skippy1960

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skippy1960 last won the day on April 30 2016

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About skippy1960

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  1. Your statement is accurate, except the last case they served him in a county he did not live in, complete wrong jurisdiction. He fought the case in that jurisdiction and was able to force dismissal. I was just spit balling and idea, have no clue if it would work. But if they again filed in wrong jurisdiction, could he take the default, get it vacated and dismissed. This would then force them to refile in the correct jurisdiction. In doing so the SOL that is in play in the 30 days according to OP would be in play. As I said I wouldn't do this unless I answered a number of questions to
  2. John, Been a few years sorry to see you are back. Obviously, you can see your opponent hasn't changed their business model based on the sewer service. Can you share a bit more about the particulars of the service of this case? The reason I am asking is you forced them to dismiss during the last battle. So they know what your plan of attack will be. Now they may not change anything, and you may end up doing the same dance. On the other hand, they may make some large changes in how they attack this time. Examples- 1. They obviously know that you are willing to fight, so the
  3. You are filing a Motion, I mentioned previously that the CCP1281.2 uses Petition. The CCP applies to both.
  4. Smitty, Here is a set of files from 2009. Just as the professional lawyers can get in trouble so goes it for us around here. You will need to adjust the facts to fit your actual circumstances. Meaning don't slam you name on these and file them! You need to do some work, but these are full and complete set of filings. You will also need to present as an exhibit your declaration that the Card agreement you intend to submit is the version that should be used. First step is get the circumstance updates done. Then lets see where you are and do some fine tuning.... Redacted Memo
  5. Happy, Thanks for your continued realism of the situation, in pointing out once again that having a valid defense is a big problem. Really, based on your assistance about 95% of the folks that show up here should sit back and take the default judgment because they have no valid defense. So I will now give you some examples of WHAT THE POINT IS! You are very correct Hope is not a strategy. In the Civil Court system I have yet to find any Civil Procedure or Civil Code that requires either party Plaintiff or Defendant to have valid complaints or valid defenses based on law. If someon
  6. Smitty, For the MTC to have any chance of winning you need to make sure you are truly entitled to arbitration via the cardmember agreement. The agreement that your account is governed by is the last agreement in place prior to your default on the account. Meaning if stopped making payments in June of 2013, and a new agreement was presented to all active account holders in January of 2014. Your account would be governed by the agreement previous to June of 2013. You can't go all the way back to 2007 when you opened the account, if there were updates made along the way. In most ins
  7. Smitty, First I must tell you I showed up here with $72K in CC debt over 14 cards. I was sued 4 times, lost the first case against Target. Didn't really know what the hell I was doing, they filed MSJ and we lost. (Wife's account) From that point on I spent hours on this site, learning Civil Procedure and how to write court filings. I must tell you that I used an attorney on the second OC case as the amount was $15K and couldn't afford to chance another loss. I was still working and had saved a war chest of sorts. The attorney won that case and it went to trial! The CA for the othe
  8. Smitty, There was no reason to continue the Discovery motion, they saw your response and in their experience didn't think they would win the motion. They may have even seen your letter regarding arb. The quickest way to derail the arbitration possibility is to make another filing, forcing you to answer, thus a MSJ. By Civil Procedure code 437 a MSJ requires 75 days notice, that is why the hearing is set for July. As I stated earlier you are dealing with an Original Creditor on an account that you say is $20K. Around here there are a number of procedural steps that allow for victo
  9. Smitty, First you need to be sure that the Motion to Deem hearing has been removed, you want to confirm this with the court. Next you stated they started "another" MSJ for July. This implies it is a second attempt. Or did they file a first MSJ along with the Motion to Deem Admitted? This is important because answering a Motion for Summary Judgement from an OC is not easy. It is a tremendous amount of paper work, and you have to create in your answer/opposition a "triable issue of fact". In essence the burden of proof moves to the answering party, you. Have you been served
  10. Not knowing what programs you have on your computer, you might try scanning the documents and saving as a PDF file. Make sure you black out any personal information. PDF is a common file that can typically be viewed on this site and others.
  11. Chill, It is not logical the issues you mention, but you are not dealing with top notch attorneys looking to remedy a civil injustice. Midland and Cach LLC are large Debt Collection corporate entities. This means least amount of cost to gain the most profit possible. Your name appeared on spreadsheet they purchased, and a admin person completed the necessary forms to submit to court, obviously with typo errors. This is because there were 10K accounts to create the forms for. This like a legal assembly line with very little checks and balances on their end. If you don't get that call
  12. Smitty, First I would make sure I win the first battle in the war, meaning hope the court agrees that the plaintiff was not harmed by your late responses. If you lose this motion the case is over because all the RFA's are considered admitted. This will allow for an easy Summary Judgement filing, or you would have to appeal the motion ruling. So NO I would not be doing any additional filings until this battle is complete. I would also note this case is for $20K which is a big prize for the CA and plaintiff. So the arbitration card, while a good one, is not likely to change the dyn
  13. Chill, So far so good, you are able to follow directions, getting the documents means you will not have a default judgement to unwind. You have 30 days to file an answer to the complaint. You will need to do this or they will file for a default judgement. There is a simple form to complete "General Denial" along with Proof of Service that needs to be filed and sent to the other side. Check your courts website for "Forms" and search for General Denial in the Civil section of forms. You will also need POS-30 form, this will be your proof of service. Next, you really need to rememb
  14. Harry, You being a long time poster know that taking a "Student Loan" is the worst thing an 18yo can or should do. You asked for pragmatism. A quick google search says the number is between $5 and $20K for Cosmo school, YIKES! I have 3 daughters my middle was very head strong and believed she knew what she wanted at 18. Began online college via loans, accomplished a psychology degree at a cost of $37K. She is now 29, married then divorced has a son. Is currently with the right guy and pregnant with second child. They just or should I say he just bought the house they live in.
  15. Robb, Clyde may disagree with premise of what I am saying, but Clyde is correct in that there is no "HER" portion. When a claim is filed and two different parties are named, they are equally liable for the full amount of the debt. Meaning the Plaintiff doesn't care which Defendant pays the debt or which defendant they extract the money from once they receive a judgement. Point being you will be negotiating against the entire amount of the claim against your wife and father in law. This is why most posters have eluded to your wife claiming identify theft and naming her father and s