ADSOFT

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Everything posted by ADSOFT

  1. I just want to make sure I have merit. I don't want the judge to say, ...well you should have filed a motion to compel. There are two instances in which they didn't serve notice. ... do you think that would MERIT such a motion. btw, what would be considered "due diligence"?
  2. Here is more info, that applies to local rules: .. I think the key word here is "due dilegence". Would not sending notice to the defendent after the court ordered it be considered lack of "due diligence" and fall into this category? http://www.occourts.org/directory/local-rules/2009/09Div3.pdf
  3. The court ordered plaintiff to give notice of the trial date and I haven't recieved notice. This is the second time that the Plaintiff failed to give notice. Should I file a motion for sanctions? Here a thread where a member asked for sanctions against Plaintiff. http://www.debt-consolidation-credit-repair-service.com/forums/showthread.php?t=300397&highlight=sanctions I'm not sure if I'm excluded from sanctions since I didn't file a cross complaint.
  4. Here is a case in California that talks about it. It looks like you have to serve them but you don't have to file them. This will answer your question for sure. 1) Send letter to protect yourself 2) Go to the Law Library and ask the librarian that you know if you have to serve the Interrogs or just mail them. They tried to pull the same crap on me, and get me sanctioned and a motion to compel, ....but they failed to serve me a notice of a hearing. So got the sanctions and motion to compel reversed. ... go get them. Do your home work, go to the Library, Post the Interogs that they sent you or will send you. ... Get that letter out!!!
  5. I'm not sure, but I believe they are supposed to serve you. If not then NASCAR is probobly (I say that becuase I don't know the laws in your state) right, all you have to do is call the Lawyer (write him a letter is better, so you have proof) and tell him you haven't recieved interogs. Learn about motion to compel and motion to deem answers admitted. If you didn't recieve interoggs, whip out a letter ASAP: It might just save you $10,000!!! Good luck.
  6. If you apply for credit and get denied you should automatically get one. I THINK you are also entitled to a free one every year. Look it up: Free Credit Reports California.
  7. I think they have to file a motion to compel first or motion to deem answers admitted. I would answer the interogs before the hearing and be prepared to fight MSJ. You can say that you didn't understand civil procedure, and use excusealbe neglect. You have nothing to lose by answering now, and preparing to defend MSJ. You might have to file you Answer to MSJ or something along those lines. Don't count yourself out, but answer those interogs. How much are they suing you for?
  8. I think you have to ask for Docs first, the Motion to Compel, then Meet and Confer then MSJ. It's probobly too late for that. Why did the judge not grant your motion to dismiss??
  9. You have to learn the ELEMENTS OF BREACH OF CONTRACT. Look it up on the internet. If you are dealing with a JDB, you first want to attack the Affidavit and make sure it throws out the bILL OF sALE. w/O A bill of Sale, no deal. If the Affidavit gets admitted, then you have to attack 1. bill of sale, alone. 2. Elements of Breach of contract 3. Tila requirements. They need to prove every penny which would require all the statements. Even if they produce statements say you can't recall because it been to long, with out the COR/Suprevisor of Records to testify they are authentic you don't recall. Bill of Sale and Elements of Breach of Contract, btw, the templates to fight MSJ will usually attack the above. And, why did they lose their MSJ, what were they missing that the judge didn't grant them their MSJ?
  10. Here is a case the got dismissed W/O pred. 30-2009-00272362-CL-CL-HNB Orange County court. Maybe Gary can help you figure out what happened. .... I would PM hm. https://ocapps.occourts.org/civilwebShopping/DisplayCaseInformation.do?caseNbr=30-2009-00272362-CL-CL-HNB&src=case_src_dtl#top_page
  11. If plaintiff says Cap1 it's Cap1. The attorneys might get a cut of the settlement, but Cap1 is probobly going to pull all the records. However, I would not worry if they come up with all the records, they have to prove every penny. .... and there are stilll some areas they might slip. Do your homework. Another thing you can do is find out when trails are heard in the court room you will be going to your Case Mang Hearing. Check the calender on line every week see if anyone has taken Cap1 to trial, then go to the court house and pull up all the docs. You will see how they fight. If a case goes to trail you know that they answered and couldn't have an MSJ granted against them. Also check when motions are heard in your room and see how the defendents answered. This will tell you alot about what kind of resources Cap1 puts up as an OC in court. Don't let them intidate you.
  12. You might want to look up what comes up under ASSIGNEMENT LAW TENNESSE in google.
  13. There is a standard discovery form with specific questions for Contract cases, you might get a member to recommend that form to you. When I get back in my office I will post the number of the form. It has some very good questions.
  14. Wow, all you would have to do is send them interoggs to admit that debt is assigned. If they don't respond then Motion to Deem Answers Admitted and you go them. They still have to prove bill of sale: ... you can do request for docs. No bill of sale no deal. Wow, you have this case in the bag. lol
  15. I'm interested in the KY law states they can't sue for more than they paid for the assignment. Do you have a copy of that law?
  16. Look, let's say I'm suing you for not paying a CC. You file an MSJ because I didn't provide evidence. We go to court and judge says, you haven't provided a Bill of Sale so unless you can get a Bill of Sale you will lose. So I tell the Judge, "Ok, I will have on by Trail Date". Guess what, I go get the Bill of Sale, I win at Trial , and "You Owe Me $$$". That's why I don't push them to get all the evidence, I just work on shooting down thier evidence at trial and hope they are too lazy or dumb to get what they need to win.
  17. The plaintiff in my case tried to do that: Have the judge strike my answer and get default judgement. I went and read the court history on my case and it turns out that the judge ordered them to serve me notice of the hearing in which I was to compel answers but the never served me. I filed a motion to block thier request, and the motion was blocked at the hearing. I haven't read you whole thread but they should have filed a motion to compel. Make sure they served you all the notices. If not that might be grounds to reverse the default judgement.
  18. I think you would have to file a counter MSJ, but that might just push them to get the evidence they need. However there are some people who have won with an MSJ by the defendent, usually against JDBs. IMHO, the more you ask for evidence the more they will go look for it. I'm of the opinion to learn how to block thier evidence at trial and motion for them to show you what they have before trail to form a defense or settle if you know for sure they are going to win.
  19. I think MSJ is want you want to do. I looked heavily into motion to dismiss, but no such thing. You have to do a motion to compel first, then MSJ(Motion for Summary Judgement). But it might be different in your state. Is there such a thing as Motion to Dismiss by the Defendent. Usually only the Plaintiff or Judge can dismiss a case.
  20. Yep, that's what I have to do is DV Midland. I should also ask what the last payment date is.
  21. I had a car loan with CitiFinancial. CitiFinancial either sold or had Santandeer Usa collect the debt. At one point I had 2 tradelines on my report for the same account: 1) Citifinancial 2) Santandeer. I paid off the car loan and now Santandeer is off my CR and Citifinacial shows account closed. Does anyone have Santandeer or Citifinacial auto on their credit report. If so how are they posting on your credit report.
  22. Yep, I want to see if I can push it off faster. I'm not sure what the rule is tho. Do you count the 7 yr perior after the last payment, or 6 mos. after the last payment?
  23. Hmm, so even if you get CCP 98 to rule out the evidence, and the motin in Limine, IF a lawyer shows up you should be prepared to get on the stand? They did the same to BidSx, but the judge told the lawyer in that case that it would be tough to win with out a Bill of Sale. Jewel what did the lawyer ask you? I can't see what you could admit that would get past the BILL OF SALE requirement.
  24. Thanks BV, But, yep I have to do a DV, What I find wierd is that my FICO took a hard hit. They first reported in December, but the last payment is 4/2004. Should that be reported? I would think it shouldn't bring my Fico down much?
  25. That's fine, all you want to do is answer. In my opinion all you want to do is get to trial. Look at it this way, in small claims both parties come with all their evidence. In Superior you get to see all evidence(if you use CCP 96, look it up) before trial and witness. Cititbank is notorias for getting a deposition from thier COR who is in South Dakota, I doubt he/she will come in if you subpeona them. All you have to worry about is answering your interogs, and fighting off a summary judgment, which they most likely won't do because a general denial will force them to prove too much. Most of here beat MSJ with the stuff we have. Once at trial, you will subpeona the witness, most likely will not show up and you win. Just make sure you answer all your interogs and go to the sticky section and read all the templates on how to defend MSJ. ... I want to see Citibank go down.