helpme

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Everything posted by helpme

  1. Hey Credit, Prep your questions for their witness. Look at Homeless or Astmedics for their questions. Review and highlight every piece of document JDB sent you and write why it can't and shouldn't be admissible. Try to focus on their ccp96 (Declaration of their witness) and try to find holes in that document. Hope this helps
  2. Congratulations for having the courage to Fight and stick it out. Not so easy to do.
  3. Hello, To be better served, you should start your own thread. You will get better results than hijacking this thread.
  4. Hello, I would suggest since you are up against an OC to google the case American Express vs Vinhee. The defendant won his case without being present. This was a very interesting case. If you can find this please read it. Hope this helps
  5. Welcome, Everyone on this board has been in your position: Confused, scared and no understanding of legal language but we all have understood enough to win our cases. So to put you at ease and give you some understanding read this article hopefully you will get a better understanding of what type of people you're up against. The article is " Defending Against Junk Debt Buyers" https://drive.google.com/file/d/0B0lfU9YL5kEVOFllcFg2RUk1OWc/edit?usp=sharing which is who you are up against. BTW-After you read that here is the 2014 California Jury Instructions. Look up what you are being sued fo
  6. I would still recommend that you verify yourself and not rely on the clerk's response. MIL is known to be given at the threshold of trial but again as string mentioned about submitting "objections" you will still need to verify if you can do this. This info should be on your Courts website either under pre-trial/trial procedures.
  7. They say that they appoint electronic document processing legal services to to accept service of process in this matter on their behalf I would only subpoena the one who signed the Declaration in Lieu of and the location the declarant references in their document. Angel will need to mention that in the Declaration the witness said they can be served at one address but then the Plaintiff midstream changes the address to a different location thereby making it burdensome for the Defendant to make a determination. But hopefully calawyer will chime in.
  8. Ok so your last letter doesn't say it. As a courtesy and so you can show the Courts that you have tried everything within your pro se power to work with the JDB send them a final letter stating that the lawyer wouldn't let you get a word in and this is notice that are asking relieve from the Courts and are filing a MTC but send one out. You don't want them to come back and say you didn't give them notice. Send it out asap as you have already filed or calendared your MTC. Just cover all your bases.
  9. Since they filed a Declaration of Plaintiff in lieu of Personal Service you will need to submit a Motion in LImine (MIL). Check your Court's website and determine how many days before trial you can submit to the Courts and determine how it should be served. You can also subpoena the witness in lieu of the declaration. Get your trial brief going as well. You don't have a lot of time.
  10. When you spoke to the lawyer did you inform him of your intent? As long as you informed the otherside of your intent then that was a final meet and confer. (See California Rules of Court 3.724 Duty to meet and confer.) Just make sure you write down time and date of your conversation.
  11. Hey Crazy, Was your case dismissed w/o prejudice on this day 8/20/2014? or am I missing something. The judge just asked for Plaintiff to give notice and I think the judge meant Notice of Entry order for dismissal but you might want to check your courts in a few days. The JDB in our case didn't file one so we file one on behalf the the JDB and had the Judge sign it and we sent a stamped copy to the JDB. HAHAHAHA!!! Ok I think this was a case you sat and watched?? Yes???? I pm'd you with some info....
  12. Here was my final m&c Defendant writes regarding Plaintiff s failure to respond with respect to the above mentioned issue. Defendant has amicably tried to work with Plaintiff in this matter. Defendant's requests are the bare minimum for Plaintiff to demonstrate or refute his standing in this litigation. Plaintiff seems to contend that upon filing this litigation Plaintiff saw fit "to stand in the shoes of the assignor" however, saw fit to "not stand in the shoes of the assignor" upon receiving Defendant's request to produce relevant documents. In addition, Plaintiff s assertion of the
  13. Did you send a final m&c letter of your intent to file a mtc?
  14. Cerulean, In addition to 1111girls thread look at momof3 or momof5, she too was against Cach around the same time 1111girl was fighting and used 1111girls as a template so if you need variety look at the other thread.
  15. Cerulean, Welcome...well you can do 1 of 2 things...you can hold off filing a MTC BOP and move to start the RFP process. In which case, once you start that JDB will assume you are no longer interested in the BOP request since you started the discovery process. Once you start the discovery process the clock starts ticking for the JDB because they have 35 days in which to answer (that includes mailing). Soon after you send the RFP request send a meet and confer letter with regards to an insufficient response to your BOP request. Remember they think you have stopped pursuing the BOP process bec
  16. I am be jumping the gun. I thought you filed a MTC RFP's but it looks like you filed a MTC BOP. What I posted was a MTC RFP and will not work for MTC BOP. In your Reply to their opposition you will need to explain why you want the Judge to compel the JDB to provide all the statements from $0 bal to the alleged amt you are being sued for so as Anon stated use the opposition statement of the JDB as your entry into why you need it or why you disagree with what they stated.
  17. As calawyer stated there is no example because it's specific to your case but here is what I wrote for our case. You can pretty much gather the type of docs I requested and how JDB responded. This is in reply to JDB's Opposition to our MTC RFP's. I. INTRODUCTION Plaintiff has responded in opposition to Defendant’s Motion to Compel Further Response to Production of Document Demand with the understanding that Plaintiff is pursuing this case under a common count “account stated” cause of action. However, this does not relieve Plaintiff, a
  18. This is normal. This is their last try to get something out of you since you were able to not provide anything during discovery. The JDB I had asked for income tax return's, ss#, cdl, etc...and I was able to avert this as well. They want you to prove their case. Doing a good job.......keep it up...
  19. Congratulations Sun You hung on til the end.... Wins for Hunt & Henriques ZERO Wins for PRO SE INFINITE and still going strong
  20. Congratulations and make sure the JDB's remove ALL traces from the 3 CRA's. Just to make sure get a Judgement of Dismissal signed by the Judge and you yourself send it to the 3 CRA's and make sure you file you Memorandum of Costs.
  21. Hey Mute, Congratulations on your victorious win!!!
  22. If you are still skeptical with what skippy said go look at sleeplessinca or sleeplessincalifornia thread he only requested 1 doc per calawyer and it basically covered everything and the cic member won.
  23. You need to check your courts rules regarding MIL/trial brief. As far as a subpoena you need to get one from court clerk and they are the ones to sign it and you can either use a process server or a very reliable friend to serve it.