CALIF Dreamer

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  1. Focus on sending them a BOP... Read all of the following http://www.creditinfocenter.com/forums/there-lawyer-house/314722-generic-steps-fighting-jdb-ca.html
  2. http://www.nytimes.com/2012/10/24/business/new-federal-rules-for-debt-collectors.html?_r=0
  3. you may also want to send off the BOP before you file your answer to the complaint.
  4. Linda7 is the arbitration expert here. or, if applicable for a business debt, consider challenging the JDB's standing. Most JDB's can't prove they own the debt. Once sued, sending the JDB a Bill of Particulars (BOP) should ruin his party. READ: Bill of Particulars Valueable Lawsuit Tool for Defendant 1) File your Answer to Complaint. 2) A few days later send request for BOP only if the complaint’s CAUSE OF ACTION is breach of contract/common counts. Send it USPS with CMRR /include Proof Of Service. Your BOP does NOT need to be on pleading paper. For a list of items that need not filed with the court, go to Title Three Rules STRATEGY: Send your first BOP ASAP so you can complain about the insufficient response in your Meet & Confer statement. CA Codes (ccp:452-465) You have to show the courts that you tried to resolve any disputes thru meet and confer letters. If that doesn't get resolved...then you file a motion to compel further bop. If the other side defies the court order then you can file a motion to preclude prior to trial or file a mil at the threshold of trial. So, you may need to send a second request for BOP if no timely response OR if the JDB's response is insufficient. If all else fails,consider filling a Motion to Compel. See this thread- Motion to Compel...- by calawyer: Motions to compel BOP vs. written discovery in Cal. 3) Send Meet & Confer (more than 1 often needed). 4) Attend Settlement Conference and reject settlement offer. 5) Respond to JDB Request for Admissions, Documents, and Interrogatives 6) Attend Case Management Conference and select trial dates. 7. Read CCP 96: CA Codes (ccp:90-100) 8. Send CCP 96 request in the timeframe described in the rule. Here is a form: http://www.courts.ca.gov/documents/disc015.pdf 9. If you receive a CCP 98 declaration, read CCP 98 (see link above). Have the Court issue a subpoena and have the subpoena served on the witness at the address listed in the declaration. 10. Read posts here on this site on how to deal with the CCP 98 witness at trial (motion in limine). 11. Become familiar with California's hearsay rule and its exceptions. Also, you should understand the concepts of personal knowledge (pretty easy) and authentication of documents. Prepare yourself to use these objections at trial. If you don't, you waive them. ___________________________ Your Discovery needs to be timely. Request Admissions Request Special Interrogatories Request (POD) STRATEGY: If Plaintiff has answered you Request for BOP, you may want to use it to craft your discovery.A good thread about strategy: strategy - the pros chime in
  5. But you did.... You have a greater chance of getting a response if you start your own thread.
  6. OR, IT COULD BE A LAWYER WORKING FOR A JDB. DON'T WORRY ABOUT BEING GULLIBLE JUST KEEP READING HERE. (I don't want to tell you how many mistakes I've made)
  7. In exchange for a fee, district attorneys’ offices have been allowing debt collectors to use their letterhead when going after people behind on their bills. More at: http://www.nytimes.com/2012/09/16/business/in-prosecutors-debt-collectors-find-a-partner.html?hp
  8. Continue making payments while you educate yourself here and methodically assess your situation and options per antiquedave's post. Knowledge will empower you and lesson your sense of being overwhelmed and helpless. There are more knowledgable people here than you could imagine, and all want to help you because most have been where you are. I won't suggest stopping your payments as that is for you to decide. But, if you do...........plan for it. Start using cash only and empty your bank accounts as much as possible. Do not transfer property as fraud is a no no. (Don't sell the car to your dog.) The phone calls will drive you crazy and open the door for putting your foot in your mouth. DO NOT speak to them on the phone. I strongly suggest a cell phone for your personal use. I would respond to all written communications such not to jeopardize settlement opportunities. Do not consider a C&D unless you understand the ramifications. Doing a C&D may eliminate your chances at settlement. I would not focus on looking for FDCPA violations, but I would learn related laws re. your FDCPA rights. Many here have successfully countersued but they seem to really know what they are doing and enjoy the fight as much as the financial gain. When you do make your decisions wait a few days before you act on them. One step at a time ...and don't hesitate to ask questions here. We are all pulling for you, but you must do the work.
  9. Here it is: http://www.creditinfocenter.com/forums/please-read-before-posting-board-announcements/247970-commonly-used-abbreviations.html
  10. For starters, you might want to read this, if you haven't already. http://www.creditinfocenter.com/forums/there-lawyer-house/314722-generic-steps-fighting-jdb-ca.html
  11. If you live in California, try this..... http://www.creditinfocenter.com/forums/there-lawyer-house/314722-generic-steps-fighting-jdb-ca.html
  12. I may be wrong but... The key word here is 'COMMUNICATION'. If, during the first phone contact (communication) the collector read you your rights, gave you the creditors name, and the amount alleged due; you have, in effect, been dunned. I would not hesitate nor wait for another communication (letter) before formally disputing the debt. ..... If they don't send the dunning letter is it a FDCPA violation.... This IMO is a moot issue since you may have already been dunned and informed of your rights during the initial communication. Looking forwards to comments.