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Everything posted by jon_117

  1. It seems best to get your MTC granted and only communicate in writing from now on. Also, I only ever communicated with the JDB attorney. Talking to anyone else seems like a waste of time. That seems to be the case with their passive-aggressive scumbagery.
  2. I filed a fee waiver after I was served and before I filed anything. You file it separately before anything else otherwise you will be charged for the motion filing and all other fees. The court will email you when its granted. Both times the court only took 1 day to approve it. Here is the link: https://www.courts.ca.gov/selfhelp-feewaiver.htm?rdeLocaleAttr=en You are correct: FILED BY is you. AS TO is the debt buyer. And I selected "Motion to (name extension)" and typed "compel arbitration and stay proceedings". I did this because selection the "Motion to compel arbitration" option was giving me an error. The court clerk told me to try the "Motion to (name extension)" and it worked . And you do not sign the order, only the Judge can do that. You upload it unsigned. It's considered a "proposed order". It will appear in the online portal after the judge signs it in the exact same location.
  3. I guess we cant post a .pdf anymore? Here is a screen shot of the affidavit. The blank spaces are filled-in in front of the Notary.
  4. I filed everything online. He is the link to filing in LA county. Also use LA Court connect to appear remotely. Major time saver. https://portal-lasc.journaltech.com/public-portal/?q=node/384 https://my.lacourt.org/laccwelcome The attorney reached out to me first in this case as well. I will post a redacted affidavit.
  5. Update: I have settled for a mutual dismissal with prejudice! I signed the settlement at the end of last moth but just now have time to post update. The total time from getting my MTC granted to signing a settlement was 13 days. Thank you all again. Could not have done it without the good people of this forum!
  6. Check what the status of your case is using your case number. Here is the link for LA county, I'm not sure what the site is for other county's but it shouldn't be difficult to find. http://www.lacourt.org/casesummary/ui/index.aspx?casetype=familylaw Check if they claim if you were served by personal service or substituted service. Either way you must answer within 30 or 40 days otherwise they will win a default judgment. Please DO NOT wait until 2022 to take action. Here is the link for the CA rules for answering. I'll also quote the rule below https://www.courts.ca.gov/1322.htm You have 30 days AFTER the date you are served to file a response with the court. The 30 days include weekend days and court holidays. If the last day falls on a day that the court is closed, you have until the next day that the court is open. If you were served by substituted service, meaning the summons and complaint were given to someone else in your household or place of work, and another copy was mailed to you, you have 40 days from the date of the mailing to file your response. BUT before you count on these extra 10 days, make sure the plaintiff’s proof of service says you were substitute served and not personally served. You can find out by calling the plaintiff’s lawyer and asking how the process server claims you were served, and also what date your response is due. Send a fax or letter to the law firm confirming the information you are given.
  7. Case update: my MTC hearing was this morning and it was granted! Midland was a no-show again, just like my previous MTC hearing this year. I will start the arbitration process with JAMS once the electronic order is available which the judge said will take 24-48 hours. Some notes: The judge did say "This is unlike them" when referring to Midland having no one present for them. He took a few minutes to review my POS-030 form (PROOF OF SERVICE BY FIRST-CLASS MAIL) to make sure it was all in order. Just for reference, I filed the POS-030 form, a copy of the certified mail receipt, and a copy of the domestic return receipt (green card) as one document as proof of service. Also, this was a remote video hearing, not in person.
  8. There has been no movement on my case so far. Which I take as good news. My MTC hearing is next week and I will of course post how that goes.
  9. I expect that. Based on what I've seen on this forum MCM does not give easy wins.
  10. 4 of the attorneys are identical. Also, the wording of the complaint is identical except for the details of the account. The exhibits they presented in the compliant are very similar to the last one; they have a bill of sale for a bulk purchase of accounts and affidavit for it, a statement when the account was active, and a statement at the time the account was closed. Thank you everyone for the well wishes. I am much more confident this time around.
  11. Hello again. This is my second time using arbitration this year. I won a mutual dismissal with prejudice with this same JDB already so I’m using the same strategy. I’ll link my old thread at the end of this post. This is my 2nd and last account with this JDB. 1. Who is the named plaintiff in the suit? Midland Credit Management, Inc. 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) None. Only 6 different attorney names with their State Bar Numbers. 3. How much are you being sued for? $4000.00 4. Who is the original creditor? Synchrony Bank 5. How do you know you are being sued? Served a summons and complaint. 6. How were you served? Substituted Service; the documents left with a member of my household then mailed to me USPS First Class mail. 7. Was the service legal as required by your state? Yes 8. What was your correspondence (if any) with the people suing you before you think you were being sued? Collection letters sent by them. Nothing sent by me. 9. What state and county do you live in? Los Angeles County, California 10. When is the last time you paid on this account? 07/2019 11. When did you open the account (looking to establish what card agreement may be applicable)? Approx. 2013 12. What is the SOL on the debt? 4 years 13. What is the status of your case? The last 2 up dates on the court site are from me filing the MTC and Memo of points and authorities. 14. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) No 15. Did you request debt validation before the suit was filed? No 16. How long do you have to respond to the suit? (This should be in your paperwork). If you don't respond to the lawsuit notice you will lose automatically. In 99% of the cases, they will require you to answer the summons, and each point they are claiming. We need to know what the "charges" are. Please post what they are claiming. Did you receive an interrogatory (questionnaire) regarding the lawsuit? I have 40 days to respond. I have filed my MTC already. --- This is my old thread https://www.creditinfocenter.com/community/topic/333860-being-sued-in-california-opinions-on-my-strategy/?tab=comments#comment-1396246 I have already filed my MTC, Memo of points and authorities, and proposed order. I have also mailed the documents to the JDB attorney CMRRR. I will file the proof of service by mail form once I get the green card back. I don’t have any questions at this time, but I thought to make another thread just in case. I know from these forums anything can happen with a case and nothing is guaranteed.
  12. Big update: I have reached an agreement for a mutual dismissal with prejudice! Thank you all again for the advice and encouragement! Some small details if anyone is interested: The attorney reached out to me first about 2 weeks after receiving their copy of the JAMS documents I sent. JAMS hasn't even opened the case yet. I'm out of pocket less then $75 in direct expenses because I qualified for court fee waivers so I don't mind not recovering anything monetary.
  13. I believe you now have to file a motion to compel Arbitration. I don't think a court will dismiss their lawsuit that easily. Here is the thread:
  14. The text searchable requirement is only for attorneys I believe. I filed the POS-030 after scanning it and converting it to a PDF. I took photos of the Certified mail receipt and the domestic return receipt (green card) and attached that to the POS form. So my proof of mail was 1 PDF file, 3 documents. I efiled everything and the court accepted it. I'm in LA county but this should work state wide.
  15. Thank you for the feedback. I just found their email address on the State Bar site.
  16. UPDATE: Today was my hearing and my MTC was granted! Plantiff was a no-show. I now plan to file with JAMS but I have one question. The arbitration thread states this regarding JAMS: "If you know or can find the attorney or law firms email address to add here, it will be helpful as most of JAMS' communications after the initial filing will be by email." There was no email anywhere in the complaint. Should I try to find the Midland attorney's email online? Will I be at a disadvantage if I skip including an email for the respondent?
  17. In my state (CA) there is a drop down menu with an option that states: "Motion (name extension)" and you type in the motion title in a separate box below it. So in my case I typed "to Compel Arbitration". And the court accepted that.
  18. It is 40 days. From the court site: "BUT before you count on these extra 10 days, make sure the plaintiff’s proof of service says you were substitute served and not personally served." Also remember to file form POS-030 after responding. "To serve the plaintiff with a copy of your response, have someone 18 or older (not you and not involved in the case), mail a copy to the plaintiff. If the plaintiff is represented by a lawyer, a copy of your response gets served on the lawyer. If the plaintiff is self-represented, it gets served on the plaintiff. The person who does this for you must fill out a proof of service by mail form. Then, make sure you file this proof of service form with the court and keep a copy for yourself." Here is the self help link if you don't have it: https://www.courts.ca.gov/1322.htm Update: If you are in LA county, here is the link to create a profile and file electronically. https://portal-lasc.journaltech.com/public-portal/
  19. Today I got this default nonsense figured out. I called the clerks office and had to speak with a supervisor. I was told the clerk that allowed the default to be entered should not have allowed it. They are going to get it vacated by a judge and call me back within a week.
  20. Thank you for the information. I suspected that would be the only proper response.
  21. I decided to download the documents from the court site and their declaration contained this line "I am informed that Defendant has failed to answer or otherwise defend as to Plaintiff's complaint within the time allowed by law, and therefore the allegations of the complaint are deemed admitted by law." This is false, my court allows a MTC in lieu of an answer which I filed within the allowed time. I plan to call the clerk in morning. Can the clerk grant a default judgment like this? I did notice the default says "Entered" nowhere is anything "Granted".
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