dial001

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About dial001

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  1. My case got dismissed without prejudice today 30 days prior to trial. I want to thanks those that read my thread and contributed in helping with discovery and my learning the law along the way.....AGAIN THANKS
  2. My case got dismissed without prejudice today 30 days prior to trial. I want to thanks those that read my thread and contributed in helping with discovery and my learning the law along the way.....AGAIN THANKS
  3. My case got dismissed without prejudice today 30 days prior to trial. I want to thanks those that read my thread and contributed in helping with discovery and my learning the law along the way.....AGAIN THANKS
  4. My case got dismissed without prejudice today 30 days prior to trial. I want to thanks those that read my thread and contributed in helping with discovery and my learning the law along the way.....AGAIN THANKS
  5. *** Per phone conversation, Hunt & Henriques said they are hired to collect on behalf of Citibank. So far all discovery responses are from somebody working for Citibank name Pam Kline. I already requested Pam Cline information in my discovery request, but no answer yet.
  6. *** Yeah you right, the OC is Citibank, N.A. who offer CC through Zales as claim by Hunt & Henriques said they represent them, of course when ask for standing Hunt & Henriques claim privacy of client-privilidge information. Sometimes I really wornder how do we really know it is not Hunt & Henriques who is the junk buyers debt from Citibank,N.A. for little money then sue. From reading material in the forum, we can't really make them prove it because I read most judge will believe counsel when they say they represent Citibank, N.A. no proof needed. *** Well the good news in my case is they finally admit to not having documents I requested because it is destroyed, and they only admit that after we press for it with Meet and Confer letters, else they just will us a bogus run around answer in regard to Regulation Z. Anyhow I was curious to see original application and charge slip with signature, so that we could show the judge my wife signature and license which probably show completely different person signing it since she did not sign up any account with them. Anyway I am not pressing the issue since they admit destroyed already.
  7. *** I must have spend hours hours learning this stuff. I'm trying my best to coach and pass it on to her what I learned. She was confident enough to go against a really really old rent a lawyer at the CMC. Lately, she turn fearful of the a full trial approaching and she think they will be asking her a lot of questions. She afraid of giving wrong answers, I told to tell the truth and most likely if the witness does show up, they be asking the witness more questions than her. All that she really have to object the witness answer as hearsay and than she the one questioning the witness, which I can prepare her for. *** I look at the Identity Theft Packet ftc, it is really really detail a lot of private information we are giving them. I hope they don't use that information against us if we lost the case, so I will hold it off unless they come back and really demand it. I prepared a letter/affidavit below for Skippy1960 and everyone else to review before sending it out: "In the process of discovery, I was trying to determine for sure that the account was identity theft. Due to the fact that plaintiff was less than forthright with discovery it was difficult, especially without original application bearing defendant signature, charge slip bearing defendant signature of transactions and what was purchase, and one payment by someone other than defendant. Upon continue reviewing the credit card statements and checking the purchase dates, I know for sure it was someone using my identity open up the alleged account and transactions with Zales/Citibank. Furthermore, I have requested a copy of the police report of my vehicle burglarized back in 2007 in San Francisco, California where all my belongings were stolen including money, credit cards, driver licenses, social security, etc... Therefore, on May 30th, 2012, I decided to file the attached police report for identity theft in the city of xxxxxx, California. Included is also a fraud declaration/affidavit. It is my goodwill and intention to put an end to further litigation of the alleged account and lawsuit. If you feel the same, please give me a call at xxxxxxxxx so that we could discuss how to proceed in this matter." A Copy of Police Report and the following fraud affidavit Skipp1960 template: Fraud Declaration/Affidavit I, xxxxxxx, declare as follows: “My name is xxxxxxxx, I am over 21 years of age, am of sound mind, am capable of making this declaration, and am personally acquainted with the facts stated herein. 1. I was served a summons on February 6, 2012. 2. I answer the complaint on February 23, 2012. 3. I served BOP on April 18, 2012. 4. I received statements on May 11, 2012. 5. Upon review of the statements and one payment information, I know this account isn't mine. 6. On May 30, 2012 I filed a police report regarding the theft of my identity and fraudulent charges. “I have read the above and foregoing Declaration/affidavit, and declare under the penalty of perjury under the laws of the State of California that the facts and statements contained herein are within my personal knowledge and true and correct." Date: June 4th, 2012 Submitted By:
  8. I am being sue base on Common Counts $5700. Base of the following information & facts from discovery responses, do you think OC can still prove the alleged account in court: a-OC do not have original application bearing defendant signature. They admit destroyed. b-OC do not have charge or purchase slip bearing defendant signature at the time of purchase. They admit destroyed. c-OC had only one minimum payment of a check from an unknown individual not in relation with defendant from another city. I believe the payment was to keep account current until another purchase max out the available credit, then defaulted. d-OC do not have proof of mailing statements to defendant. Unless they pull a CCP98 right before trial. Your comments are welcome, and thanks for reading. Dial001
  9. *** I probably have to hold off on motion Arbitration, I read JAMS not accepting credit card case. I will take her tommorrow and get that police report going using the cc statements they supplied us. As far as the affidavit content or template, do you have the wording? Does it need to be notarize? You probably right, I have to force it down on them, else they will try to push it through at the end saying that she never claim fraud throughout the whole discovery process and case. *** The reason I am fighting his hard, because I had $10,000 account 15 years ago, that was sold to JBC way past SOL, they serve my old address where my mother live 3 times and left it on the porch, mom toss it out. Long story short 3 years ago, I sold my home to find out there was a judgment lien around $14,000 attached to it; forcing me to negotiate for $8000 cash to get me home sold.
  10. *** To tell you the truth is that this is my wife case, I was really trying to help her get through, but now I am really lost and confused. My wife is really scare of the court scene, but she did go to CMC by herself against a rent lawyer and did what I told her telling the judge discovery ongoing already and they are not responding, judge told her to motion to compel them *** A. The fraud affidavit/police report is off the table, opposing counsel off the record said it too late, they already started discovery and will not offer that. They have not answer anymore discovery except for 6 months worth statements, discovery deadline approaching and I planned to file MIL right before trial and all the unaswer items. My next move was going to be CCP96 and their next thing was going to be CCP98 from Pam Cline, Citibank. And then I subpoena her for trial. B. The account is not her, otherwise we keep pressing for payments information in discovery and signature application. As I remember, a couple of months before the allege account was open, our car was broke into, her purse along with all items inside was stolen, we got a police report that I have to search for in San Francisco district file away somewhere for insurance. C. Ready through several cases of private arbitration, I thought that a case like mine $5700 might get dismiss if I ask for arbitration through JAMS that might cost Citibank too much to litigate. Plus the wife is getting really nervous about trial, she actually asking me if I can be next to her. I know that is not possible. She not comfortable with the court language even ask for interpreter for her language and I know case like this will not have such service. I told her it not up to you talk that much, just object to hersay items. But in the end, if their witness shows up, she really have to break down the witness and that will be impossible for her to do.
  11. *** Thanks Seadragon, I had some feedback with Linda7 regarding my case, I decide to file a motion to compel arbitration, she supplied me with 2010 Citibank Cardholder Agreement, I search the forum but had no luck finding a template motion to compel arbitration in California & letter to JAMS to initiate the arbitration. Can you help...???? *** Also I did not select arbitration in my CMC because I did not know have the cardholder agreement. My argument if needed, I would state that through the process of requesting an cardholder agreement in discovery in which Plaintiff refused to supply me, I found one on the internet for 2010 Citibank, N.A. cardholder agreement which had arbitration clause which is relevant to my case. Do you think the judge will approve arbitration? My trial is July 30, 2012, do I still have time?
  12. Complaint by Citibank,N.A. OC on: Open book account; Account stated; for money lent by plaintiff, etc....; and for money paid, laid out, and expended ,etc... I requested BOP and they responded with Zales billing statements from zero balance to the balance they are suing me for. The transactions are not itemized, just said "Purchase" and "Payment". *** I am confused, in California, is that consider legit respond to BOP request? I think I ask this question before, but just want a clear final answer before I put the BOP thing to rest..... http://www.creditinfocenter.com/forums/images/smilies/biggrinangelA.gif
  13. *** What is the right timing to file a motion in limine?? Does it have to be after all discovery is done but 30 days prior to trial? So far I requested credit application with defendant signature and payments documents with plaintiff objections using regulation Z two years compliance. Is that enough to motion for limine or should I wait for more discovery objections and denials. My trial date is July 30, 2012, I heard it too late for them to file MSJ. So I think they will hit me with CCP98 next. All my discovery requested will be due June 24, 2012. *** Does anyone here know of a good sample or sticky for California superior court civil case in the forum?
  14. *** My request for BOP was responded with 6 months statement from zero balance to the current balance they are suing for. So I read in the forum that is sufficient enough for judge in regard to BOP request. *** *** The question I have now is why they still sending me settlement letter but the balance amount is like $500 more than the amount they are suing for? Is that legal for them to do that and they violating some kind of rules, seem like they keep raising the balance amount with every settlement offer. ***
  15. I will also request for statement of witnesses and evidence CP96 June 15, 2012.