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Everything posted by Seadragon

  1. The took the listed action, so they haven't violated the law. You are in a tough situation because you are quite far into the litigation, do not send discovery if you plan to file a motion to dismiss based on arbitration agreement forum selection. Look into the arbitration threads.
  2. A good friend filed a Demurrer that cited the publicly posted terms contains an arbitration agreement and they dismissed. I will ask if they want to post a sample but, I believe this is a new way to win in California.
  3. True. Why would JAMS give the parties a discount for using their forum if anything the private arbiters are gonna raise all the money they can
  4. He did what was right for his situation. A reminder that sometimes it is better to respond a little earlier.
  5. Yes because some of the posters here never had an account with the OC but were sued anyways that is what the topic is about. How debt collectors in their avoidance of paying for documents inevitably may be stealing money from innocent people. So even if it happens only one time it still makes them criminals. So I am saying it has happened in the past and debt collection firms may be purchasing fake accounts. It is not like Wells Fargo or BOA never made up fake accounts right? So being cynical and saying it hasn't or doesn't happen is in effect condoning the behavior.
  6. I am cynical when it comes to Debt buyers, but How would one prove it is a fake billing statement? It is all in the barcodes on the statements. I am gonna review statements from past case that were posted here and scan the barcodes which will tell if the debt buyers are using templates or each is unique. That would be a good investigation. I will Start with the ones from my case which are fake( I know 100% that they are) and go from there. I think that would be a good indicator whether the topic under discussion would bear some fruit.
  7. I would stay away from CC's for awhile, I did a long time ago and found life a lot easier without them. There are better ways to rebuild credit. I am not an expert on POST BK Credit rebuilding but Know that sometimes if you have money in the bank at credit unions they may structure a loan secured by your own money and that you basically make payments which are returned to you. Once the stress of BK wears off it is hard to want to go through that again.
  8. Wow arrow straight to the heart of the problem. Is Experian now riding the razers edge on disputes? Or are they using the credit monitoring to vet tradelines now. So if it pops up on credit monitoring and you allow it then later dispute it, do they just automatically refuse to investigate?
  9. How can you do that if judges just gloss over evidence. and how would we be able to know since the removal of court reporters from the courts. It matters not nowadays. Just don't have credit cards I haven't had any in 15 years and I am happier for it. So I have time to help people at the task at hand which is helping them when they are sued out of the blue. And I am glad to see that you agree it is so simple for the Debt collection industry to manufacture billing statements, we all know they have the necessary tools at their disposal so why wouldn't they do it? There is a big financial incentive for them to make their own billing statements, they would have to otherwise pay more for than the original purchase of account information. You see that is the reason that they really do it. But I will search and get back to you. I bet if we look into the CFPB cases we could find some of these or maybe state AG actions. "If you can imagine it happening it most likely already is." Seadragon
  10. https://fake-bank-statement-form.pdffiller.com/ and others that have similarities.
  11. Just rtemember don't dismiss the JAMS claim until you have the dismissal signed by the plaintiffs officer- manager in hand. If you dismiss before that they could say that you dismissed JAAMS during negotiations to the courts jurisdiction. For the naysayers this has happened in the past.
  12. did the case number start with SC or LC? If they filed a summons but have not served you, Mail the Bill of Particulars CMRRR to them at the address listed. This will force them to get what they have to you AND the Bill of Particulars is not discovery that would stop you from arbitration. If they do not get the response to you on time You can Demurrer without leave to amend. Please do this it will help a lot.
  13. was prepared for litigation Plus the CCP2015.5 argument are key points California-Trial-Objections.doc NEW REDACTED TRIAL BRIEF 060313.doc REDACTED QUESTIONS FOR PLAINTIFF'S WITNESS(ES).docx California-Trial-Hearsay-Exceptions.doc
  14. Did the court case say small claims court or did it say Limited Civil? If Limited civil you could compel arbitration. regardless you have to answer the suit when it is served. get your stuff ready before that don't wait file a Bill of Particulars on them. Seadragon copy of Calawyers famous Bill of Particulars.doc Be very precise and send the BOP Certified Mail Return receipt requested
  15. Justice of the peace courts can allow limited discovery. Good to know. since you have limited requests wording is very important.
  16. As has been shown on this site and others, Plaintiffs have said they did not receive vital paperwork and were believed. If you bring up that you did not receive the response and push on it to compel or prevent them from entering evidence it will make what has become extreme lassitude with court procedures to be tightened up. Vigorous litigation is the requirement for a defendants attorney, as well as a pro per. In my opinion, a small push at this stage will show the temperament of the judge and let you know where you stand.
  17. But it still raises the spectre of they are lying. You see they would have to go through the hassle. Who ever said we have to be nice to them.
  18. I would prepare for discovery. N&K like to file discovery motions to up the legal costs. Also think about playing the ESI discovery game they may try to go away. ESI RFPD.zip This might give them pause. It will raise the bar so to speak. Seadragon's California Discovery Requests.zip
  19. Were they sitting at your mail box to verify you received them? I would act as if it did not show up. I mean it is a busy law office who said the secretary really mailed it? Just saying, fight fire with fire. Made up case, made up evidence you got to smear them with non compliance label to win.
  20. I see That you are in NorCal redacted replyMotion to preclude.doc redacted Motion to preclude 1.doc outline to crush distefano.txt Seadragon's California Discovery Requests.zip redacted Argument for preclusion markrev.doc ESI RFPD.zip redacted memoppomottocompel.zip Don't freak out just front loading you for the next round
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