they cannot send me this unless they sent to court etc right??? so just checking since it makes me nervous tht the courts dont have it since it said file by fax and it was nearly a week ago
  7. thanks...I will print that out tomorrow... pretty sure they did the 35 because they were my first case and i read in a book about the 35 thing..so i think i did count those...that was what really surprised me about the fact that they tried to get a default judgement when i did in fact file my answer on time etc and when i sent them my answer that was when they sent their discovery which i answered and then sent mine which they sort of answered some but did the privilege thing as people here said they would...that is why i was shocked they tried to do a default...why would we BOTH do discovery if i had not answered suit??? i did read that ca lawyer post about ccp 98...and i think he may have been the one who had a countdown sheet that i printed out too...i found that when i found the motion in limine thing the ambulance person wrote.. i plan to put all my issues with lvnv in that should they not drop it mon..i hope to get to actually talk to the new girl mon to give her my ssdi letter i sent to everyone else who is not suing me...i am thinking of sending it to target lawyer too..since i did not get a chance to do so before that cmc... i have the target lawsuit going to trial exactly a year from mon....but we have not done discovery yet.. i said on that cmc i would do discovery by dec 31 2020...they did not even fill the form out completely which i dod not get to mention...but no discovery there as of yet.... hoping to get the lvnv dismissed mon if i can get that info to her...but if not, i am MUCH more confident of winning the lvnv if it goes to trial and more nervous of the target one that is scheduled for next year... i mean the lvnv sent me the doc that said my alleged account went thru 3 supposedly different companies on same day and it was something i could have made up in 10 min..no header no addresses etc...but i looked up the names as someone here suggested and then made a sheet which i am now going to turn into my motion in limine because i also found 2 lawsuits where lvnv clearly says UNDER OATH that they have NO offices and NO employees...so anyways...he OC is the one i am most concerned about although they got my name wrong so it still says unserved but judge at cmc said i filed denial so it does not matter but they have never corrected it and they continue to send me stuff in wrong name...so i figure that is a great example of sloppy bookkeeping...
  8. I am SUPER annoyed with them (mandarich working for lvnv) because I put in my cmc that parties have completed discovery (because after i filed my answer they sent discovery and i answered and sent my discovery and they answered) but on theirs the "new" attorney from his office said discovery will be completed 30 days before trial...and said they have tried to "settle" woth me but they have NEVER contacted me (since i have never had a message from them)...so i find that offensive as well...so curious if they can do a SECOND discovery? and I will DEFINITELY be bringing up late filing and that i have NEVER been contacted by them...
  9. ps..both lawyer and i marked arbitration and judge trial but no arbitration was commented on at cmc and just got letter saying it will be a jury trial and we need to send fees in 10 days so i have to file another fee waiver for that too...
  10. target/td bank original creditor...patenaude & frank are doing that one...but now i have another issue...i am trying to find an answer to see if i can amend my answer to the lawsuit..that one i did a general denial and listed some affirmative defenses and i did say i wanted to leave open the possibility to raise more defenses should they come to light...i have found something i believe will stop this immediately...but not sure if i can amend the answer or not...and i would love to use it to file motion to dismiss but not sure if i can do that either...if i can and it works i will be SHOUTING it on here to let everyone know...i wanted to answer asap so when it came up i answered in a week but of course i have kept pecking around with different things that occur to me and i stumbled on this gem last week but have not been able to see a clear answer on amending or dismiss motion...
  11. Not exactly awesome...different judge so that was good but they sued under weird name (not my first name but my last name) so it says unserved but judge said since i filed denial it does not matter (to wit i said i did not want to lose my rights in case it was me)...but i did not even mention they never tried to "meet and confer" as they said they would..she just straight up set date for trial in sept 2021...he said it would take 2 hours...so anyways...i dont know..i am thinking i will write them a letter and tell them that they have made mistakes by not completing forms not serving case statement with adr as they were required to do and then use that letter to let them know i am on ssdi (disability)...they sent my bill to a new york law firm and sent me a letter saying "potential placement with law firm....possible legal action" ( that firm got class action suit because they said td bank and not target but they did remedy that) but that firm said they were not going to sue...and the people suing is a different firm) but i am pretty sure that is a fdcpa violation... i sent other jdb letters with copy of my ssdi forms and said i disputed the debts and have had 4 major surgeries the past 2 years leaving me unable to write till now and that i am on ssdi and it is my only income... hopefully they will dismiss it...they have not tried to talk to me at all... because if we go to trial i will make them bring a person for the business records...this is an original creditor but i know that people here have been successful against them... what do you think? ps thank you very much for asking..it means a lot... one of my friends said that if she is ever in this position it makes her feel better that i could help her...
  12. thanks.. i am assuming i get one challenge PER case? I found some info out that makes me feel better about the jdb case last nite...still a tad nervous about oc one i have cmc tomorrow morning...i am annoyed their attorney did not completely fill out statement form which i am going to TRY to mention...but found letter from different attorney in ny they sent it to and that said specifically they were not suing me...and then it must have gone back to target and then to lawyer in calif who is suing me.. so will see how that goes tomorrow..thank you for the statute...
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