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kenpo1980's Achievements

CIC Member

CIC Member (4/6)



  1. I know this has probably been asked thousands, and if you have a thread you want to direct me to feel free. So, I have a fortunate situation in which a generous relative is offering to help me pay off my bad debt so that I can start the process of rebuilding my credit score but I am not sure how to begin this process. To cut to the chase I have about $16,000 in written off debt that is with third party collection agencies. $10,000 of this is from pay day loans, yes I know how bad these are, $5500 is from credit card debt and about $500 is from past medical bills that I completely forgot about. Most of the debt on my credit report looks legit Since these collections agencies seem to pride themselves on scare tactics, and deception, I am wondering how best to approach them and how much I should realistically be offering to pay given that the damage to my credit is already severe and knowing that most of these companies probably paid pennies on the dollar for these debts. The Pay Day Loans have gone third party within the past six months so they are very "fresh" but the credit card, and medical debts, are 3-5 years old but, none the less, are still getting reported. Funds are not unlimited, and I am realist in terms of my credit score, but, at a minimum, I would like to stop the harassment and stop these debts from continuing to be reported. I am not disputing the debts but, on the other hand, I don't want my relative to shell out $16,000 when I could have settled this debt for fraction of this and gotten the same outcome in terms of my credit score. Any advice will be greatly appreciated. Thanks!
  2. I had the same issue but I don't think it really matters as much with cases certified for publication. I just mentioned it as follows: The recent California Appellate decision in Sierra Managed Asset Plan v. David Hale (appended hereto as Exhibit A) filed on 8/20/2015, and certified for publication... It also didn't heart that the judge was in front of was one of the author's of the opinion;-)
  3. Thanks again to everyone for all of the positive feedback. It is truly how amazing the law can be when you know how to use it correctly.
  4. Thanks! And thanks for the form. I spoke to a friend of mine, who is an attorney, and she thought it was just a pleading form that I prepare for the judge to sign.
  5. Thanks! Does anyone know what form I need to use for the order of dismissal. The judge asked me to file one with the clerk of court. I am in Cali, by the way. Tx!
  6. Hey all, Well it was a good thing I checked my calendar, and spent all day Sunday preparing, because it turned out my trial was today and I won! So, first, let me thank everyone who helped me out here, with a special shout out to Anon, qbert and shellieh98. So just to let everyone know how this whole things went down. I spent Sunday preparing all of my objections to the CCP 98 and i showed up at the court first thing this morning to file this with the court. I then preceded to the assigned department, checked in and sat down. There were only a few cases in front of me and most of them were handled very quickly. It was finally down to me and one other guy waiting for the JDB attorney who was in another department on another case. When she finally showed it was the same lawyer from my CMC and she was ready to proceed immediately. The case for the other guy went up first and I felt so bad. He was not represented, had no understanding of the legal process and basically stated over and over again that he owed the money - I just wanted to yell "shut up and stop talking!" As in my case the JDB provided a Declaration pursuant to CCP 98, to which did not object, no matter how much the judge tried to help him, and the JDB won. So I went up, and immediately the judge started referring to the objections I had filed on the CCP 98. He did not even address the subpoena issue and started hammering the JDB attorney on how this custodian could possibly testify to the validity of the records. He then started grilling her about the fact that the Declaration only referred to the original creditor but the Affidavit was from the second creditor and that there was no proof of chain of title. She then asked for a continuance, and I objected. The judge asked why she needed one and said this was the day for trial and she should have brought the witnesses. She then made the comment that she was not aware of these objection and that people usually file them first, which I knew the judge would hammer on. He came back and said again that this was a trial and that I could object to evidence as it is admitted. Finally, he said to prepare an order for dismissal and file it with the court. Pretty awesome!
  7. Thanks Anon. Actually there was a case that came out on 8/20 from the court of appeals, Sierra v Hale. It was virtually and identical situation to mine. In this case the Declarant showed up so the CCP 98 objection was moot. In a nutshell the court said you can't use declarations from custodians with no personal knowledge of the records. So basically JDB can't just have their own custodian testify. This case is certified for publication which means it can be cited.
  8. Excellent Anon. Thanks! Also, I have to admit that after spending all of this time preparing I feel pretty positive about my chances and I have you and everyone else here to thank for that. Really this case should be dismissed immediately because of the improper CCP 98 or the Sierra case. And, I guess that brings one last question. How do I handle discussions with the opposing counsel? Are they likely to try and offer a settlement before trial, obviously I would not consider anything over 50% since they already offered a 30% settlement, but, if they do, am I better off taking my chances with the trial to see if I can get everything tossed? The judge who has my case does not seem to have much of a track record in collection cases, that I could find anyway. And I am just wondering how likely he would be to deny an objection firmly based on a recent decision by the court of appeals.
  9. Okay so I am pretty much done with my list of objections/trial brief and it occurred to me that I have no idea what it cost to file this with the court and if I actually have to file it before trial. I checked on the court website and I did not see anything listed for filing of objections or a trial brief so I am wondering if it is free or if it falls under those $60 filing fees. Also, in court what is the etiquette for giving a judge a trial brief. Do I just ask to approach or do I try to do just as the clerk? Tx!
  10. Thanks those are excellent document!! So, and I know I have asked this before, but are there any objections I can't raise, or present on the day of trial? In other words, even though it would have possibly saved me this whole headache of even going to trial in the first place had I done these objections before they are not "waived" at this point, correct? In other words, the only way I would waive these if I did not present these at trial.
  11. Yes, their offer of 30% to settle this close to trial seems a little low. If there were confident they would win I woud have assumed they would have perhaps come back at like 80% or something. I am really just writing a statement of my objections, which I guess is kind of like a trial brief. I do have quite few examples from California of objection only pleadings but if you have any samples you want to share let me know . Also, and I know it's not this easy, but just on the Sierra v Hale case alone the judge should completely keep out the declaration. I am actually going to bring copies of that case since it is not yet available anywhere but on-line.Tx!
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