Kobayoshi

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About Kobayoshi

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  1. Question, if I respond I run the risk of acknowledging that they have my address correct and then they can then serve me. What are your thoughts on this?
  2. Thank you for your help! I will get going on this.
  3. I have received a letter from the law offices of Quall & Cardot, who are representing Cavalry SPV, LLC. Cavalry purchase my debt from Citibank, demanding payment in the amount $2,198.31. They are telling that unless I dispute the validity of the debt, or any potion thereof, within 30 days, which started April 12, 2017 the debt will be assumed valid by this office. Should I start by sending a debt validation letter?
  4. I have received a letter from the law offices of Quall & Cardot, who are representing Cavalry SPV, LLC. Cavalry purchase my debt from Citibank, demanding payment in the amount $2,198.31. They are telling that unless I dispute the validity of the debt, or any potion thereof, within 30 days, which started April 12, 2017 the debt will be assumed valid by this office. Any thoughts on how to respond to this?
  5. I have received a letter from the law offices of Quall & Cardot, who are representing Cavalry SPV, LLC. Cavalry purchase my debt from Citibank, demanding payment in the amount $2,198.31. They are telling that unless I dispute the validity of the debt, or any potion thereof, within 30 days, which started April 12, 2017 the debt will be assumed valid by this office. Any thoughts on how to respond to this?
  6. I signed the promissory note on April 10, 2012. Do you know how long the SOL runs for the promissory note holder?
  7. Could there be any circumstances under which the SOL is extended past the 2 years?
  8. Thank you for the response Whocares1000. What does OP stand for?
  9. Thank you, Shellieh98. Do you know how long the SOL runs for me to file a counter claim for his faulty service?
  10. I signed a promissory not back in April of 2012. My CPA got me to sign it because he billed me over $20,000.00 to resolve a tax audit. I paid my bill down to about $14,000.00 when he persuaded me to sign a promissory note for the balance and make payments to him. I stopped making payments to him after he went to jail and I had to get a new CPA. A couple years later I was audited for the last year he did my return and had to pay my new CPA to handle the audit which resulted with me owing the IRS $18,000 in additional taxes because of the methods my former CPA used in preparing my taxes. Now my former CPA is out of jail and has hired an attorney who has contacted me threatening to sue me if I do not pay the remaining $14,000 from the promissory note. Can anyone give me some advice on how to approach the attorney who has contacted me to collect on the promissory note?
  11. My trial was Thursday, March 22nd. The judge ruled in my favor with a “Judgment for Defendant.” I further clarified with the judge that the ruling was a “Dismissal with Prejudice” This was a total victory for me! My victory was accomplished through the collaboration and efforts of the people who posted comments, direction and guidance through this “Discussion Forum.” I could not have attained this result without this forum and its contributors! When I started this process, over 6 months ago I had been served with a law suit by Pride Acquisitions for a total amount with interest, penalties and costs for more than $50,000! (I was actually served in June of 2011.) I thought I was dead meat so I did not even respond to the complaint. I finally decided to do an information search on the internet and I discovered this forum. I posted my case and so began a journey into how to fight my law suit. Through this forum and postings from its members I discovered that all was not lost and I was not dead meat! I began following the directions made by forum members and things started moving in a favorable direction for me. First and foremost was my filing of a “General Denial.” This served as a huge “Stop Sign” to the creditor as it gave notice that I was not going to roll over and die and let them obtain an easy default and judgment against me. Forum members then began giving me instructions of what to do next which further served notice to the creditor that I was not going to be an easy $50,000.00. I continued on with a series of instructions, all from this forum that required the debtor to take actions necessary to legally pursue their claim. The debtor did not take any of the actions and failed to even show up at most of the court appearances. The judge actually sanctioned (fined) the attorney for the creditor $1,000.00 for one of the missed appearances, a mandatory settlement conference. In the end the judge could see that me, an unrepresented party made a solid effort and did the best job possible to defend against this law suit and the plaintiff and its attorneys did practically nothing except waist the court’s time and cause me to miss a lot of time at work, time with my family and stress. (By the way, law suits are rated among the top most stressful things that shorten a person’s life.) Along with the court’s ruling the judge looked me straight in the eyes and told me to ask for costs. I am not sure how much to ask for my new grey hair or the reduction of time with my family and friends but….. My friends here at the Credit Info Center will probably give me some great ideas! In closing, if you have been served a law suit and you feel like you have no defense, think again. Creditors who file these law suits make the calculated guess (bet) that you will not respond to their law suit and that they will collect a judgment against you for the full amount of their claim and then spend their time and money chasing you around for years trying to attach your bank accounts and wages. Don’t let them do this! You can fight your law suit and probably win or minimize the amount. Just “Post” your problem on this forum and work with the wonderful people who make this site the success it is! Special thanks goes to “calawyer” who deserves most all of the credit for my victory in this matter. Thank you calawyer, I won because of your attention and work with me!
  12. The Plaintiff did not appear for the CMC nor the MSC and was sanctioned by the court $1,000.00 for missing the MSC.
  13. I sent form CCP 96 to the Plantiff and they responded in time with the following documents: -Plaintiff's First Set of Interrogatories Propounded on Defendant by Plaintiff. -First set of Requst for Admissions of Truth of Facts and Genuineness of Docuents Propounded on Defendant by Plaintiff. It says that I have 30 days to respond . My trial is March 22nd. Also included in the package is: -Credit card statements from 1/2008 to 7/2009 -Preliminary Applicant Info -Affidavit of Sale dated 10/20/2011 and signed by a person in Florida -Affidavit of Sale of Account by original Creditor dated 7/22/2011 and signed by a person in Delaware -Certificate of Conformity dated 7/22/2011 and signed by a person in Delaware -Proof of Service dated 2/27/2012 and signed by a person in New York. The Plaintiff was precluded from giving evedence in the "Breach of Contract" cause of action but not in the "Account Stated" cause of action. I mailed the CCP 96 and the Plaintiff did get the above mentioned documents to me within 10 days. Do I have to respond to the First Set of Interrogatories and the First set of Requst for Admissions of Truth of Facts and Genuineness of Docuents? How do I defend my self at the trial? If the Plaintiff is precluded from giving eveidence in the Breach of Contract cause of action but permitted to do discovery in the Account Stated cause of action what is my down side?