ScorpioCA

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About ScorpioCA

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    CIC Member

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    California
  1. I see what you are saying. Thanks I will keep this in mind. Its good information. thanks
  2. The SOL has now passed..the judge made me aware of the SOL when he asked when the acct was Charged Off which was 12/07 and the attny for the other side also said after we left court "I guess you dont have to worry about this case since the SOL has been reached she also suggested that I hold on to all papers so that no one else will bother me.
  3. Thanks for all your help. I filed the MIL the day before pretrial but today during pretrial the attny dismissed without prejudice....maybe it was the 15 pg Discovery they never answered to or because they just plain out lacked standing to support their complaint.
  4. I did everything everyone suggested. Sent for Discovery which was 15 pgs , sent BOP ,request for further BOP,attempted to serve subpoena, filed MIL for declaration of debt, and filed my pre trial readiness report. I am sure they dismissed because there docs did not show the specific acct number or name and statements did not show any transactions just accumulation of interest. PM me and I can send you what I was going to use in my defense. Good luck!
  5. Yahoo!!! I went to my trial readiness today and the Plaintiff attorney came in to Dismiss without prejudice...I did object and asked for case to be dismissed WITH prejudice in which he asked when was the accounts last activity...I said according to Plaintiffs file 12/2007 and he decided to dismiss without prejudice, i think because he was telling me the SOL is already up so it doesnt matter. Thank you CAlawyer,RTE and everyone else who gave their opinion.
  6. Hey everyone I have less than 10 days before trial and gettig very scared. Does anyone have a template of how to write an Motion In limine for insufficient BOP and how to strike and affidavidt of in lieu of testimony? I feel very overwhelmed because I dont understand all the legal Jargon.
  7. Yes, I did but I just dont know if I can go back and deny common counts 1 through 4 or do i just write them down under affirmative defenses by just denying them? I have gone to the Law library but just dont seem to have enough time to go through all the info in the short amount of time. Thanks for responding!
  8. Does anyone kno if it is too late to amend my answer to complaint? The readiness trial is this Friday and Trial is in 2 weeks. I think i may have made a very big error in my answer. I put down alot of sffirmative defenses but forgot to do a general denial. Also I just noticed that I did not add into my denial the actual common counts they had marked under First Cause of Action? This is what I denied; #8 The following cause of action are attached and the statement above apply to each -xcommon count #9 Defendant has been unjustly enriched 10. plaintiff prays for judgement for cost of suit and the amount which basically is everything they put under their CC1-4 Am I screwed or what??? all the evidence they have sent me does not have my account or name except for statements with the balance after they acquired the debt.. I am so nervous I am becoming confused ...what should I expect at the readiness hearing. thanks
  9. Thanks Calawyer, I did send CCP98 and they have now said they would have a witness who will best represent plaintiff? but they had already send an Affidavidt In leiu of testimony.. So as many forum members recommended I served a Subpoena and the process server tried serving it yesterday and today and will try again Sat(which is the 20th day). The address for the witness who signed in SC is the attorney address here in Cali. If the subpeona can't be served can I use this to my favor?
  10. Need a little hep! Can someone please tell me what I need to have done before a readiness hearing? which is next week. Should I have typed a pretrial statement? Objected on pleading to the Pliantiffs "Affidavidt In Lieu of Testimony? Motion In Limine for the insufficient BOP? I can do all this on Monday I just need to know what I should do before next Friday/ Thank you everyone
  11. Okay, this is finally making sense as to how I need to go about this, I was so busy trying to find cases to site along with my affirmative defenses, of course I will continue to look but atleast I know what you all are talking about on how to object to certain information. Thank you all so much, confident leverl just bumped up a notch.
  12. Yes Discovery has been sent but no response yet, Readiness hearing is in a week, I have until this sat to serve subpoena, but am having issues finding a Process server in San diego to deliver it in LA county. They never appropriately responded to my BOP, which I will bring up at the Readiness hearing along with the Discovery.
  13. they filed complaint 10/2011 they said last payment was 12/2007
  14. They sent a: ASSIGNMENT AND ASSUMPTION AGREEMENT States: "This BOS assignement and assumption agreement is dated 8/-/20008 between OC and national banking associated organized under the laws of the US, and Sherman LLC (Buyer) For value received and subject to the terms and conditions of the Purchase and Sale Agreement dated Jan. -2008 between buyer and the Bank(the "agreement"), the Bank does hereby transfer, sells, assigns grants, set over and deliver to Plaintifff's name,(subsequent buyer)and to Subsequent buyeres successors and/or assigns the Accounts described in Section 1.2 of the agreement. Seller hereby stipulates the Subsequent Buyer may be stipulated for Seller as the valid owner of the Accounts and hereby irrevocably waives any and all notice, hearing requirements or right to object under Bancruptcy Rule 3001 The Bill of Sale, assignment and assumption agreement is executed without recourse and without representations or warranties including without limitations warranties as to collectability." Signature and Stamp on bottom