fett

Members
  • Content Count

    35
  • Joined

  • Last visited

Community Reputation

11 Good

About fett

  • Rank
    Newbie

Profile Fields

  • Location
    California
  1. What county was it in? Was there BOP just a bunch of statements? I'd like to know more detail of how you dealt with them.
  2. Just an update....been taking a break from the stress of this and will attempt to call H&H this week to see about settling or to get an idea of where they are at. I saw a BK attorney last week for a free consult, not because I want to file BK, but to see what he thought of my progress on my case.....of course he tells me that I am just putting off the inevitable and that I am doomed to lose and pay the entire amount plus fees, so I should pay him $3500 to file BK because in his professional opinion that is my best alternative! Thank goodness it was a free consult through my employer's legal plan and I didn't pay for that.....F'n attorneys..... Will update soon
  3. It was also pretty obvious that both attorneys knew each other pretty well as they were talking about personal stuff after I walked away.
  4. Just got back from CMC. The rent-a-lawyer stated we had not reached a settlement because I didn't want to talk. The judge seemed to talk down to me and stated that I attached my debt validation letters (prior to lawsuit) to my Case Management Statement. In those letters, I instructed them to not call me at home or at work. The judge used this as the excuse as to why H&H did not call me back after I left a voicemail. I told him that I sent those letters prior to the lawsuit and left them my phone number on the voicemail; however, he still gave me an attitude that H&H was just following my instructions so it was my fault that we haven't settled or talked. A continued CMC was scheduled for mid-November and trial was set for December 1. The rent-a-lawyer met me outside the courtroom and seemed genuinely likeable, but then another attorney walked up into our conversation and they started what seemed like a "staged" conversation with me there......"Wow, Citibank really comes after them hard?" "I have never lost one of these cases.....it would really be a good idea to settle for 70 or 80%....at least they will let you make payments. If not, you will definitely lose and pay full amount plus fees, so you might as well settle at 80%." One of the guys went on to say that the trial will last 5 minutes and he will hand over a stack of statements with a declaration and I will lose and pay full amount plus fees. It was amazing how "staged" the conversation seemed, as the other lawyer walked out of the courtroom and immediately butt into the conversation.
  5. One more thing.....I never received a copy of the Plaintiff's Case Management Statement.....was I supposed to? The online docket shows that he filed it (even though the dates are all screwed up....shows me filing my CMS 10 days before I actually did)
  6. Well I looked at the statements again from Aug 06 to 2009 and noticed that in the Dec 06 statement, there is a zero balance when the account is paid off. So I guess technically he did provide me from a zero balance although it is not all the transactions from the opening of the account. My Case Management Conference is today....wish me luck....I have no idea what I am doing
  7. Do I still file a POS for the letter? And do I say on the POS that it was a meet and confer letter?
  8. Thanks, I actually asked this question before, but when I send a meet and confer letter, how do I title it?
  9. Even though he asserts in the letter that he provided me statements from zero balance, he is wrong.....the oldest statement shows a balance of several thousand dollars, so I guess he still hasn't satisfied the demand for BOP....I am just not sure how a judge will see it. Actually I think he didn't pay enough attention and was probably looking at the rewards balance that was associated with the account that was at zero....I am guessing that this guy is just trying to throw big words at me and hope that and his law degree will scare me into ignoring the facts.
  10. Just got a response to my 2nd request for BOP/Meet & Confer letter....I used the template that Calawyer gave me in post #16 of this thread.....the letter states: "Mr. XXXX I am in receipt of your letter dated July 7, 2011, wherein you indicate your displeasure with our previous bill of particulars. As an initial matter I am slightly confused as to your characterization of our resonse as an "objection". Nowhere on the original resonse was any objection asserted, conversely presently available documents were provided and the response indicated that if and when additional documents wer located they would be provided to you. Enclosed with this letter please find Plaintiff's further response to your original request. With the further response you will find that all statements from a zero balance have been provided to you. Therefore, your concern regarding our Open Book Account cause of action should be satisfied. As to your assertion that the underlying contrract or a contract of assignment was not provided is without merit. The enclosed further response, taken in connection with our initial response, is complete and not lacking in any way regarding CCP 454. Code of Civil Procedure 454 states: It is not necessary for a party to set forth in a pleading the items of an account therein alleged, but he must deliver to the adverse party, within ten days after demand thereof in writing, a copy of the account, or be precluded from giving evidence thereof. The court of judge thereof may order a further account when the one delivered is too general, or is defective in any particular. As such, ou have been provided with a complete Bill of Particulars. My direct line is .........." They enclosed more statements that went back to 2006. In the letter, it states that "you will find that all statements from a zero balance have been provided to you. Therefore, your concern regarding our Open Book Account cause of action should be satisfied"; however, the oldest statement they enclosed shows a balance of over $5k in the previous balance. What am I to do now? Are they right? Should I still do a motion to compel?
  11. Basically just the text template that I can customize to my California-specific case. I love how Calawyer puts up the actual copy and paste of stuff that can be modified. I can't seem to find a good template like that on the forums after I search
  12. Does anyone have a template for a motion to compel for California?
  13. Unfortunately, I didn't find a day of CMC's that I could go to and they won't have anymore until the day of mine. I did get the Complete Idiot's Guide to Lawsuits and have been reviewing it. Is there anything that I should request or do on the day of the CMC? Should I bring any documentation of my attempts to "meet and confer"...phone calls, BOP, etc....or is the CMC not the appropriate time to do anything. I have checked the docket history for Hunt and Henriques in my county and noticed that a rent-a-lawyer almost always shows up.
  14. Actually I did use the letter, but I entitled it "BOP request (2nd)"....instead of "meet and confer".