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Everything posted by stevelake

  1. first, I want to thank everyone for their input and well thought out answers. It seems from the above statements, I should let it go, but as RyanEX stated above, maybe I'll bring in up in a trial brief. The reason I wanted to know if it was legal or not, is because, if I definitely was not served properly, I could then bring that up to the judge along with my other defenses, and if the judge is teetering on a ruling, maybe it's one more thing to rule in my favor. In other words, if the judge is somewhat on my side, but can't really rule in my favor, because there is nothing he or she can hang their on, except for something that actually went against California law , then maybe this would help me in the end. I would think if the plaintiff did NOT follow the law, then whether or not I brought it up early enough, should not matter, because it is still is a part of this case as a whole.... and against the law, is against the law... isn't it? or am I wrong?
  2. I'm aware they don't have to mail it, UNLESS they served me by dropping it off at the mailbox center, as they did, then, at that point they have to follow it up by mailing a copy of the complaint to me as well. Both things have to happen (see the yellow highlight part above) and they only did one. Secondly, as I mentioned, I'm aware they can refile, but I actually want that to happen (I'm not going to go into it, but it will help me if they are forced to refile). Also I'm aware that the first one they dropped off got to me, but the law states they have to follow it up, my question is.... did they follow the law (highlighted in yellow) or not? Thank you.
  3. I have a question regarding being served at a mailbox center. I'm already in the middle of my case, filed answers, discovery, etc. and the court date is not for a few months, but I flashed on something recently about how I was served. One day, late last year, I find a summons in my mailbox. When I asked the owner "when did this arrive?" he answered in very broken and hard to understand English "I don't know". I asked it in different ways, even asked if he signed for it or do you have anything showing that you signed for it, and he said he doesn't know anything about it. Back then I was thinking I was improperly served, but never went further with it, and moved forward with filing an answer about 4 weeks later. In the meantime, during which I kept checking online at the case summary, and noticed they still had not filed proof of service, nor sent me anything (including a copy of the summons). Obviously they were hoping I would never see the summons. Bottom line, 6 weeks later, they finally filed their proof of service (2 weeks after I filed my answer). Here is what I just realized/discovered. I see here (below) in California http://www.creditinfocenter.com/legal/process-service-requirements.shtml 2. If a copy of the summons and complaint cannot with reasonable diligence be personally delivered to the person to be served as specified in Section 416.60, 416.70, 416.80, or 416.90, a summons may be served by leaving a copy of the summons and of the complaint at such person's dwelling house, usual place of abode, usual place of business, or usual mailing address other than a United States Postal Service post office box, in the presence of a competent member of the household or a person apparently in charge of his or her office, place of business, or usual mailing address other than a United States Postal Service post office box, at least 18 years of age, who shall be informed of the contents thereof, and by thereafter mailing a copy of the summons and of the complaint (by first-class mail, postage prepaid) to the person to be served at the place where a copy of the summons and of the complaint were left. Service of a summons in this manner is deemed complete on the 10th day after the mailing. (Amended by Stats. 1989, Ch. 1416, Sec. 15.) 1. They never sent me a copy of the summons (note the highlight in yellow stating they have to do two steps "and by thereafter mailing a copy...." 2. It states, that it is only "DEEMED COMPLETE" ... on the 10 day AFTER MAILING. What I'm asking is... If they never sent me a copy as well as dropping it off at the mailbox center, isn't this summons (and/or this case) "deemed incomplete" if they never "completed" the process of serving me . Furthermore, when I show up in court, can I ask to see the proof, or certified mail showing they adhered to the rules of the court and actually sent this, and if they can't prove that they did, can I have this case dismissed because I was served improperly (even though I realize they can file again) or is it too late to bring this up? sorry for the long explanation.... and thanks in advance for your feedback.
  4. Just wondering if anyone has a list or a link to a list of general answers/responses that are safe to use when answering to plaintiffs request for production of documents. I really don't want to send them anything, first because it's a lot of time and work, and secondly, they will probably try to use something against me. for example, if questions like this were asked by plaintiff. 1. All correspondence between defendant and plaintiff.... 2. All Documents received from plaintiff...... 3. All Documents received from creditor... Thanks for all the help.
  5. you're right, I agree, I will be working on this....
  6. VERY helpful...Thank you, You really pinpointed what I'm looking for. I'll have to chew on some of this. Also, may need to ask for help later the best way to craft some of these questions.
  7. Thanks for the input. So what question/questions would you ask in discovery?
  8. Also, I looked at homelessinca and saw that it was for "breach of contract" so I'm not sure what I can use from that case, but I will look further to see if I can get some ideas for this one.
  9. Sorry I started a few threads. I'll stick to this one now and Thank you for your help. I'll look at his thread. Also, It is "account stated". So are you saying if it's "account stated" they do not have to provide the info I'm requesting in my "request for production of documents" ? What are you basically saying, that they don't have to provide a "breakdown" of what is interest, etc.?
  10. Thank you, but they're just going to send me a stack of statements. I need questions specifically designed to get them to "spell it out".... all the details regarding interest, fees, etc.
  11. Just wondering if somebody could help me craft the best question (or questions) to the plaintiff in discovery, regarding alleged credit card debt owed. Basically, what is the best way to phrase a question (RPD) asking for a complete breakdown of the alleged amount owed on the alleged account. To be more specific, how much of the alleged amount owed is interest (or accrued interest) and/or how much was paid out in interest through the life of this alleged account. How much was paid out in services charges, fees, etc. (and how much has already paid out) through the life of this account. Basically, I really want them to provide a complete and itemized breakdown of ALL the fees, costs, charges, interest, etc paid out through the life of the account (as well as how much of the total amount owed to them is interest, charges, fees, etc.), and are those pile/tacked on items included in the credit agreement that I allegedly signed or subsequent legitimate changes in terms of which I allegedly received notice. Any and all help crafting this into 1 or possibly several separate questions that can be added in discovery would be greatly appreciated.
  12. Just wondering if anyone has a sample of a case managment statement http://www.courts.ca.gov/documents/cm110.pdffilled out. I'm not sure what exact info should be filled out, etc. Any help would be very helpful. P.S. it's for credit card debt under 25,000, willing to do a settlement conference, etc.
  13. stevelake


    By the way, On a separate note (to harry s.) I read the post again, and I just want to be clear why I asked about the target debacle. I mentioned it, not to use that as ID theft / card was stolen or something related... and yes that would be stupid and illegal. I would only bring it up to show sloppiness and mismanagement of records. and/or maybe that they compromised my info along the way. And thought that maybe that would help to get them to back off, because it really is something they did wrong, Well, wishful thinking I guess, but if anyone has ideas about bringing some of those "mismanagement and/or compromising of records" issues into discovery or some other part of my case, I'm open.
  14. stevelake


    I will be sending discovery next. Do you know how long I have submit discovery, after I file general denial? also, I started to read ASTMEDIC'S thread, not sure if it's the one mentioned, but it looks like it's with midland (which would not be "the original creditor", so it may have been a little easier to win and different circumstances) I don't know if TD bank has all the info from target. I'm not even sure create the discovery docs, how to discern between the two of them. Would I use "Plaintiff 's predecessor in interest..." anywhere, and who would that be. I'm wondering because I'm using some of terminology from a previous discovery that worked. I'm also wondering if in my discovey, when I'm requesting docs, do I only mention/address TD bank? or do I mention target, and/or do I mention the creditor representing td bank anywhere?
  15. stevelake


    Thanks for your advice.
  16. stevelake


    Thanks for all your help. First, I'm not going to lie about anything (re: harry's response), I want to do this right, legally, and just protect myself as much as possibe. 2 things, Is there a link to "discovery in ASTMEDIC'S thread" I would like to see that. Secondly just looked at my case summary and saw this bizarre entry... 09/03/2015 OSC HEARING IS SET FOR 06/23/18 AT 08:30A M., IN DEPARTMENT F26 . ORDER TO SHOW CAUSE HEARING SIGNED AND FILED BY ELLEN KALE, JUDGE TO SHOW WHY SANCTIONS SHOULD NOT BE IMPOSED FOR FAILURE TO FILE PROOF OF SERVICE AND FAILURE TO FILE DEFAULT JUDGMENT PURSUANT TO CRC 3.740. CERTIFICATE OF MAILING FILED.
  17. stevelake


    Thanks. But secondly, do I mention it anywhere in my discovery. Like when I'm asking to see the original signed document of when the account was opened.
  18. stevelake


    If I'm being sued by for credit card debt...
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