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1stStep

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Everything posted by 1stStep

  1. My DV letters are short and to the point: "Dear Collector/JDB: I dispute the alleged debt. I request validation pursuant to the FDCPA. Sincerely, Me"
  2. Wow - overturned Target v Rocha...that sucks for CA litigants
  3. Use this form. https://www.courts.ca.gov/documents/pld050.pdf Check the General Denial box. Print 3 copies and sign. File a day or 2 before the due date. Take the copies to court and have them stamped. Court will keep 1 copy. You send 1 copy to attorney with someone else signing certificate of service.
  4. Hyde and Swigart is a CA consumer law firm... I have used them in the past. Did OK work and got me out of an LVNV lawsuit. Based on what I read, you may have a Rosenthal violation in the phone call that was recorded. This could be a basis for a counterclaim, for which you could potentially receive up to $1,000 in damages. Midland may then try to negotiate to make this all go away...
  5. How much are they suing for? When did you last pay? Who is the attorney? Prepare for discovery - they will send Interrogatories and Requests for Send your own discovery - examples on the board.
  6. If anything, a counterclaim could force the OP and Citi to negotiate a settlement... I have used the tactic in the past - filing counterclaims on thinner grounds and forcing the Plaintiff to negotiate. The last thing the Plaintiff needs is to lose a counterclaim which could become a precedent.
  7. So you filed a general denial? They have sent discovery? OK... Answer this - who is JDB? Who is the attorney?
  8. They will probably serve discovery - send you Requests for Admissions and Interrogatories. For the RFAs, deny everything as applicable. They may also ask you to produce items like bank statements, etc. Read some of the other CA cases here. You may also want to formulate your own RFAs and Interrogatories to send them.
  9. I have a slightly different POV... AAA has rejected the arbitration and closed the case. If Citi goes back and attempts to pursue the case now back in court, you have a clear counterclaim for violation of the Cardholder Agreement by Citi. File the counterclaim for 3x's the debt and begin negotiating...
  10. OK - this is textbook... there are hundreds of cases like yours on here. 1. Send them the Bill of Particulars - in your cover letter, note that the cause of action "Open Book Account" subjects them to answer the Bill. Tell them you expect a response within 30 days, or you will file a motion to preclude any evidence they plan to introduce. 2. File a General Denial. The CA Judicial Council has the appropriate forms you can use to file the answer (I don't remember the form # off the top of my head). To be a a*hole, I have filed my responses on Day 29. I love seeing their motion for clerk's default being denied because the answer was filed.
  11. Did you serve it yourself or have it done by process server/sheriff?
  12. Check all the counties you've lived in the last 4 or 5 years. I found a lawsuit against me doing that- it resulted in the law firm and the JDB paying for a nice vacation after the FDCPA suit was filed.
  13. Send a Request for Production of Documents... there's several samples on here. You'll want copies of statements back to inception of the account, contract selling your account and correspondence regarding your account (make them object -maybe have a hearing they weren't planning on).
  14. This may be an FDCPA violation on the law firm... could also be a UDAAP violation if still with the original creditor. Speak to a lawyer
  15. It seems they are trying to get you to agree to the delay in order to round someone up... I would fax a letter to them and remind them of the need to name a witness and if they cannot, then perhaps they should dismiss because they cannot comply with the code.
  16. I would say "No" Instead I would state "if Plaintiff is not ready for trial, perhaps a dismissal is in order..."
  17. Wow - ususally JDBs sue on Account stated, open book account, money lent and received and/or breach of contract.
  18. I would run the BOP out to the end before going to the Discovery route... Send a meet and confer indicating that 9 months of statements is not sufficient per the code and you intend to file a motion to preclude any future statements in the case.
  19. Awww - N&K is still around? I filed and won an FDCPA suit against them... I would consider using Barclay's arbitration clause if it applies. AAA arbitration used to be very expensive, possibly more than the alleged debt itself. Otherwise, I would go with the general denial and the BOP route... FYI -N&K loves defaults and hates defendants who fight back.
  20. For $1,700 do not expect LVNV to produce a witness... Focus on the documents produced. It is highly unlikely that anyone from Credit One will appear to authenticate at trial. Brush up on CCP 98 as LVNV will try to "self-authenticate" what they produce at trial.
  21. True... but if the attorney's fees paid to represent the OP can easily exceed $10k. It's not like the Cap1 firm can claim any sort of error - filing suit in the wrong venue is as slam dunk as it gets.
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