bff

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Everything posted by bff

  1. What is the procedure to efile a Proof of Service by Mail (POS-030)? I have efiled the document the court so now i need to follow up and send it via mail to the plaintiff. So how do i then return to the court to efile the POS ? As i understand, i can not submit a photo of the document as it has to be text searchable. So how do i efile something with a copy of the signature on the POS-030? Am i over complicating this? Do I just fill it out with /s/ THEIR NAME? (however that shouldnt work since the /s/ only works if its keyed to the login/pass at the efiler)
  2. they are going after people's stimulus checks i think they have this automated. With electronic filing, it so much easier for them to respond to things with boiler plate stuff
  3. First question: I filed my answer on last day to response. I submitted to the clerk the answer with my original signature and the POS with original signature. I asked the clerk if it looked good, and she smiled and stamped it and gave me a 'conformed copy'. I gave the opposing party a copy of the answer with a copy of the POS. I sent that certified mail return receipt. This was done on the same day (the last day to answer). Today i checked online and someone on their end recieved the copy. Now i go to the docket, and i noticed these entry. (i have redacted identifying inf
  4. If a defendant handles the case by themselves, do they have a right to win back the costs in the trial assuming they win? Can that be costs in their own time for research, writing, driving, etc as well as costs for mailing, process servers, etc ? What have the courts ruled on this? How should defendant properly keep a record to later claim this?
  5. > Even if it is something like their balance does not match the balance you have. Okay, this is really good. The OC is using the usual cause of action: open book and account stated. These seem impossible to defeat since they just present the statements What do you think of raising and affirmative defense of fail to cause action - breach of contract? I would like to demand the contract since it is after all how the fees and interest and balance calculation is made. How do i ask for that in discovery? 'give me the orignal contract'? Esp as ive read they respond with a generic c
  6. The thing is, demanding for someone to fly in (or maybe zoom these days) will incur huge costs. And if the debtor looses, they will be responsible for those costs. Am i wrong in my thinking?
  7. The cases that ive been finding are at the appeals level. Like you say they are always the defendant loosing and the ruling saying something like 'creditor had all the paper work to prove xyz and defedant didnt provide anything' what im looking for is EXACTLY what to ask in discovery before this summary judgement event so i have the 'reasonable answer' . i dont think i will find a smoking gun or anything like that, but ineed to know what to ask for in disocvery so i can tell the judge there are issues here that need more discovery and ultimtely a trial. if i can push this out to a year it
  8. How much time passes between the MSJ to decision? HOw to rebute that?
  9. Arent all these cases public? Can we just see what their standard responses are? How would I find SUCCESSFUL defenses against their standard responses. Basically how can i learn what counters people use for an open book / account stated with an OC? There must be a chink in their armor
  10. So instead of a 30 day response period it goes quicker? Im sort of counting on the OC to be slow due to so many cases they are suing but they probably have it all automated and ill be fighting a computer. yikes!
  11. An answer was submitted to respond to collections suit. On the last day and literally before closing of court. I have a file stamp document proving i responded by end of summons date for response However, the copy of the answer was mailed to opposing party by regular mail - on the same day as the filing (certified receipt etc) Since they will receive it a couple days after the deadline for filing, will that jeopardize my case? I hope i didnt just waste hundreds of dollars . damn
  12. A lot of collections 'internet info' is centered around what happens if you DONT respond to a summons. But not a lot of what happens if you do. Im trying to study some case dockets and court calendars to figure out what is the standard chain of events. Im noticing forexample, that right after an answer, the clerk enters a 'Notice of trial'. And thats like a many months away. So you kick back and play 'discovery' in those months? Where can i can I learn what is the process of litigation? There is too much noise I find on motions and notices etc Surely there must be sa
  13. Do you know which ones it is? Is it in this forum? Thank you for a ray of hope
  14. What about the elephant in the room? The amount owed? Its not enough for them to lay out a number and expect me to accept it. I want an accounting of every last penny from balance zero till the claim. There is an illusion that computer records are always accurate. Yet we have case after case of insider whistle blowers (Chase in a case i was reading), where the firm maintained 3 different systems. 1 for current accounts, another for accounts in collections, and another for charge -offs. There was incompatibilities between the systems each with their own different amount owed. I
  15. After tabs and many tabs, i just cant find any real defense against 'account stated' cause of action from an original creditor. It is Discover in California. They did not present any evidence in the summons complaint (why?). They just listed open book / account stated and worded it exactly as what is called for in the jury instructions (forget the name of the doc) So what 'affirmative defenses' do i use? There really seems to be no defense against this. Cant ask them for an original contract cause apparently 'account stated' trumps it. So does everyone just loose this kin
  16. I agree thats why i am trying to buy time with the CC lawsuit so I can explore these options. But BK lawyers arent cheap and and im not in a position to afford one. Hopefully if i can push the CC lawsuit a few months I can some income to save up money for one. In the meantime I have to represent myself as best I can
  17. Thanks for your thoughts Clydesmom. Im actually doing the answer the BK Pro Se. So what can i do about - What is the proper way to 'pull out' of the lawsuit once I file the BK and after i provide an answer? - Do i file a notice of stay after the answer ? Is it necessary to do so? - Does that cost me extra money?