bohey

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About bohey

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  1. Isn't there anything I can do? I know it is post judgment, but I was deathly ill and permanently impaired when I argued this. Is it always a slam dunk for a JDB when a Defendant makes a teeny, tiny error on the day of trial at the final filing of paper? Everything else was correct. My mistake was entering the last date of nonservice (attempted by the process server on 12-31- 12 was mistakenly entered as 12-31 -13 , the current year, same as the trial. All my accompanying paper Re: nonservice filed by the servicer , forms etc were dated the correct year. P.S. The Court judge was a substitute, was old, retired for 10-15 yrs, uninformed and thoroughly ignorant of collection law, forms and pleadings, procedure and Case law. I think he was belittling me with his obtuse irrelevant comments. i don't want to file BK but can not handle one more receipt of filing of interest, levies, costs. Anyone else have suggestions?
  2. Since I last wrote, a stinkin' Chatsworth based "attorney" placed a writ to levy my bank account for $19000 (this was on a $8500 alleged debt). The writ was drawn in August of this year and was served by mail to my (former/but legal) residence in CA arriving a day before Thanksgiving. I was in town for the holiday but am otherwise cared for by a relative in another state due to a debilitating illness I contracted a year before the initial lawsuit. Shortly before the initial trial, I was formally deemed total and permanently disabled. Since I was not working at the time of the initial filing, I had no money and could find no attorney to take my case (for less than the customary $300 an hour) and since I did attend a couple of years of law school five years before, I decided to answer and file pro per due to a multitude of inaccuracies, SOL , etc. in the case the alleged creditor prepared. I was not mentally or physically well but felt I had no other choice. I prepared my case to a procedural T , filed all requisite legal paperwork and 10 days prior to trial, asked for a continuance due to my physical and mental detioration.. The regular presiding judge denied my motion (even with documented Physician and state paperwork.) Since the judge denied my request and trial was in less than a week, I called mid-week prior to the trial to see If the presiding judge of the collection division would be the judge of the court. I thought if he saw my obvious state he might reconsider. I was mistaken. The day of trial, I filed my final motions and paperwork in court. I had already mailed my proof of non-service documents to the court (with my statements, brief and citings). Since the JDB company designee was not present for service at the location designated (on any of the dates required by law for service ) , I felt fairly confident with my case and was pleased it would be over. Without a continuance, I appeared at trial and was told by the JDB opposing counsel's representative, a "dial-an-attorney" , that the judge heard all the default cases first then my case would be heard after those. (I subsequently sat several hours in a small side room with a table . ) The plaintiffs' attorney would pop in and out periodically saying "they were almost done and (my) case was next". I was sick, my strengthen was taxed, and I was exhausted. The " almost done" comment was made repeatedly during the twenty or thirty cases being heard. Toward the end of the wait, while otherwise unoccupied for hours, I did a final review of my case and filings earlier that morning. Since my proof of nonservice was finalized on 12/31 of the prior year, I found I accidently wrote on the clerks filing the current year (of the trial) as the date of nonservice . All the accompanying notice of service and nonservice documents supported the prior year and the clerk's date stamp, of the just filed documents, was for the current year. OMG, I was devastated. a technicality. I must have been agonizing over this when opposing counsel came in to advise me my case was up. She noticed the change in my demeanor and glanced at what I was looking at . She said she had not ever seen that occur before, but "it shouldn't be a problem" (so, so wrong). Since the the last default case was decided (this was right after I discovered the error) I was told a substituting judge would be hearing my case. It Didnt even phase me. I had been sitting there 6 hours. I was slid a "substitution of judge/Atty" slip (which I did not even remember signing during the trial or thereafter.) I was exhausted, physically and mentally drained. Sick, I just wanted it to be done and over. Oh not so fast; This was merely part 1 of a continuing nightmare. The presiding judge was at least a decade retired, looked old and his choice of livelihood the last ten to fifteen years had been farming in a rural area. (Now that I think about it, his residence may have been out of the county). He was not current on the law and procedure and I doubt he knew little of collection law. He did not know several collection law cases, citings and procedural requirements. Then as we started started with the case he began unrelated chitchat with the opposing counsel (they had already been working together more than half a day). As we proceeded with the facts , The judge made a disturbing comment to opposing counsel when a debate arose about the distance requirement for personal service (I had goggled and prepared various routes which proved it met the guidelines.) He asked for proof. I gave him a map . He said he couldn't believe the distance and asked how I determined it. I asked if I could approach and somehow showed him it was from the courthouse to the POS. He again said he couldn't believe it and "as the crow flies, it would be less." I said that could be possible but I would have to go over mountains, and through a reservoir, another set of mountains and noting with due respect, I wasn't a crow. He then said, that I could "fly" commercial, to which I replied the cost of a flight and the time taken , would certainly offset any distance saved, and would diminish mitigating the costs of the case. I argued that airlines don't necessarily fly direct point-to-point and any mileage offset would be impractical and costly. I tuned out at that point when he continued to chat with the opposing counsel about trajectory, vectors and principles of physics and geometry. Once he got back into the case he (finally) complimented me on my thoroughness, procedural accuracy and noted it appeared that I had some formal professional training. I thought I was winning at this point. Then Opposing counsel brought up the little technical error I discovered I made that morning on the final filings. she said she had never encountered it and asked the judges help in determining whether it was important. At that point he had been focusing on accuracy and meat of my case (he may not even have read it; I have no idea.) He said that would affect the dates of delivery of service because the plaintiffs person could be awaiting the assigned time and place and no wonder there was no one there to sign it if it was in the future. I offered to initial, line out , redline or resubmit the form to which he was not agreeable saying that and would be ...( Something like) Defacing or Tampering" with court records. " By now, opposing counsel looked like the cat that swallowed the canary. I argued it was a costly and careless mistake on my part but it was not intended to malicious or misleading. I had no intent to misrepresent. He asked me if I had anything else to say and I was so flabbergasted I couldn't remember the train of thought prior to this event. I said I didn't but asked that the court deny and forgive their demand for $8500 and costs. He said it was her turn to talk since it wasn't time for final pleadings. I was visibly ill and shaking and stated as such. The judge agreed. He then asked the plaintiff for her recitation of pleadings and pleas. asked me if I had anything else. I blathered about dismissal of the 8500 and costs and asked that he favorably rule in my favor and deny their pleadings. I stated he even agreed I presented a strong and professional case and I hoped he would objectively consider and rule in my favor. He announced that he would take it under advisement and a ruling would be forthcoming in ten days or thereabout. As a final admonishment, he remarked "this is why individuals hire legal counsel and to keep that advice in mind in the future." I don't really remember what happened after that but I had lost my composure some time before when the opposing counsel sought the judges opinion regarding the date mistake. I know when I went to my car I sat and totally came unglued. I refused to talk about it to anyone and did my best to put it out of my mind until , at the time of this levy, the account of the judgment of $8500 has had an additional $10000 of interest, costs and fees thereby doubling the amount of the judgment, am I revisiting this. *NOTE: the amount recovered on the writ after my social security check and deductions for my living expenses was $0.30 left in my banking account (which the bank accepted and levied the remaining $0.30 in my account. It's also ironic that the original lawsuit was served the day before Thanksgiving 4 years ago. I will file an exemptionof levy with the court against my SSI but do any of you legal eagles (some of you may even remember me) have any ideas as how to poceed or get rid of the judgment, the costs, interest, etc. I am finally, and again, really angry and upset about this! Bohey
  3. I was served by C a CH and a lawsuit was initiated. I answered and proceeded to counter using prescribed court format: I did have some law school so I made sure everything was right and the judge even commended me on my research . At trial, At the end of my argument, the JDB attorney brought to the judges attention that I made a technical error at the end Of my case. When notice of undelivered service at the alleged Creditor location, I filed my final paperwork and since the attempt was at the end of December of one year., I mis wrote the attemt was In the current Year. The trial was in January but I filed my final paperwork right before trial. I accidentally wrote the current year in when i filed. my final paperwork that the JDB did not show. (It was then a new year when the court case was heard in January.) ) I mistakenly wrote to file my proof I mistakenly wrote service was attempted in the current year I(even though my actual proof of attempted service was the prior year. I had been deathly ill, lost 25 pounds and had attempted to get mybcourt case rescheduled due to illness and I was not allowed to . I was shocked at my error when the other attorney brought it up to the judge. I did not handle the information well . up to that point I had argue d my case beautifully (although it was obvious the judge had no knowledge the procedure for collection) what can I do? I now live on Social Securiry Disability due to the illness I had/have. I did not take action sooner because I was so exhausted and disappointed that my effort was discarded . The judge did take it under advisement.
  4. I was served by C a CH and a lawsuit was initiated. I answered and proceeded to counter using prescribed court format: I did have some law school so I made sure everything was right and the judge even commended me on my research . At trial, At the end of my argument, the JDB attorney brought to the judges attention that I made a technical error at the end Of my case. When notice of undelivered service at the alleged Creditor location, I filed my final paperwork and since the attempt was at the end of December of one year., I mis wrote the attemt was In the current Year. The trial was in January but I filed my final paperwork right before trial. I accidentally wrote the current year in when i filed. my final paperwork that the JDB did not show. (It was then a new year when the court case was heard in January.) ) I mistakenly wrote to file my proof I mistakenly wrote service was attempted in the current year I(even though my actual proof of attempted service was the prior year. I had been deathly ill, lost 25 pounds and had attempted to get mybcourt case rescheduled due to illness and I was not allowed to . I was shocked at my error when the other attorney brought it up to the judge. I did not handle the information well . up to that point I had argue d my case beautifully (although it was obvious the judge had no knowledge the procedure for collection) what can I do? I now live on Social Securiry Disability due to the illness I had/have. I did not take action sooner because I was so exhausted and disappointed that my effort was discarded . The judge did take it under advisement.
  5. I was served by C a CH and a lawsuit was initiated. I answered and proceeded to counter using prescribed court format: I did have some law school so I made sure everything was right and the judge even commended me on my research . At trial, At the end of my argument, the JDB attorney brought to the judges attention that I made a technical error at the end Of my case. When notice of undelivered service at the alleged Creditor location, I filed my final paperwork and since the attempt was at the end of December of one year., I mis wrote the attemt was In the current Year. The trial was in January but I filed my final paperwork right before trial. I accidentally wrote the current year in when i filed. my final paperwork that the JDB did not show. (It was then a new year when the court case was heard in January.) ) I mistakenly wrote to file my proof I mistakenly wrote service was attempted in the current year I(even though my actual proof of attempted service was the prior year. I had been deathly ill, lost 25 pounds and had attempted to get mybcourt case rescheduled due to illness and I was not allowed to . I was shocked at my error when the other attorney brought it up to the judge. I did not handle the information well . up to that point I had argue d my case beautifully (although it was obvious the judge had no knowledge the procedure for collection) what can I do? I now live on Social Securiry Disability due to the illness I had/have. I did not take action sooner because I was so exhausted and disappointed that my effort was discarded . The judge did take it under advisement.
  6. Writ of execution by law office from CACH who got a judgment. It was filed in a county where I do not reside. I fought the lawsuit and had an old retired judge who did not know anything about collection law. He was substituted at last minute and seemed to know the attorney who showed up quite well. They ran me thru a lot of extraneous crap - like how could such a city not be within a certain radius - would it be less as a bird flies? I did everything right and Shoukdhave won the case but for a technicality. ( Service was attempted on JDB at latter part of 2012. I erred and wrote service was attempted in 2013. What recourse do I have?
  7.  Hi Calawyer.

    It's been awhile, I know; life goes  on.  Hope you have been well and life is good.

    I have greatly appreciated your advice and support in the past. Would you mind advising on the following ...

    After complaining for years about Chase' collections practices,( I am sure you are well aware of it already).  I received a letter today stating: '

    'Chase is giving an update on cc litigation accounts.'  '  (Chase) is taking steps after entering agreement with US Consumer Financial Protection Bureau on July 8th 2015. State Attorneys General and the office of Comptroller of the Currency on September ...2013...

    I paraphrase ...

    "What we're doing:

    1. We have stopped and have agreed to stop any effort to enforce our judgment, including active wage garnishment,

    2. If your judgment has been PIF or SIF, we have notified the law firm to file satisfaction ...  

    3. We will no longer try to collect .. based on  account or judgment

    4. We will not sell your account or the judgment to a jdb or other....

    My situation: I totaled a car right before this judgment.  EPSON001.PDFEPSON001.PDFEPSON001.PDFEPSON001.PDFEPSON001.PDFEPSON001.PDFEPSON001.PDF

    The day after  the settlement was electronically deposited in my bank account, Chase had a wage levy in line and withdrew the balance of $8,400.00 , with costs and bank costs .. .  This left me without a car and a crappy quality of life.

     All this after Chase's collection  group was abusive, used robocalling to repeatedly call, and in essence, harassed me continuously.  I reported their actions  numerous times by phone and in written form to  the Atty Genera,l Fair Debt Consumer  designees, the BBB and CR agencies.!

     What actions should I take to recover the monies they took in light of their practices.... 

    Thanks ... and my best regards,  Bohey

    1. calawyer

      calawyer

      It will be difficult to sue them by yourself.  I would try to get a good consumer attorney involved.  It a consumer attorney is willing to take the case on contingency (I.e. charge you nothing but take a percentage of the award or settlement), then you will know that the lawyer believes in the case/

  8. Hello C&C gurus; I need some advice following today's perplexing event. I received a 30 day letter from a JDB requesting my validation of the debt (from a 2006 acct) that the very same JDB turned over to an attorney in 2009 and who was then awarded a judgment in 2010! Since I was not in the US at the time of default judgment, I don't have record of ANY correspondence from the OC, JDB or any notice of process service to provide to them as per their 30D; and why would I even need to do so? I thought I'd seen everything! Can a JDB come back and restart the debt process after a judgmt is entered? Is this allowed under Fair Debt or other collection law? (I think not). Seems like harassment or just plain stupidity. Do they not know they sent this JD account to their atty who got a default judgment? Can I sue JDB for $1000 harassment/or disregard of collection practices or (better yet) can I get the original debt forgiven since I never received anything? This is an account that is, at least, 10 years old. Thanks, Bohey
  9. Thanks guys. How long do I have tor file a mistrial or appeal? This judge was a retired temp judge whom I WASNOT EXPECTINGo . He was pretty much a dinosaur with little or no knowledge of credit/collection law - He even forgot to swear me in til final arguments. Also, the rent an attorney kept referring to another Law Firm name as in charge of the account- She did it twice and I brought it to the attention of the judge. (The lawyer had presented 50 cases that day.) Sorry I have not written. I was so dejected and upset when I found out I screwed up and wrote the date of the appearance on the subpoena as 11-16-2013.. (I began drafting in November) and I did not re-check and notice that I needed to update the date).
  10. bohey

    SOL BY STATE

    My understanding is that SOL in CA applies strictly to the date of breach of original contact. Now I hear JDB can change SOL upon sale from OC? What is worse is they post the OC $ and the JDB$ on the credit report so it looks like two debts. My observation is several JDB's are re-aging at sale from the OC. What's worse, one JDB made a small payment to reopen the account! What should be my action on those accounts over the 4 years SOL (but sold to a JDB). Will Experian, TU, etc. remove the trade line if breach is past SOL? Please confirm that the breach of payment on a contract extends only 4 years from OC and JDB cannot pursue.
  11. Thank you everyone. I can definitely see how intellectual property amassed during ones' employment is the property of the company BUT I don't see they can continue to access my email after I am gone! Call me naiive. I was just shocked the office could still be reading CURRENT email after I have been gone 2-1/2 months. My corporate mail content was fine; it was just my colleagues were left hanging.
  12. Hi colleagues, Question: Here's a good one: Is it legal for an employer to continue to monitor and read an ex-employee's work email when that employee was terminated two months before? If the company is garnering a benefit and accepting engagements or contracts as a result of the ex-employee's efforts, isn't that a benefit of the ex-employee? Or could that even be perceived as grounds the ex-employee is entitled to continued employment? Any suggested remedies would be appreciated. Details: The company turned off the employee's email access immediately after termination, but then left corporate access to the email open (to peruse/(spy) on pending sales arrangements, follow up on leads, client relationships, etc.) I only found out, because a work colleague called me on my home phone to ask why I had not replied to his 3 emails. He said my work "email did not bounce back to him." I can only surmise what other email must be out there... What is sad is I led a team, and was not allowed to contact them following termination; I am sure my team had questions or wanted to say goodbye. For all they know, I could have fallen off the face of the earth. The period of time in question was June 15 thru August 29. On Aug 29, I wrote corporate and asked them to close the account and forward me my email. Is this practice legal or is suggested I file suit? This seems like invasion of privacy ... I can see intellectual property is owned by the company while the employee is employed. What about monitoring AFTER... Thanks guys!
  13. I know what an array is... and explained it well, I thought. I saw three days of entries at three different times during the day. I thought maybe the java Trojan attacked and wanted to warn ya all... be wary.
  14. Hey Anon Amos, I had my trial Jan 16th and the judge still has not rules. The judge pulled some garbage when I could not serve my subpoena on the witness about mileage: re: point-to-point miles vs. highway miles. Frankly, I was shoked and did not know the answer. It is 180 highway miles. If I subpoena again, do I alert the attorney (collection firm) or just reserve? My trial was January 16 and I still have not received verdict. Do I file a motion? I was thinnking motion to vacate....