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Everything posted by qbert

  1. sure they can. they usually serve next day after you pay them and can email/fax you the results. at least try to serve the person once. if you can demonstrate the address is invalid its pretty much your primary defense at this point
  2. pay a process server. will be the best $50 you spend
  3. i do my taxes via taxact software and i report that stuff in federal and it just imports all that info into state. you are legally required to report it on federal forms so i cant imagine why state filing would be any different
  4. so to be clear, it IS an FDCPA violation to initiate a lawsuit on a time-barred debt?
  5. edit: revised title from 'just got intent to sue letter from Asset, who previously dismissed' to 'Sued by Asset, who previously dismissed'
  6. ok so in short press them hard for evidence (I already BOP'd, last time they dismissed as soon as I BOP'd) -BOP -MTC BOP -Discovery -MTC Discovery then when they produce typical lack of evidence file MSJ failing MSJ being granted, take them to trial and beat them then after case is closed, FDCPA
  7. and... its on served with less than 4 mos on SOL i dont think i ever sent them the letter above Q: any benefit to asking them to "Admit you previously filed suit and dismissed it" when doing discovery?
  8. what does it say immediately after 'first cause of action'? is there a case number? has it been filed with the court? have you confirmed with the clerk that it is an active case? this whole thing sounds weird I'm going to be completely honest here... there are a lot of people trying to help you but you have completely failed to provide any sort of info on cause of action and there is nothing we can do to help. Meanwhile you just burned almost 3 weeks. Could i suggest making a copy of the summons, blacking out your name, the court county/city, and any other personal info, and upload i
  9. 3K is a lot of money. and you dont owe midland anything. have you ever had a conract or business reltionship with them? of course you havent. it costs them a lot of time nd energy and money to sue for 3K. Ive never heard of midland actually having a case and every single person i know who has taken them on has beaten them. You can do it but realitically you can expect to spend 10 hours a week on this site and preparing documents, every week from here till trial . A lot of the work has been done for you here but it is on you to learn and understand the law and how it applies to YOUR case. their
  10. sounds to me like you maybe havent even been sued yet they need to *PERSONALLY* serve you with a SUMMONS that is filed with a court and has a case number and will list one or more causes of acion such as 'Account stated', 'Breach of Contract', or 'Common Counts'. the cause of acion they cite is critical to your defense strategy and we need to know th to help you so im thinking eiher a) they have sent you pre-litigation letter in effort to scare you maybe you have been 'served' but serving a summons by mail is not legal in CA (search for 'sewer service' on this site). May or may not help y
  11. Here is my Trial Brief also incorporating Target v. Rocha Midland Trial Brief REDACTED.doc
  12. Attached is my MIL and declaration i used to beat Midland. It is a combination of ASTMedic's and HomelessinCalifornia's MILs. My case was almost exactly the same as ASTMedic's but this MIL is updated to include Target v. Rocha MIDLAND MIL.zip
  13. testifying to what exactly? They will have no personal knowledge of OC's records they cannot attest to the mode of preparation or the accuracy of final amount these are all hearsay without a witness from Chase this sounds prejudicial and a violation of privacy to enter into public record.Also who can attest to its accuracy? do they have a witness from Experian, etc? credit reports are wrong all the time as well. Is hearsay by definition assuming you admitted nothing and this is nothing to sweat
  14. just skimmed the whole thread, sounds like their response to CCP96 is due soon. I'm assuming they may try to submit affidavit in lieu of testimony, if so please pm me, i have docs based on ASTMedics that incorporate target v. rocha my MIL and trial brief also references the martin lavergne affidavit and vague bill of sale sounds like youre even farther along than i was on precluding evidence, should be a slam dunk as they wont have a witness per usual
  15. Welcome LawKitty! Most attorneys have no clue of the JDB business model and just about every one that is consulted outside of this board advises settlement good for you for fighting the good fight
  16. also remember after the new year the new cali regs make it much harder for them to even sell it to a JDB
  17. did you ever file your motion? that was like 4 weeks ago.
  18. i agree. if an OC sues you you'd likely have to pay up, if they sell it to a JDB who sues you its game on. id take the chance this close to SOL. depending on the card agreement you may have passed a 3-year SOL this october