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Everything posted by qbert

  1. conferred with rent a lawyer and they realized they had no case and dismissed before they spent any more money
  2. sued by asset in early 2013, I BOP'd them, they dismissed, then they refiled the case in Dec of 13 general denial>BOP>do nothing until 45 days from trial>CCP 96 them>they dont respond> ready to hammer them but then trial date gets vacated due to court calendar, necessitating CMC to reschedule, and then: CMC today: myself and rent-a-lawyer appear judge apologizes for delay, and asks when we want to set date, suggests "i think it should be a few months out to make sure we have plenty of time for any subpoenas, motions, etc" Rent-a-lawyer (RAL) says, "I would like 90 day
  3. can you elaborate on 'opening discovery' and why one wouldnt want to do this? wouldnt i be 'reopening discovery since i BOP'd them 6 mos ago?
  4. read your local rules. in my jurisdiction trial briefs are due 5 days before trial, you prob have plenty of time, ill bet its at least 15 days
  5. not at all, this is standard business. is it this one? http://www.creditinfocenter.com/community/topic/318902-generic-cardmember-agreement/?p=1228395 if so, youre in luck. replace Aimee Dykes with Sasha Deesha in these docs. They already have citibank>pilot>unifund flow as in your case (except for the last part of the brief, see notes below) MIL: https://drive.google.com/file/d/0B3PQj_jm3BNTZHo0Zkl1TTkxUE0/view?usp=sharing declaration in support of MIL: https://drive.google.com/file/d/0B3PQj_jm3BNTcEJ3Y3hUMjRaa0U/view?usp=sharing Trial brief: (a work in progress, first half
  6. just to be clear, you dont NEED to do this. serving tomorrow (or saturday even) by mail or fedex is the same. the only thing fedex does is give them 22 instead of 25 days to respond. in your case, with timing so tight, id advise it
  7. i hear ya but im nervous judge may pull a fast one and let them admit evidence at trial. should i compose and retain a 'pocket brief' in this case, which i can introduce to judge mid-trial if needed?
  8. Writing my trial brief now... its due really soon. Plaintiff missed responding to CCP96 and I am motioning to preclude all evidence. However, they did provide some of the usual garbage to a BOP request. not sure whether to address this or not in the brief. I'm anticipating they will fail to file a brief so im trying to be as concise as possible
  9. ok so tomorrow (mon) is the extended 25 days with the weekend. i need to be as efficient as possible since with them taking the full time to respond (if at all) trial is 2 weeks out. sounds like my playbook is one of the following depending if i get a response by weds 1. (if no response) MiL to exclude all evidence per CALawyer's verbage above 2. (if a response) get ready to subpoena their typically non-local 'witness' and prepare MIL and trial brief discounting their 'evidence'
  10. hate to dig up old bones, but im here right now. been 21 days since i sent my CCP96. what constitutes timely response? postmark? signed and dated proof of service?
  11. i am sending a ccp 96 to midland/asset who changed their attorneys case was started by fulton, friedman, and gullace, and in the spring i got a letter from MCM (midland credit management) saying that they were taking it internally, and all correspondence should go to their po box in warren michigan they shortly thereafter filed a substitution with the court and listed an attorney at midlands snyder/harris/brown/mcelroy office in san diego who should i serve? the lawyer on record with the court in san diego? the po box in michigan? both?
  12. so they can legally serve someone in CA via a process server?
  13. midland didnt try to settle with me. they went as far as to send a rent a lawyer to court who 'agreed to part ways' in the hallway minutes before the trial
  14. ...you wont. If you play your cards right and follow advice. Sounds like you are almost there
  15. Lets say you have a medical bill (which typically falls under 'written contract') from a state which you are not a resident. For example, you are a California resident and seek treatment in Nevada. You were never a resident of Nevada but you did enter into a written contract there. in Nevada SOL is 6 years for written contract/medical bills in California SOL is 4 years which controls? my gut tells me they cannot sue you in the state of Nevada as you do not reside there. My gut also tells me if they sue you in the state of CA, CA courts will uphold CA SOL as a defense
  16. midland/asset acceptance case i did a BOP way back when and got the usual garbage. Based on previous experience i knew the full discovery would likely yield similar results. so i kinda disappeared like 'a fart in the wind' per ASTMedic. Its coming up on time to do my CCP96 and i was wondering if its worth it to do a simple RFPOD or ROGS/admissions or just skip to the CCP96. obviously at this point in the game i wouldnt be doing a motion to compel on discovery due to timing also re: CCP96, is it generally considered best to file near the front of the 45 day window or closer to the 30-day
  17. got a writ of exectuion for a garnishment served to me by certified mail for an employees judgement. says that if i dont respond within 20 days with interrogatories they will issue a default judgement against us (its been over 20 days, meant to ask this earlier) 1. does a nevada district court have any authority to make my california company a garnishee? we have no business presence in NV 2. is service by certified mail even acceptable? there are no proof of service docs included 3. they didnt even get our legal name right, not even close. repercussions of this? makes me think they cant
  18. ...does it mean anything? they can change their mind at any moment and serve discovery on me, right?
  19. should be 15 days out from CMC. that woulda been over the weekend. am i 'on time' to file and serve today?
  20. I have a few debts that have recently passed SOL. got a 'statement' the other day from a JDB that contained the boilerplate 'we cannot sue you on a time-barred debt'. got another one today dated past SOL that contained no such verbage. is that a violation worth going after them for? would a consumer protection attorney pick that up?