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GCW

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Everything posted by GCW

  1. sorry I should have clarified the repair. It was a cable that was buried in the yard that was split. They say we caused it, however we had just moved in and the cable never worked right until the repair.
  2. I should have clarified. This is a small local cable company and they bill separate from my cable/phone bill, which is always paid. I just feel like they are screwing me and I am not sure how to fight it
  3. Ok folks, here is what I have. Last NOV 2009 we moved into our home. About a week or so later the cable went out. We called and the guy came. He came to the door and looked at the tv etc, went out came back said its in the cable outside I will fix it. End of discussion. Cable fixed a bit later. 6 months later we get a bill for cable repair. I send them a letter stating that we never authorized the work nor were we aware there were going to be any charges for said repair. They reply stating that they are not required to inform us for and charges for repair. We go back and forth and now they sent me to collections for this. I got a dunning letter today from the collection agency. Now mind you I have 3 times in writing requested they provide me a bill I signed approving the work and they never produced said bill. Question is does the CA get the standard debt validation letter or do I tell then what I have listed here? Thanks
  4. I have a "lawyer" who is trying to collect on an old medical bill. Its over 4 years old so if I am correct its past SOL in California ?? If I am right, what do I send them? THX
  5. All the proof of service is is mailed via first class mail and its signed by someone in that office. I know that because its the same name as signs for my CMRRR stuff when I send it to them. So if I am correct I can send this as is them show I lived at the new address since July 10 and I can get it vacated Thanks
  6. can anyone help? also where do I get an exemption to wage garnishment form and how is it filed? Like a motion? Thanks
  7. We have gone cash, also have an account at another bank. As far as adding fact, on the amended complaint they provided copies of statements but no signed agreement. Not sure what to put in there to rebut. I would like to get this default thrown out so I can arbatrate. Wouldn't this motion as is be enough to get me in front of the judge so I can explain that I would just like the chance to provide and answer? Help?
  8. I was told by the court it was default judgment. I answered the first complaint them nothing for like 2 months, we moved, I notified court and cap one attorney then come to find out about default judgment on amended complaint. I have not seen summary judgment package they sent, seems they FAILED to send me a copy.... SO, what would my next step be? I live to far from the court now to go look at the paperwork. Do you think I can send it in as is and it will fly? I really just want to get this back to where I can file and answer to the amended complaint then I am hitting them with Arbatration. Would it be alright to include something like I would like to be provided with time to file and answer to the amended complaint in this motion? Thanks
  9. ME SUPERIOR COURT OF CALIFORNIA County Ofxxx Capital One Bank N.A., Plaintiff, vs. me Defendant ) ) ) ) ) ) ) ) ) ) ) ) Case No.: No. xxxx NOTICE OF MOTION TO SET ASIDE DEFAULT JUDGEMENT, MEMORANDUM OF POINTS AND AUTHORITIES AND DECLARATION OF DEFENDANT To: Plaintiff, Capital One Bank PLEASE TAKE NOTICE that on xx, 2010 at 10am, or as soon after that as the matter can be heard, defendant will move to set aside the default and any judgment thereon taken against the defendant in Department 8 of the above entitled court located at 123 main This Motion I made pursuant to CCP:473 and is based on the following grounds: IMPROPER SERVICE OF THE DEFENDANT DATED THIS 3rd DAY OF DECEMBER, 2009 me MEMORANDUM OF POINTS AND AUTHORITIES In present case, defendant was not served with an amended complaint by the Plaintiff. Defendant moved on July 10, 2009 and notified the Plaintiff and this court in writing of new address.(EXHIBIT A) Defendant only became aware of this default judgment against him on December 1, 2009 after placing a call to the court. A. THERE HAS BEEN NO PERSONAL SERVICE ON THE DEFENDANT CCP Section 415.10 provides in pertinent part as follows: “A summons may be served by personal delivery or of a copy of the summons and complaint to the person served. Service of summons in this manner deemed complete at the time of such delivery.” In this case, as shown in the attached declaration of the Defendant, there has been no personal service. B. THERE HAS BEEN NO SUBSTITUTED SERVICE ON THE DEFENDANT CCP Section 415.20 subdivision ( provides that a copy of the summons and complaint may be left at the Defendant’s household, in the presence of the competent member of the household. “( If a copy of the summons and of the complaint cannot with reasonable diligence be personally delivered to the person to be served…, a summons may be served buy leaving a copy of the summons and of the complaint as such person’s dwelling house, usual place of abode, usual place of business, or usual mailing address other than a US Postal Service post office box, in the presence of a competent member of the household or a person apparently in charge of his or her office, place of business or usual mailing address other than a US Postal Service Post Office Box, at least 18 years of age, who shall be informed of the contents thereof, and thereafter mailing a copy of the summons and of the complaint (by first class mail, postage prepaid) to the person served at the place where a copy of this summons and of the complaint was left. Service of summons in this manner is deemed complete 10 days after mailing. In this case, as shown by the attached Declaration of the Defendant, the requirements of substituted service were not met. For the reasons stated in this Memorandum and in the attached Declaration, the court should set aside the default and any default judgment thereon taken against defendant. DECLARATION OF DEFENDANT I me, declare: I am the defendant in this action. I have personal knowledge of the matters discussed below and if called as a witness, I could competently testify to them. I did not file a timely response to this amended complaint in this action for the following reasons: Defendant was not properly served with the amended complaint by the Plaintiff. Defendant moved from xx County to xx County on July 10, 2009 and notified both the Plaintiff and Court in writing (EXHIBIT A). Defendant was only made aware of this default judgment against him on December 1, 2009 when he placed a call to the court. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Dated By me In Pro Per
  10. I am not sure how to include both in the same motion, really need some help here. Tried searching but cant seem to find the right stuff. After some thought, I realized I have recieved nothing that says they are going after my bank account (which has .87 in it so good luck...and they cant get my paycheck as I got laid off about 30 days ago. So do I need to even worry about that right now? Thanks in advance
  11. Thanks KentWA. I need a bit of help on that issue....anyone???
  12. anyone else? comments, corrections please. thanks in advance
  13. DEC 1, thanks already caught that and corrected on this end. can anyone else review and comment? I want to get this in the mail ASAP. Thanks all
  14. Please review and comment: Also, not sure what I need to add to stop them from trying to get in me bank, unless they have a bunch of stuff to go through before they can do it. Thanks _________________________________________________________________ me 123 USA SUPERIOR COURT OF CALIFORNIA County Of xxx Capital One Bank N.A., Plaintiff, vs. me, Defendant ) ) ) ) ) ) ) ) ) ) ) ) Case No.: No. 000 NOTICE OF MOTION TO SET ASIDE DEFAULT JUDGEMENT, MEMORANDUM OF POINTS AND AUTHORITIES AND DECLARATION OF DEFENDANT To: Plaintiff, Capital One Bank PLEASE TAKE NOTICE that on xxx at 10am, or as soon after that as the matter can be heard, defendant will move to set aside the default and any judgment thereon taken against the defendant in Department 8 of the above entitled court located at xxx This Motion I made pursuant to CCP:473 and is based on the following grounds: IMPROPER SERVICE OF THE DEFENDANT DATED THIS 3rd DAY OF DECEMBER, 2009 me 123 uSA MEMORANDUM OF POINTS AND AUTHORITIES In present case, defendant was not served with an amended complaint by the Plaintiff. Defendant moved on July 10, 2009 and notified the Plaintiff and this court in writing of new address.(EXHIBIT A) Defendant only became aware of this default judgment against him on December 2, 2009 after placing a call to the court. For the reasons stated in this Memorandum and in the attached Declaration, the court should set aside the default and any default judgment thereon taken against defendant. DECLARATION OF DEFENDANT I nnn, declare: I am the defendant in this action. I have personal knowledge of the matters discussed below and if called as a witness, I could competently testify to them. I did not file a timely response to this amended complaint in this action for the following reasons: Defendant was not properly served with the amended complaint by the Plaintiff. Defendant moved from vv County to bb County on July 10, 2009 and notified both the Plaintiff and Court in writing (EXHIBIT A). Defendant was only made aware of this default judgment against him on December 1, 2009 when he placed a call to the court. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Dateed By me In Pro Per
  15. it was default judgement as they filed an amended complaint and we never got it due to our move. I did however cover my @$$ and send change of address info to all involved. SO what do I need now? Thanks all
  16. not sure about #5 and also not sure where to insert the stay request. Motion to Dismiss Summary Judgment ============= IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF XX Case No._____________xxx________ <Collection Agency> Plaintiff Vs. me Defendant(s) MOTION FOR DISMISSAL OF SUMMARY JUDGMENT Comes now the Defendant, me, files this REPLY AND OPPOSITION TO PLANTIFF’S MOTION FOR SUMMARY JUDGEMENT in response to Motion For Summary Judgment filed herein by Plaintiff, CRAP ONE, Inc., as follows: 1. The Motion For Summary Judgment filed by the Plaintiff is insufficient as a matter of law. 2. Defendant was not properly served the Plaintiff's Amended Complaint. Defendant became aware of the judgement on DEC 1, 2009 after placing a call to the court. 3. Defendant notified the Planitff and the Court on change of address on July 10, 2009. (Exhibt 1) copy of letter and proof of service etc. 4. Plantiff also failed to Valiidate debt prior to filing summons and complaint. (Exhibit 2) copy of DV letter and proof of service 5. The Plaintiff has failed to provide the contract, an agreement bearing the signature of the Defendant. Plaintiff would be unable to swear to the authenticity of the originating or source documents of a credit transaction because they do not have personal knowledge of the events which transpired at that period of time in the life of the credit agreement. The original cardholder agreement, any correspondence, and monthly statements issued by the original credit grantor are not admissible as the plaintiff's records, as the plaintiff has no personal knowledge of how those records were created or maintained. WHEREFORE, Defendant, XXXXXXXXXX, respectfully submits that the Court should deny the Plaintiff's Motion for Summary Judgment, filed herein and prays for Dismissal of the complaint by the Plaintiff and any further relief this court deems just and proper. Defendant's motion for dismissal of summary judgment submitted this ___________ day of Dec 2, 2009. __________________
  17. maybe I could find something searching an online CALIF court database of past cases? I live in a remote area and I think the closest law library is about an hour and a half away so going is not a option at this point. Should the motion to stay go in the mail first or can they all go at once? Thanks for all the past and continued help
  18. I have not given them any, but the did subponea my car finance bank for info. I sent in a motion to quash that but dont know what will happen, these guys are snakes. Do I submit the EX PARTE motion of stay along with the motion to vacate? can it be combined like this: Relief requested. The defendant(s) move(s) the court for an order vacating the judgment entered in this action and staying enforcement of the writ of restitution until the motion can be heard. I am still really confused, is the a sample soomeone has done that would give me a basic idea of the layout? Thank you so much for the help
  19. thanks so much for pointing me in the right direction. I have the pleading paper but I have been searching for an example of how to word this, any help there? Thanks again
  20. need to have a judgement set aside.
  21. its not about phone calls, as I am laid off work anyway... I am really confused now, what do I need to file and I really need a sample..need to get it out ASAP. Thanks again everyone
  22. got it. So we will be back to where I can file an answer to the amended complaint? At that time I can elect arbatration, correct? Also, once I file this motion to vacate will it prevent them from trying to collect $$ until its heard? Thanks for all the info and help
  23. I found this sample Motion to Vacate here and want to use it but the first line seems backwards: NOW COMES the Plaintiff, Pro Se and prays this Honorable Court to Deny the Defendant's Motion to Dismiss and Motion for Sanction for the following reasons: Should it not be the Defendant, Pro Se prays this honorable Court to ??? should it not be something like VACATE JUDGEMENT ? HELP, I am confused!! Just need a simple motion to vacate judgement
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