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Ready To Fight

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Everything posted by Ready To Fight

  1. So I literally just called the Sheriff's Department and the bank finally answered yesterday that the account was closed. So I am going to domesticate the judgement, become close and cozy with their local news, and go snatch some stuff on camera.
  2. So it's been a few weeks and nothing from the bank on the bank levy. The bank has not responded AT ALL within the 10 days they are required to here. I know I can sue the bank for not answering. I was thinking of sending them a demand letter on that. The company is out of state as far as I know, but I am going to see if they have any property here I can take to push them to pay. They used to have a distribution center here, but it closed. Suggestions? ETA: I forgot to mention that if I have to domesticate it into their home state, I am willing to do that. Especially since they have to reimburse me for it.
  3. They sent a bunch of people I have never spoken to or heard of to court who lied the entire time. He ruled in my favor, though. Thank you for all the support.
  4. It's small claims. They aren't even supposed to be involved in my jurisdiction.
  5. I apologize for not answering before now. I'll try to get everything in here to answer everyone’s recent questions. I was told by their in house counsel that they were hiring outside counsel from my state and not to contact them directly. They also gave me the name of their local to me attorney they had supposedly retained. I've looked them up and they didn't even give me the correct name plus they have horrible reviews, so I'm not sure considering their behavior that they have actually retained them. Something else that also makes me think they have not retained outside counsel is that the other day I received their defense. They actually had a messenger deliver it directly to me. However, the envelope was open and it did not have any firm name on it as if they didn’t want any proof they sent it to me. However, when I checked the court site today, it reflected their Proof of service of Exchange and Submission of Evidence, but no substitution of attorney. I don't plan on responding to them because on TurboCourt they told me not to contact them directly and gave me the name of the supposed local attorney so there should be no expectation of me sending them anything. So unless anything changes between now and court, I am just going to go to court and present my case. And if they play any games there, I will present all the behinds the scenes stuff they have been doing. I expect adversarial; it’s the games and unprofessional behavior I’m tired of. *** For the record, I told them that I wouldn’t speak to ONE person in particular and that if they had anything to tell me it had to go through someone else on their side. I called the first rep/attorney who contacted me and told her that shortly after I ended the bad call; she told me she understood and would relay that message. I never said I wouldn’t speak to them at all. THEY are the ones who said that. Also there seems to be some miscommunication about the meet and confer. They called me unexpectedly and we set up a time to talk. That time came and went and they did not call. When they called again (ELEVEN DAYS LATER), they did so unexpectedly and when I said I couldn’t talk, that’s when the one went crazy. When I brought up the missed meet and confer, they then pivoted to “adhering to CA rules means using TurboCourt”… yet then when they wanted to call me, they did.***
  6. Ok, so this is where I am: They told me they were hiring outside counsel in my state and told me not to contact them directly (it was on turboCourt, I have proof). I received this message on Friday. I had already told them not to contact me again before that due to misconduct by one of them. So just now a messenger delivered their defense. I have not been contacted by their supposed outside counsel and the envelope open with no sticker or anything denoting where or who it came from. I have 3 different kinds of proof that it was delivered this way and that it was done today, if it matters. I have never dealt with such unprofessional people in my life. Is that all it is? Unprofessional and immature?
  7. So I was correct in my first post. I received a check from Accounts Payable today... of course it was after I dropped off my paperwork to the courthouse to have the Writ of Execution done. Now I have to go back and file the Satisfaction of Judgment. LMAO Thank you for all the help and suggestions!
  8. I didn't know until today that both were attorneys. The one I did got out of line with me because the other one called me again with him on the line this time trying to ambush me into a talk. I very nicely said that I was busy and offered to make another set day and time to talk, but he got nasty enough that I ended the call. This is literally like 2 weeks later after the meet and confer was supposed to happen. They are acting like I missed the meet and confer and didn't reach out instead of them. I'm effing p*ssed right now. I have them on so much. But their offer (that they are not budging from) isn't going to make me whole. They have until Friday to bump it up or I'm not available to talk settlement anymore. After that, I'm filing complaints and letting the CFPB know what they have done. Thank you for the response.
  9. They are required to do it in our court. I have them 6 ways from Sunday, so I will just move forward with my plans. I just wanted to check to see if anyone had any outside view of it. Thank you for the response.
  10. Ok, so... what would you bring up to the judge for 2 attorneys who intentionally missed a meeting then called with a bunch of disrespect and BS almost 2 weeks later? This is still in small claims, by the way.
  11. Yes. This is #3. #1 is at the Bank Levy stage. #2 is at the waiting for the 30 days to be up before I send them the "F*ck you, pay me" letter stage. #3 I just filed.
  12. My apologies if there was miscommunication on my part. This was their first communication after being served. I have checked the case summary and they haven't filed anything currently. I will see if they do anything else before court which is less than a month away. But a call to reschedule isn't a meet and confer. I saved the recorded call to prove it. I'll wait until Monday to call the person who called me back. Thank you for the response.
  13. I sued my bank in small claims for numerous things that have gone on for years. The other day, I received a call from their representative who had general counsel waiting to conference in. Of course I was not expecting it, so I arranged with them to have a conference call with them and their general counsel today. They are on the East Coast and I'm on the West Coast, so we set the appointment at 11am my time, which is 2pm for them. We confirmed the date and time before hanging up. Forward to today and there was no call at 11am. I thought perhaps they got the time mixed up, so I waited for 2pm my time and still no call. I am not sure what's going on because this has never happened to me before. One thought is that they might try to bump it up to District. Just to make it absolutely clear, I never spoke to general counsel because they never conferenced in so there was no meet and confer. Thoughts? Am I going 0 to 100? Thank you!
  14. So have you ever seized assets at someone's office? I'm going to do a search on here for that. The bank and how long it takes is dependent on the Sheriff's Department and can take a while. The clerk told me after they receive the check, they have 21 days to turn it over to me. And that's after 10 days of the bank holding it AFTER they serve it.
  15. I have another case that I won a judgment in, but the Defendant never showed and didn't appeal. I am learning the process through that by doing a bank levy.
  16. In this court, there is literally nothing they can do after the 30 days is up. That is why there is the 30 day stay of enforcement. I'll see how the next 24 days go. The court has been a nightmare to deal with in my other case. But at least I have the experience now. Thank you again for the advice and assistance.
  17. I didn't send a demand letter to the other company that didn't show for court. I'll do it for this one, however. I have to wait until the day after November 29 to file the writ if they don't pay. I have no clue what office the rep was from. He said he just handled small claims cases. Maybe I'll just put the Corporate office and address it to "Small Claims Dept". I'll recheck his information on TurboCourt. Thank you for all the responses!
  18. I filed the Writ of execution today. They don't take them over the counter; I had to leave it in a (secured) box outside so it will take a few days. However, they allowed me to add the Sheriff's paperwork for them to take over so they can do the bank levy (I had a check from them so I had a head start on the banking information). I will report back with what happens with the bank levy. I didn't do a demand letter since they didn't show for court (with proper, filed service).
  19. I decided to just wait the 30 days out after @Clydesmom responded (thank you!). I'll check with the court to make sure the date I have to file the writ of execution correct and get all of my paperwork ready. It's been 7 days already. Since they only sent a rep and not an attorney, would you suggest sending the demand letter to their legal department? I'm feeling quite like Goodfellas at this point.
  20. In response to the bolded: for the reasons in red above, if they are halfway intelligent, they will send a check because when I tell you their representative couldn't have come less prepared or less knowledgeable, I mean it. I'm already ticked off because it was their lazy employees who got me into this entire mess to begin with. I always like to check with others not attached to the situation to be sure I am not being myopic.
  21. I am not comfortable saying the name of the company just yet, but I am in California. The Defendant showed and I won in court (different case than my other post). The Defendant in the other case I posted about didn't show (I'll update that soon). If you were me, how would you handle this? They have 30 days to file an appeal, but how long would you wait for a check to see if they are paying before you contacted them for payment? Where in their company would you send the request? Legal? CEO's office? Accounts Payable? has anyone dealt with this before? The judge took a few days before entering his judgment and it was done a week ago yesterday. As of today, I have received nothing. Thank you for reading!
  22. I want to make sure I cross all my Ts and dot all my Is on that. Any fees I may not be thinking about? I know the ones for the Sheriff's Department, process server, etc. And I know how to calculate each and every day of interest. Has anyone used an attorney to do this? Since it's on their dime, is there any reason why I shouldn't? Thank you for your reply.
  23. Thank you so much for all of your help! I found the page about collecting a judgement that is applicable to my county. They are in another state, but their bank has locations here. From what I've read so far, I should be good to do a levy by serving a branch here if they don't pay within 30 days. I plan on letting sleeping dogs lie. They didn't show up for court although they were properly served in time.
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