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bena

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bena last won the day on June 30 2008

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  1. http://legal-dictionary.thefreedictionary.com/meet+and+confer meet and confer n. a requirement of courts that before certain types of motions and/or petitions will be heard by the judge, the lawyers (and sometimes their clients) must "meet and confer" to try to resolve the matter or at least determine the points of conflict. This has the beneficial effect of resolving many matters, reducing the time for arguments, and making the lawyers and clients face up to the realities of their positions. http://california-discovery-law.com/discovery_act_outline.htm MEET & CONFER DECLARATION 2016 .040. A meet and confer declaration in support of a motion shall state facts showing a reasonable and good faith attempt at an informal resolution of each issue presented by the motion. Your "meet and confer" letters will show the judge your good faith attempts of asking plaintiff to respond to your requests. Here is an example: (quote the CCP accordingly to what you did request ) Dear Scumbag Attorney: I am the defendant in the above-referred case. Per the rules in Code of Civil Procedure § 94, your client, LVNV Funding LLC, was served with a Request for Production of Documents on Feb 25, 2008, 30 days ago. Although you have filed a Complaint on their behalf, you have not responded to any of my request for Discovery. This letter asks you to please forward the discovery request to your client as your legal representative duty requires and respond to my requests by Apr 4, 2008. If I do not receive your response by Apr 4, 2008, I will file a motion in court to obtain compliance and sanctions as provided by Code of Civil Procedure §§ 2030.290 ( and §§ 2023.010. I trust we can keep from wasting the court’s time by your simple cooperation. Yours truly,
  2. http://legal-dictionary.thefreedictionary.com/meet+and+confer meet and confer n. a requirement of courts that before certain types of motions and/or petitions will be heard by the judge, the lawyers (and sometimes their clients) must "meet and confer" to try to resolve the matter or at least determine the points of conflict. This has the beneficial effect of resolving many matters, reducing the time for arguments, and making the lawyers and clients face up to the realities of their positions. http://california-discovery-law.com/discovery_act_outline.htm MEET & CONFER DECLARATION 2016 .040. A meet and confer declaration in support of a motion shall state facts showing a reasonable and good faith attempt at an informal resolution of each issue presented by the motion. Here is an example: Dear Scumbag Attorney: I am the defendant in the above-referred case. Per the rules in Code of Civil Procedure § 94, your client, LVNV Funding LLC, was served with Request for Production of Documents on Feb 25, 2008, 30 days ago. Although you have filed a Complaint on their behalf, you have not responded to any of my request for Discovery. This letter asks you to please forward the discovery request to your client as your legal representative duty requires and respond to my requests by Apr 4, 2008. If I do not receive your response by Apr 4, 2008, I will file a motion in court to obtain compliance and sanctions as provided by Code of Civil Procedure §§ 2030.290 ( and §§ 2023.010. I trust we can keep from wasting the court’s time by your simple cooperation. Yours truly, Your "meet and confer" letters will show the judge your good faith attempts of asking plaintiff to respond to your requests.
  3. California Code of Civil Procedure section 96 http://www.aroundthecapitol.com/code/getcode.html?file=./ccp/00001-01000/90-100 (The request shall be served no more than 45 days or less than 30 days prior to the date first set for trial, unless otherwise ordered. If you served the Request for Statement of Witness and Evidence too early, they will legally ignore it. However, they should respond to interrogatories, request for documents and requests for admissions within 30 days. These requests can be served as soon as you file your answer. After 30 days, you should send a "meet and confer" letter demanding for responses within a deadline. If they still won't respond after a second meet and confer letter, then you can file a motion to compel for discovery.
  4. While waiting to get served, why don't you go to the court house and get a copy for yourself. It's public record, not only you but anyone can access the summon and get a copy. After that post more information here so anyone can give an opinion. A general question will go no answer because of lacking information such as the date of your last payment and who is suing you.....etc.
  5. You shoult try this http://whychat.5u.com/arbltr.html#MOTION Motion To Deny Arbitration Award The following format may be used to prevent the entry of an arbitration award , or to defend against an existing entry. This is a GENERIC form, and you MUST obtain your own Court's guidelines for submitting any motion. Use the sections in ITALICS to replace the sections underlined [Name] [Address] [City state zip] [Phone] [Creditor or Collector] ATTN: [Attorney] [Address] [City state zip] [Date] Re: [Plaintiff v. Defendant]; Case No. _____ COURT STATE __________________________, PLAINTIFF, v. Case No. ___________ __________________________, DEFENDANT. _____________________________________/ DEFENDANT'S MOTION TO DISMISS APPLICATION TO CONFIRM ARBITRATION AWARD, VACATE ARBITRATION AWARD AND FOR STAY OF PROCEEDINGS Now comes this defendant, [NAME], and respectfully moves this court to dismiss plaintiff's application to confirm arbitration award, vacate arbitration award and for stay of proceedings thereon for the reasons herein: ____________________________ COURT ________________________ STATE Re:Notice Of Arbitration Award(attach copy) MOTION TO BAR APPLICATION TO CONFIRM ARBITRATION AWARD, AND FOR STAY OF PROCEEDINGS Now comes this defendant, [NAME], and respectfully moves this court to BAR any application to confirm attached arbitration award, and for stay of any proceedings thereon for the reasons herein: 1. There was no valid written undertaking to arbitrate. There was no authority to arbitrate since the alleged arbitration provision was induced prior to any disputes. 2. There was fraud in the inducement of that undertaking, as it was a contract of adhesion. 3.The dispute was nonarbitrable. 4. Arbitration was rejected (exhibits attached) 5. Plaintiff did not waive any notice requirements or participate in the arbitration proceedings. 6. The arbitral tribunal conducted its proceedings unfairly and at an incovenient venue in contravention of the FDCPA and State Consumer Protection Statutes. 7. The award obtained is contrary to public policy and consumer protection laws of the United States and of this State. 8. Plaintiff's objective in bringing this claim into arbitration was to unlawful ly escape the formal rules of evidence, discovery and due proccess. The arbitration process is inherently prejudicial to any defense because of these factors and substantially impairs any consumer defendant's right to a fair and impartial hearing. WHEREFORE defendant respectfully requests an order dismissing plaintiff's application to confirm arbitration award, to vacate arbitration award and for stay of proceedings thereon. WHEREFORE defendant respectfully requests an order barring any application to confirm this arbitration award, and to stay any proposed proceedings thereon. DATED this ___ day of [month] [year]. ________________ [Defendant] [Address] [City state zip] CERTIFICATE OF SERVICE I [defendant] hereby certify that a copy of the foregoing was mailed to plaintiff's attorney, [attorney], by first class mail to: [address; city state zip] this ___ day of [month] [year]. By _______________________ Add your State's Notarization Jurat Here: ________________________Signed ________________________Notarize
  6. You don't need this form to answer. It's for convenience. For long answer, you should use a pleading paper which is available in Microsoft Word. Here is an example you can look at as a template. Look at the answer paper of the lawyer. http://public-access.riverside.courts.ca.gov/OpenAccess/civil/civildetails.asp?casenumber=021285&courtcode=A&dsn=&casetype=HEC First click this link, then login as guess, then click this link again, it will show the case docket, otherwise, you have to search for the case number.
  7. You should answer within 30 days http://californiadiscovery.findlaw.com/DISCOVERY_ACT_OUTLINE.htm#2016.010 2030 .260. (a) Within 30 days after service of interrogatories, or in unlawful detainer actions within five days after service of interrogatories the party to whom the interrogatories are propounded shall serve the original of the response to them on the propounding party, unless on motion of the propounding party the court has shortened the time for response, or unless on motion of the responding party the court has extended the time for response. In unlawful detainer actions, the party to whom the interrogatories are propounded shall have five days from the date of service to respond unless on motion of the propounding party the court has shortened the time for response
  8. You seem to be confused what can be used as evidence. This article has nothing to do with your case as it's irrelevant. You can only used what is only related to you and plaintiff in the case as evidence. Similarly, plaintiff's attorney cannot use your credit report which has other defauted accounts as evidence against you.
  9. Here are discovery tentative ruling from California. Read these ruling will help you understand how to proceed to compel for discovery successfully. Discovery rules for Florida should be similar as California when one side doesn't comply to discovery request. http://www.sccsuperiorcourt.org/civil/trulings/Dept7/8.30.pdf http://www.sccsuperiorcourt.org/civil/trulings/Dept7/10.00.pdf
  10. Most California's courts have case online. You can look at similar cases that were closed, then go court's record unit and ask to look at these files and make a copy of a settlement brief. After that, edit it to fit your situation. Court records are public accessable, you only need to fill a case number in a form, then give a clerk your driver lisence while reading these files. The clerk will copy whatever you request at a cost of may be $1 per page. Or you can go to a law libarary and look for a sample.
  11. I was sued by LVNV funding over $7,000. It's short of out SOL in 20 days when they filed the suit. However, I still raise SOL as a defense; the point is burden of proof is on plaintiff, they have to prove this debt is yours. This JDB has a reputation of filing frivoulous suits without evidentary support, mostly win by default when their victim ignore court paper or don't bother to contest. Before I got information about LVNV Funding all over internet, I were scared to death when receiving the summon. Here were what I did: -Look for an attorney: too expensive, almost the same as the debt. -Look for a debt negotiation service: has to pay $700 in advance and no guarantee to get 60 to 70% of the debt. After that, I have to pay 10% of the bargain. -Contact plaintiff's attorney: has to pay $2,000 in advance, then $200 a month afterward. Finally, I decided to defend as pro se. Be aware that it's very time cosuming when you have to learn everything such as court rules and procedures, but the reward is priceless. With the help and information from this forum and others, I was able to defeat them in court. Knowing that most JDBs don't have valid document, I attacked them by asking for documents, even getting a court order granted regarding discovery. LVNV funding's attorney fianally filed a Request of Dimissal because they won't be able to provide a single piece of evidence to prove their claim. That's it from my experience. My expense was only around $200 for certified mail, return receipts, a lot of paper to print, and time spent on the internet to learn and searching for information.Court fees was waived so I didn't have to pay a penny. However, the knowledge I have gained to defeat LVNV funding is worth the effort, and I feel confident now to face any JDBs. Good luck !
  12. http://www.ago.state.co.us/UCCC/PDF/uccc2007.pdf Search for Colorado §13-80- 101 to 103.5 Credit Card accounts are 3 years. http://www.fair-debt-collection.com/SOL-by-State.html#6 CRS 13-80-101. General limitation of actions - three years (1) The following civil actions, regardless of the theory upon which suit is brought, or against whom suit is brought, shall be commenced within three years after the cause of action accrues, and not thereafter: (a) All contract actions, including personal contracts and actions under the "Uniform Commercial Code", except as otherwise provided in CRS 13-80-103.5. ( Repealed. © All actions for fraud, misrepresentation, concealment, or deceit except those in CRS 13-80-102(1)(j) or CRS 13-80-103(1)(g). (d) and (e) Repealed. (f) All actions for breach of trust or breach of fiduciary duty; (g) All claims under the "Uniform Consumer Credit Code", except CRS 5-5-201(5); (h) All actions of replevin or for taking, detaining, or converting goods or chattels, except as otherwise provided in CRS 13-80-103.5 .... CRS 13-80-103.5. General limitation of actions - six years (1) The following actions shall be commenced within six years after the cause of action accrues, and not thereafter: (a) All actions to recover a liquidated debt or an unliquidated, determinable amount of money due to the person bringing the action, all actions for the enforcement of rights set forth in any instrument securing the payment of or evidencing any debt, and all actions of replevin to recover the possession of personal property encumbered under any instrument securing any debt; except that actions to recover pursuant to CRS 38-35-124.5 (3) shall be commenced within one year; ( All actions for arrears of rent; © All actions brought under CRS 13-21-109, except actions brought under CRS 13-21-109 (2); (d) All actions by the public employees' retirement association to collect unpaid contributions from employers for persons who are not members or inactive members at the time the association first notifies an employer of its claim for unpaid contributions. This paragraph (d) shall apply to causes of action as provided in CRS 24-51-402(2) (e) All actions brought for restitution and civil penalties pursuant to CRS 26-4-1104.
  13. Verification is useless when plaintiff filed a suit. Instead use Request for production documents by discovery after filing your answer. They have only 30 days to response by discovery rules. If there isn't any response after 30 days, you can send a good faith letter ( require to show the court your good faith attempts) to remind them a compliance and demand a response before a certain date ( 10 or 15 days). If they still don't comply, you can file a motion to compel and seek monetary sanction and court order. That how it works in my case to defeat a JDB who cannot provide a single piece of paper to prove a debt is mine. If your debt is out of SOL, I believe you won't go that far. Just your Answer , which raise the SOL as affirmative defense, is sufficient enough to defeat them. Some JDBs will fold easily when defendant contests their claim.
  14. Any defense you have should be in your answer, otherwise you cannot use them as oral arguments in trial hearing. This is the formm you can use for your Answer http://www.courtinfo.ca.gov/forms/fillable/pldc010.pdf You should spend time to read samples of answer here, then apply to your situation. A proper answer may stop them right away and lead to a volutary dismissal or by using discovery as my case: a JDB voluntarily filed a Request of Dismissal before the deadline to provide documents by court order. They had evaded my request until I got a court order to force them to comply. Most JDBs file frivoulous suits and just hope that their victims don't answer so they can get an easy default judgment. Here is a good reference: Win Your Lawsuit A Judge's Guide to Representing Yourself in California Superior Court http://www.nolo.com/product.cfm/objectID/53E4D869-0A35-4D7D-BEE24CF4EC2E9C47/104/308/ This book is only $25 by download, it will not guide you to an agressive defense as in this forum, but it will help you a general idea how to defense as Pro Per. From my experience, it helps me to know what need to do and understand court procedures, but in general, don't expect this book will give a specific advice how to defense because the author is not allowed to do so.
  15. This should be an easy win case. Look for samples in this forum for Request Document, Interrogatories, and Admission for discovery after filing your answer. Sample Answers also are available. Here is a reference of SOL in IL so you can have an idea how to use it http://www.illinoislegalaid.org/index.cfm?fuseaction=home.dsp_content&contentID=5834 A statute of limitation sets a deadline for suing. It’s designed to get cases into court when evidence and memories are still fresh. If a case is “stale,” and filed too late, it can be dismissed. Since there should be a written cardholder agreement somewhere behind a credit card debt, the statute of limitation on that debt should be 10 years. If you’re sued 10 years after your last payment, you can get the case dismissed. That’s how a statute of limitation works. It’s a defense, which stops the case, but only if the defendant raises it. It doesn’t stop a plaintiff from filing the case in the first place, or from getting a judgment if the defendant doesn’t say anything. This is your Affirmative Defense: Plaintiff’s lawsuit is barred by Code of Civil Procedure Section 337. http://law.onecle.com/california/civil-procedure/337.html Within four years: 1. An action upon any contract, obligation or liability founded upon an instrument in writing, except as provided in Section 336a of this code; provided, that the time within which any action for a money judgment for the balance due upon an obligation for the payment of which a deed of trust or mortgage with power of sale upon real property or any interest therein was given as security, following the exercise of the power of sale in such deed of trust or mortgage, may be brought shall not extend beyond three months after the time of sale under such deed of trust or mortgage. 2. An action to recover (1) upon a book account whether consisting of one or more entries; (2) upon an account stated based upon an account in writing, but the acknowledgment of the account stated need not be in writing; (3) a balance due upon a mutual, open and current account, the items of which are in writing; provided, however, that where an account stated is based upon an account of one item, the time shall begin to run from the date of said item, and where an account stated is based upon an account of more than one item, the time shall begin to run from the date of the last item. 3. An action based upon the rescission of a contract in writing. The time begins to run from the date upon which the facts that entitle the aggrieved party to rescind occurred. Where the ground for rescission is fraud or mistake, the time does not begin to run until the discovery by the aggrieved party of the facts constituting the fraud or mistake. Where the ground for rescission is misrepresentation under Section 359 of the Insurance Code, the time does not begin to run until the representation becomes false.
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