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About custer

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  1. Not a lawyer here but waiting for a judgement is too late imo. Fight them all the way and at some point they may offer to settle. Bk is an option.
  2. We had a trial scheduled where they provided an affadavit, I fought that and was a day from a jury trial when the court cancelled and moved the case to my true venue. Next we had the trial reset and I got the 6 inch stack of documents. The court once again a day before trial cancelled and the court wanted to wait a week but the plaintiff said their witmess could not make it for a month. Court day 3, a week before, plaintiff attorney wanted to change date for a personal reason. I had my bk attorney call him and tell him the truth about how deep in debt I was and that bk was going to happen if I
  3. I did not like my chances and we settled for about 15 cents on the dollar
  4. Calawyer thank you. We have agreed to settle and there is a letter that covers everything (my bk attorney vetted it). I was not aware of all the terms that need to go into the agreement including California Civil Code 1542 which we agreed to waive the rights in. FYI we agreed to settle for about 15 cents on the dollar of the original amount they said I owed. Its a huge burden lifted from me. I could not have come to this conclusion without the help of folks on this board. Thank you so much.
  5. No real evidence just when I call the OC they say the account has been forwarded. When I call the collections company they say their (the collections co) attorneys have the case. Update: It looks like we will settle
  6. Q. who is the plaintiff? A. American Express. If I call Amex I am told that NCO is handling this. When I called NCO they said their attornies were handling this. Q. next question, what are they suing you for? A. account stated Q. state what docs they have provided to you so far A. 1. Card Member agreement (not signed by me) 2. 2005-2008 Statements for each month 3. Copies of all checks paid Q. first you need to know who the witness is. without knowing the identity of the witness or who the employer of the witness is, cant really say at this point. A. I have no idea who the witness is, I ha
  7. The Plaintiff is Amex in name but they have passed this on to NCO (who is never mentioned)
  8. They have provided me with the last 5 years of statements and payments. My sense is that if they provide a witness who authenticates the docs, I will lose. Some of their accounting is off so I may be able to knock off a few k, but overall I owe the money, just do not have it. Looking for any way to try to not go bk.
  9. I am in California with a trial in 8 days. I just learned that the OC/Amex no longer has my account, it has been "forwarded" to NCO. However I am being sued by "attorneys for Plaintiff Amex". NCO has stated that the attorneys that are suing me are their attorneys. My trial is next week, is there anything that I can do to question the attorneys standing in this case? Can I request that they provide proof of transfer of the debt? Thank you
  10. I am in California. Next week is my trial, the OC has provided copies of the past 5 years of statements . The docs are not authenticated but they will be presenting a witness to authenticate. What kinds of questions should I be asking of this witness? IS there anything that I can focus on to get his testimony thrown? How much knowledge do they need of my case? Thank you If the documents get entered into evidence, it seems to me that I will lose. Can I question the standing of the attorneys in the case? When I call the OC, they tell me that NCO is handling the case. When I spoke to NCO, they s
  11. I have talked to a bk attorney and he said that if I get a judgement it will be dismissed in a bk. In my mid 50's I have little hope to repair my credit in my lifetime so I do not see how getting a judgement against me makes my life any worse. I realize its a miniscule chance that I win, and just as small that the OC offers a settlement that I could pay, but it seems that since I came this far, I should go on. I continue on in the hope that the OC will accept a small something vs the nothing they will get in Chapter 7, but my guess is they hear that every day and will continue on.
  12. My upcoming trial has been postponed. The court wanted to delay a week but the witness for the oc could not make it, so the trial will be in January. The cc company provided the last few years statements and with a witness I have no defense. I owe the debt, they offered to settle at 60% but I have no funds. Do I fold and file bk? Do I continue on until the trial and a judgement or a miracle? I have 6 more creditors who have not yet sued after this. The only reason I would file bk is to prevent the creditors from garnishing me.
  13. I am about to go to trial as I am being sued by a law firm who says they are the attorneys for the OC. Today I call the OC and the message I got was that the account was being handled by NCO. I called NCO and they said the OC gave them the account to collect on. NCO stated that the account is now being handled by THEIR attorneys (the same one suing me as Amex). Can I question the standing of the attorneys in this case? How do I go about it? Do I file a motion in limine? Do I need to present any evidence? I did speak to the attorney today and he said I should settle as it is a waste of time a
  14. Mobi, I am in the midst of a year long suit brought by F&P on behalf of Amex. Make sure you respond and do whatever is needed. In reality I have no defense other than I am broke. I never did validation, just responded to every legal event. In the end they need to provide evidence. Near the date of my first trial they tried to provide a declaration in lieu of testimony which I would have fought as they were more than 150 miles away. My trial got postponed and the new judge said in an unlimited case they must testify in person. For my current trial in 10 days, they just sent statements which
  15. Thank you again, your time is much appreciated. My original trial got postponed and moved the day before the trial. Regarding witnesses, for the first trial the OC's law firm filed a declaration in lieu of testimony. That person was more than 150 miles away, so I was going to try and get that thrown out. For this trial, the OC's law firm sent the statements with no authentication nor any list of witnesses. Would I send a letter to the attorney stating that I want whomever produced those docs to appear? In any case I will prepare a motion in limine to have them excluded. As far as settling. The