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WhoCares1000

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Everything posted by WhoCares1000

  1. I get phishing emails quite a bit. Most of them are obvious because I do not do business with the organization they are using to phish. In other cases, I have to check the link. It helps however that I do not allow marketing emails from the companies I do business with so I know they are not supposed to contact me that way (they hate it however because I eventually leave for a better offer).
  2. They scams have been around at least 15+ years and probably even longer. Yes, even with toll free phone numbers. Some originate from foreign countries. Others from right here in the USA (from such areas as Western New York). They are not caught because after about a week or 2 of running the scam, they move on to other phone numbers. Not only that but they will never tell you their address (even though the law requires it). Even if they are caught, it is like a game of whack-a-mole. Get rid of one and 2 more come up.
  3. You are correct that this is adversarial and that the OP cannot stop communication. However, the other side has also been acting unprofessional too. What attorney would expect the opposing attorney to drop everything and discuss the case at the drop of a hat. If that happened, judges would never be able to finish trials. So as I said, give the other side what they want. If they want the OP to communicate with their in house attorneys instead of the local attorneys, then do so. When doing filings, send them to the in house attorneys as they requested and let them figure out how to get them to the local attorneys in time. If they don't, that is their problem. In court, do not bring up the unprofessionalism unless they bring it up first. Let them open the door. In the meantime, just keep the case moving on your end. Hand them just enough rope to hang themselves. As for other meet and confers, I would call them and ask what time works for them and set up an appointment rather than waiting for them to call me. That would then put the onus on them to come up with a reasonable appointment for all to get together.
  4. The scammers keep going because people are paying them. They would not continue to do this if they were not getting paid.
  5. Ask yourself this, if you were going to be served papers, would the process server warn you ahead of time? Who would be home to accept service? This is a scam designed to scare you. If you call them, they will threaten you with arrest as well as service. They might also try to call your family members so warn them of this scam too. If you happen to actually talk to them, tell them to send the sheriff and you will have the coffee ready for them. Once they see that you are not falling for this, they will find easier targets. Note that I got calls like these for someone who does not even live at my address and no one every came here to serve papers.
  6. It sounds like the bank attorneys have disdain for you as a Pro Se litigant and might even by trying to bully you. Unfortunately you cannot refuse to speak to them because you have a case going and there are court expectations to be met, whether you like them or not. As for the local attorney, just leave them alone. Send your filings to the bank's attorneys as you always have and it will be up to them to send to the local attorney. If the local attorney is not prepared for court and you made a timely filing, that is their problem, not yours. You just need to continue the case follow the rules of civil procedure. Review their answer and evidence and see where it weakens your case and where you can poke holes in their defense. Contact the bank attorneys only when you have to. As for the disdain, certainly record their actions but don't bring them up to the court until they try to open the door as to your actions. Let them act as they are and then if you have a successful case, at that point will you see them eat some humble pie. You continue to act professional, regardless of how they act AND don't let them try to bully you either. It is common to expect opposing attorneys to make appointments rather than talk right then and there (and I doubt the courts would allow an attorney to stop another case just to talk to the opposing party in this case right then and there) so you should expect the same courtesy extended to a regular attorney.
  7. This sounds like an issue where the bank wants to be lead counsel but has hired a local attorney (the rent a attorney scenario) to deal with the local work. They therefore don't want the OP to contact the local attorney but instead want the OP to talk to them. However, due to the treatment of the OP at the hands of the lead counsel, the OP really wants to deal with them only in court.
  8. This is not a debt collection case. The OP sued a bank, not the other way around. I think the attorney's in question are the bank's in house counsel and they are treating the OP with disdain because the OP is Pro Se so the bank attorney's think this is an easy win. They first blew off an appointment the OP made with them and tried to bully the OP to talk to them at the time they wanted. Now that the OP has not done them, they have apparently hired counsel in the location of the OP but refuse to tell the OP who that counsel is.
  9. If you have 25% on hand, once you explain to the attorney that they will not be able to collect from you and 25% is the best they will get, odds are they will accept it. As other posters have said, make the initial offer after your MTC is granted but before you file for arbitration.
  10. Regardless of who the debt has been sold or transferred to, the initial account was with Barclays when you defaulted so that is the contract you use.
  11. Personally, I have questions, only because we are hearing one side of the story. Based on this thread, the attorneys office of the defendant called you looking to do a meet and confer and being that you were busy, you scheduled an appointment with them noting the time difference as they were in New York and you are in California. On the day of the meeting, you waited for the call at both the expected CA time of the meeting and the actual time they gave you and no call either time. Did you contact them to ask about why the meeting was not held and was their response a disdain towards you? Regardless of your answer, I would not bring anything up and if the judge asks you about the meet and confer, just state that the parties could not come to an agreement. Let them bring up anything else and when they do, you then bring up the story since they opened the door. I would bet that they are not willing to open that door. Also, realize that even if you have 2 wins already, your reputation has not preceded you yet. They may think that you are a litigant that has no experience in doing a court case. If that is the reason for the disdain, let them continue to think that and you can then wipe the floor with them during trial. Don't give them any reason to think otherwise.
  12. Send LVNV a refusal to pay letter. They will either stop collecting or they will sue you.
  13. First off, you did your best to negotiate with the medical provider. If they cannot come up with something you can afford however, you are bankrupt and that is that with that. You tried your best to avoid it. I would discuss you case with a BK attorney however to make sure there are no surprises. Even credit counseling cannot help with this. I put this under the category of bad things happening to good people. With that said, once the dust settles, you should take another look at the high deductible plan. Yes, $5k is a huge amount but would have been more manageable than $365k or $130k.
  14. Wait, is this another suit? I thought it was the same one where you got a judgement already. If this is another suit then look at the CA Rules of Procedure to see if they have to file an answer or simply show up at court. If they are required to file an answer and don't, then on the court date, move for a summary judgement. Otherwise, just show up at court ready to prove your case. As far as talking to the other lawyers, you can call to reschedule the meeting if you wish but I would again let them know that I don't like my time being wasted for meetings that don't happen and it is stuff like this which has probably lead to the case being filed in the first place.
  15. First off, until the appeals period is finished, you should always figure that the other party is going to appeal and prepare to move forward as such. Sounds like they have no clue what they are doing though either. If you have contact information of the person that called you, I would contact them and inform them that you do not like to have your time wasted like this and that actions such as this are what has lead to the current situation. You are still willing to have a discussion but your patience is wearing thin. Also, inform them that you cannot simply drop what you are doing at a call to go over the case and that they should afford you the same courtesy that they would another attorney. So, what I would do is prepare for both an appeal and what my next action will be once the appeal period is done. If they call back for another meet and confer, again offer an appointment but let them know that if they miss the appointment again, you are going to note it should these proceedings continue.
  16. Just because they record their calls does not mean they will still have the recording available. Creditor recordings have a habit of disappearing when requested in court, usually in the course of ordinary business, of course. You cannot depend on any evidence in the hands of the creditor.
  17. No but there are videos on Youtube about it all over the country (usually banks who did not follow the rules). The truth is that you go after the cash first and then the assets (with the new in tow) if the cash is not there. Yes, any collection process takes time because due process in involved. The debtor has the right to argue that the funds are exempt funds from garnishment, if they have an argument. That is why I suggest that a demand letter is sent first, then you get more aggressive.
  18. You are probably too late to use arbitration because you participated in the court process beyond the initial answer. Right after you filed your answer, you should have filed a motion to compel private contractual arbitration which would have stopped the court process until a judge heard that.
  19. Here is the process right here: https://saclaw.org/wp-content/uploads/sbs-bank-levy-1.pdf
  20. Ummm, you have a judgement. This means you can levy the businesses bank accounts, have a sheriff go to the business and do a till tap (take whatever is in the register), seize their business assets at their office, and/or force the CEO to attend a deposition for business assets. All this is after the 30 days are up. You need to learn the collection process at this point and an extra 30 days via a demand letter might help you do that.
  21. If the complaint they sent you with the complaint includes an agreement with an arbitration clause, use that agreement. They certified under perjury that the agreement they attached to the complaint is the correct one. By using that agreement in the MTC, you are saying that you agree that the agreement is the correct one too. If they then state that it is not the correct agreement in their counter motion, they will be admitting to perjury and you can motion for sanctions for that if they win on their counter motion. I doubt any attorney would be dumb enough to do that though.
  22. You cannot DV once they file for a court case as long as they gave you at least 30 days to do a DV. If there is a DV issue, you can bring that up in arbitration. If they attached to their complaint a copy of the credit card agreement and it has an arb clause, use that agreement. If they try to argue that it is not a valid agreement, just tell the judge that it is the agreement they attached to their summons and complaint. The judge will really love that.
  23. I would wait until November 29th to send the demand letter and then wait 30 days after you know they received it to start collection action. This way, you are sure everything is in order before asking the court to help you collect.
  24. You send the letter to the CEO of the company and the office of the representative. If they used their in-house legal department, send it to them. The truth is, the demand letter is proper etiquette and formality than anything else. Not legally required once a judgement is entered and the time to appeal has passed.
  25. But in the case of a civil case going from small claims to civil court, no bond is needed because the appeal is a trial de novo so it is as if there is no judgement.
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