• Content Count

  • Joined

  • Last visited

Community Reputation

10 Good

About jgatine

  • Rank

Profile Fields

  • Location
  1. Just keep in mind that Midland is a paper factory. They will not show up with the correct paperwork. They do not have it. Keep records of every phone call from them. Request all communication be done in writing. I beat them with the paper game. Play it and you will too.
  2. Today I went to court to fight it out with Erica Brachfeld. She was trying to recover money for a loan that was past SOL. I went through all of the correct procedures, filed ANSWER, Cross Complaint on federal and state violations, Called within 30 days to discuss mediation, filed mediation paperwork 15 days prior. The easy stuff. On April 23 some attorney called me on her behalf and wanted information about the case from me. I told her that if she was helping Erica Brachfeld then she would need to get information from her or the county court house. She told me she was going to help me. LOL W
  3. I just checked with my courthouse and I can still amend my answer to include a cross complaint for federal and state (California) violations. Here are the violations. Please let me know how I want to word this. 1) Reported 3 times to credit boards under 3 different names and 3 different amounts. 2) Harassment by telephone 3) Continued collection calls after DV letter sent and confirmed. 4) Obscene language by collection employees 5) Misrepresenting amount 6) Collection of time barred debt 7) Told by collection employee they would seize my vehicle to pay the debt. 8) They are adding fee and i
  4. I came across this link for California Case Management. Seems pretty helpfull. http://www.mercedcourt.org/adr.nsf/CMCPolicy.pdf
  5. Not sure about NY laws. But in California you just have to file the answer. You will then have to show proof of service. This can be done by a 3rd party. Not you. Then take the proof of service to the court clerk and file it also.
  6. I found a list of fdcpa violations is there a list or link to a list for fcra violations? I want to file my counter-claim today.
  7. Just got off the phone with the California state bar association complaint line. The have informed me to file a complaint in writting and that they would be very interested in investigating Martin Brachfeld. When I told they that the phone number that is on my summons is a direct number to his office and that on his voice mail he identifies himself as an attorney they told me to make sure to send it in and that they were going to go ahead and start an investigation on the matter before they received my letter. Then I let them know that Erica Brachfeld was the filing attorney on my summons wit
  8. Another interesting link I found from there own web page. It states there entire time line from start to finish for court. http://www.brachfeldcollections.com/forms/litigation_program.pdf
  9. This is the name of the guy that answered the phone when I called for Case Management conference. Very Rude Guy. Martin Brachfeld - #81548 Current Status: Not eligible to practice law (Not Entitled) See below for more details. Profile Information Bar Number 81548 Address P O Box 6062 Westlake Village, CA 91359 Phone Number (818) 342-9287 Fax Number Not Available e-mail Not Available District District 6 Undergraduate School Long Island Univ; Long Island NY County Ventura Law School San Fernando Valley College of Law; Woodland Hills CA Sections None Status History Effective Date Status
  10. New update************** I just tried to contact the attorney for Brachfeld and Associates. The person who answered stated that he was an attorney. When I asked for his state bar number he told me it was public record. I told him I was calling on behalf of the case management. He tried to get me to admit to the debt over the phone. Then hung up on me. Guess that is what I will put in my case management conference statement. He called back and yelled at me to not contact his office again. Told me there was no case management date set yet.(I am looking at the papers from the court as I type th
  11. Yes you will file them both at the same time. If it is later denied you can ask that the judge allows payments for court costs. If you win your case then you can ask for the filing fees to be paid for by the plaintiff. Make sure to put that in your answer at the bottom.
  12. In California do I need to file for production of documents, interrogatories before going to case management?
  13. While doing research today I ran across this page. It spells out the California process. http://www.alameda.courts.ca.gov/selfhelp/Civil/plaintiff%20and%20Defendant.html
  14. Yes in California it is based on the amount you are being sued for. Can be up to 250 dollars. You can apply for a fee waiver if you cant afford the fees. The clerk will give you all the paperwork to get the waiver if needed.
  15. My wife just called me at work to tell me that the same guy that served her the first time tried to serve me again. This time he did not give it to her. Does this mean that he did the first service incorrectly? He served her. She does not have the same last name and did not identify herself as my wife. They have yet to file with the court a service certification. Would it be a violation to serve the wrong person even if she is my wife? I am sure he is waiting outside my house waiting for me to get home tonight. Are there hours that they can serve me? He identified himself as an officer of the