yellowmate

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About yellowmate

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  1. Good job so far! I'm not sure if you asked for terms & agreements or policy, but look for that when they respond to you. Go through the statements they've sent you and make sure the balance matches up with your summons. Pretty much look for any discrepancies in anything they've sent you. I'm not sure what state you live in, but it just depends on the court's schedule and when you'll see the trial date paper work. Try to see if you can look up your case information online through the county court's website. Maybe paper work got lost in the mail who knows, check online just in case. You should continue to check this site from time to time.
  2. Hi eyoung27, I just won my case on August 12, 2013 against the same people you're dealing with. Since this site was such a help to me in my case, I would love to give you a few tips. A few things to know about Kenosian & Miele - they are on point with their discovery, they will send you everything you request on time including a trial brief right before the trial date (this is in your advantage-trust me). If you're not living in LA where the firm is located, they will send a local lawyer to your trial and directly read your trial brief to the judge from his IPad. No joke! These are my steps: 1. answer summons with general denial Form PLD-C-010 for California & POS-030 proof of service 2. discovery request Form DISC-015 for California & POS-30 proof of service - do this after you have a trial date set you'll most likely get incomplete statements, bill of sale & assignment, and a declaration of lieu of live testimony (witness) 3. answer all discover request from plaintiff - deny all admissions, do not send them your credit report 4. once you get all of your requested discovery documents google map the address stated on the declaration/witness - most likely it will be BS address subpoena the witness anyway Form SUBP001 & SUBP002 this is the most important part that won my case - use sheriff department this will take you some time approximately 3 weeks to get paper work back, If subpoena came back with invalid address, make sure you have the paper work stating so. 5. wait for trial brief and examine all docs closely with a highlighter and red pen read this article and dissect every paragraph - this will help you with other defenses - (I'll have to post article later when I find it.) 6. draft motion to limine and file it with the court one week before trial date or asap- I didn't get a chance to do this because of time restrictions, this will either get you an early dismissal or they'll continue with the trial date 7. organize your binder and be prepared to state your defenses to all evidence. Argue the fact that the declaration does not comply with CCP 98. If this judge didn't rule in your favor yet continue to state defenses. Good luck & remember the burden of proof is on them!
  3. Hi I'm really curious about what the outcome is? I'm going through the exact same thing, I would really appreciate an update. Thank you!
  4. Thank you, I'm on cloud 9! They didn't give me any information on any witnesses. All they really sent me was the summons, I rejected, and no discovery forms on their part was sent to me.
  5. CASE DISMISSED!!! Woooooooooooooo I got the letter in the mail today. Looks like they didn't even want to respond to my discovery request at all. What really gave me hope was checking the status of similar previous cases under the same attorney. Hunt & Henriques is a joke law firm. More than 90% of the time cases were dismissed a week before trial date. If anyone is reading this thread, please do the same. Go to your county website and search for civil cases under the attorney name and look at the results. Thank you everyone for suggestions, feedback, positive energy, and even reading my post. Thank you all!
  6. Thanks for the responses, it definitely clarified things and made me feel a lot better. It's past the 20 days for the Disc-015 and I haven't received anything from law offices of Hunt & Henriques. I have about 18 days before trial. Should I still send a reminder letter? I'm not sure of my next move on this since I didn't get anything at all.
  7. 1. Who is the named plaintiff in the suit? Portfolio R.A. 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Hunt & Henriquez 3. How much are you being sued for? $1800 4. Who is the original creditor? (if not the Plaintiff) HSBC 5. How do you know you are being sued? (You were served, right?) Served 6. How were you served? (Mail, In person, Notice on door) Left with roommate 7. Was the service legal as required by your state? Yes 8. What was your correspondence (if any) with the people suing you before you think you were being sued? None 9. What state and county do you live in? Santa Clara County CA 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) March 2010 11. What is the SOL on the debt? To find out: 4 years 12. What is the status of your case? Suit served? Motions filed? You can find this by a) calling the court or looking it up online (many states have this information posted - when you find the online court site, search by case number or your name). General Denial, sent Disc-015 before trial date was set, sent Disc-015 again 1/5/2012 13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) No 14. Did you request debt validation before the suit was filed? Note: if you haven't sent a debt validation request, don't bother doing this now - it's too late. No 15. How long do you have to respond to the suit? (This should be in your paperwork). If you don't respond to the lawsuit notice you will lose automatically. In 99% of the cases, they will require you to answer the summons, and each point they are claiming. We need to know what the "charges" are. Please post what they are claiming. Did you receive an interrogatory (questionnaire) regarding the lawsuit? 30 days No interrogatory CC-1: Within the last four years, on an open book account for money due Because an account was stated in writing by and between plaintiff and defendant in which it was agreed that defendant was indebted to plainitff for goods, wares, and merchandise sold and delivered to defendant and for which defendant promised to pay plaintiff for money lent by plaintiff to defendant at defendant's request CC-2 $$ which is the reasonable value, is due and unpaid despite plaintiff's demand, plus prejudgment interest from date Sept 2010 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. Other than the fact that the case is assigned to imaging department, Nothing. I'm running out of time and this makes me incredibly nervous, I've been following threads but I'm at a lost. What can I possibly do now? I went to my local court office for help and they told me to send form Disc-15 for discovery and BOP was not required. Is this true? Is it too late for me now?