qbert

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Everything posted by qbert

  1. no the terms were their plan, and i have a fax that describes it. so i do have it in writing. my only implied agreement to the plan was that i was paying the $50 each month. what irks me is i did fall behind at the end of last year but as of january i am current afaik, contracts dont have to be written and executed to be valid.
  2. A little more back story. this is a chiropractic bill as a result of an auto accident which is waiting to be settled by insurance company we agreed to a $50/month payment plan which i was current on but i just called to make an appointment and they changed the terms of the agreement and wanted payment in full. is there a breach of contract or anything i can use? i basically told them their options were continue with $50 a month or put it to collections, and i dont pay collection agents...
  3. but can they report my spouse to collections, or only go after spouse for recourse post-judgement?
  4. Dr is threatening to send both me and my wife to collections for treatment i received. is this legal? She claims its because CA is a 'community property state'. I say thats BS. this site says they can,. but they usually dont ""It's not a widely used practice for credit card companies and finance companies to go after the non-debtor spouse in these ways though, legally, they could," says Chris Lombardo, Pacific Director of Counseling at ClearPoint Credit Counseling Solutions in Seattle." Read more: http://www.creditcards.com/credit-card-news/community-property-credit-card-debt-1282.php#ixz
  5. i know your mother is honest but they are taking advantage of that and it is sad. doesnt seem like there is much you can do other than pay it off ASAP. or stop paying and settle for 40-70% in a few months
  6. According to CA Lawyer you need a very specific reason to request a continuance, and judges do not like to grant them "I am not prepared and still learning", wile admirable, probably falls short of this "My attorney gave me bad information and i am now representing myself pro se and need time to do adequate discovery" may work depending on the court "plaintiff is up to funny business and i have filed a counterclaim for FDCPA violations" might also be effective
  7. first post makes me want to punch something. thats disgusting. bravo OP on your victory
  8. technically you should have a proof of service document executed by someone who is not a party to the action
  9. Kinda late for this advice but I wouldnt have advised paying or making any arrangements with them, you probably effectively reset the statute of limitations by negotiating/offering that payment, and at this point their case is much stronger if it were to go to court as you essentially admitted the debt. shame, too as it was almost out of SOL. at this point it appears youre basically at their mercy, and the best you may do is get that $5k settlement ON THE OTHER HAND they dont have a settlement offer in writing and you have a small chance to take them to court and beat them and possibly cou
  10. my exact same thread on this subject, with mixed opinions http://www.creditinfocenter.com/community/topic/322686-jdb-acquired-debt-with-60-days-left-on-sol-and-just-first-contacted-me-should-i-dv/#entry1279875
  11. so its easier to help you. many issues are very state specific and in addition each JDB has their own way of dealing with things
  12. id say thats 50% luck and 50% due to educating myself from helpful advice from people like yourself <3
  13. i feel like the fact that they filed 3 extraneous lawsuits on two alleged debts and dismissed each of them instantly upon request for supporting evidence, is building a strong case for me to countersue them for harassment under the FDCPA if they continue to hassle. thoughts?
  14. I requested a fee waiver when i filed the general denial and simultaneously BOP'd them. Even though my fee waiver was denied, they still dismissed before i would have had to pay it to keep the filing active so its a non-issue now. but yeah these guys are easily in for a few grand between filing fees and time to prepare docs
  15. ::flashes back to 'Life Cereal' commercial:: "Hey Spikey, he likes it!" oh, and asset..... :'>
  16. BOP'd them, and the clowns dismissed again within a week instead of responding
  17. i will. also i LOVE LOVE LOVE to see these guys expend their time and money
  18. this is absolutely correct. for ccp98, substitute service is not service and the court has upheld this
  19. when is the latest i can respond? 30 days from receipt? 30 days from postmark?
  20. our favorite dirtbags from San Diego. should i DV them and alert them to the fact that i will be fighting or just let it slide and get lost in the shuffle so SOL expires? Does DVing actually slow them down and prevent them from filing a lawsuit right away? Are they legally required in CA to provide an Intent to Sue letter?
  21. my midland MIL and trial brief is also in AST's thread. its a hybrid of AST's and homeless's versions and includes target v rocha. i personally found Homeless's a little too verbose and AST's just a little too concise and tried to meet in the middle with my version. all 3 of us won so you have some options there heres the MIL http://www.creditinfocenter.com/community/topic/317277-how-i-beat-midland-in-california/?p=1274613 trial brief is in the subsequent post