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Everything posted by qbert

  1. they are all different statutes. you can read about them here: http://www.leginfo.ca.gov/cgi-bin/calawquery?codesection=ccp CCP96 is the authority under which you request a statement of witnesses and evidence CCP98 is the authority under which JDBs often attempt to submit hearsay 'affidavits' in lieu of testimony. they need to provide a witness within 150 miles. go read 'How I beat Midland in CA' front to back....and then read it again... and then search forums for 'target v. rocha'... and then ask some questions CCP1987 are the regs concerning how to properly subpoena a witness. if yo
  2. well remember thats only for debts SOLD after the new year. same same if they acquired the debt before 12/31
  3. Add unifund to the list. MIL musta scared them silly. dismissed with prejudice.
  4. I kinda took this private for awhile but basically it went BOP> meet and confer BOP reponse> motion to compel BOP (denied)> discovery on both sides> motion in limine> dismissed with prejudice a week before trial special thanks to calawer, astmedic, anonamos, seadragon, racecar, rivertime, homeless in california and everyone else who helped. I'll redact and upload my docs soon
  5. i know that dismissal with predjudice provides that a defendant cant be sued again, wanted to get opinions on the case of dismissial without prejudice. i searched a bunch for 'CA dismissal without predudice tolling' and couldnt find a clear answer, though i did find this ruling: http://law.justia.com/cases/california/caapp4th/95/427.html specifically In stating that the plaintiff 'stops the running of the statute of limitations' by naming a party defendant in the complaint, the court manifestly intended to indicate that upon the filing of a timely complaint against a named party defe
  6. annualcreditreport.com gives you free report from all 3 agencies once a year scores cost money and if you want free scores most people recommend signing up for myfico.com credit monitoring service and canceling it within the trial period
  7. thanks, you had mentioned elkins was what i wanted so i based the MIL around that. just wasnt sure if target v rocha should be wielded as well. thanks for the citation...
  8. surprised nobody has answered this in 3 weeks but yes BOP is not applicable in Account Stated. You need to skip right to full discovery like in ASTMedics (and also my) case against midland. no biggie, youre not a lawyer, it wont hurt your case, just get discovery out ASAP
  9. I'm preparing MIL for Unifund and they are attempting to enter an OC affidavit as evidence. Plaintiff did not attempt to cite CCP98 (In other words its an 'affidavit', anot an 'affidavit in lieu of testimony) and again since CCP98 isnt cited, plaintiff did not provide any address for service of affiant. The robosigned affidavit is identical to the ones seen here and here both of these cases predate target v. rocha, and ive only seen that case applied to CCP98 infractions specifically. while defendant didnt cite CCP98, i made sure to cite that they are not compliant with ANY rule, and
  10. oh i see, i wasnt aware of zamboni's second case and got thrown for a loop when you musta quoted me by accident. i concur its best to let them wait, they are only burning more SOL when they eventually dismiss and the tolling is off the books. anyway sorry to hijack, i didnt want to start a new thread as my case is EXACTLY like zamboni's
  11. not sure what you mean by this. i am inside of 30 days to trial and was just getting ready to send a meet and confer letter to them today as the CCP96 response i got only described the docs instead of providing copies of them. in the process of preparing MIL right now which i will serve in about 2 weeks, 10 days out per local rules. this is excluding their OC affidavit based on no CA authority to do so (CCP98 doesnt apply) and other reasons (see below). basically all Bravoflaca's MIL, and i will be peppering in stuff from my recent midland MIL (which was a hybrid of ASTMedic's and Homelessin
  12. hi guys i got my CCP96 response from Unifund just the other day. Is identical to zamboni's with the exception of it specifically mentions the Affidavit (substantially identical to zamboni's affidavit, but specifically lsited as evidence in this case.) will update as i proceed
  13. thinking of drafting these guys a nice letter something to the effect of "in order to save you time and resources i wanted you to know that your firm has already sued once on this alleged debt and then subsequently dismissed it presumably due to lack of evidence of standing as in most collection cases. It would perhaps be wise to focus on other cases where the evidence is stronger or cases where the defendant wont be objecting, as i fully intend to contest this alleged debt and will take the case to trial if needed"
  14. funny you should mention you got re-served after dismissal, because i just did again as well... http://www.creditinfocenter.com/community/topic/321933-just-got-intent-to-sue-letter-from-asset-who-previously-dismissed/
  15. SOL is still 6 mos out even with no tolling. they folded when i BOP'd them heres the original thread (note that Brent Midland was my original user name) http://www.creditinfocenter.com/community/topic/318526-updatedismissed-was-asset-acceptance-is-threatening-to-sue-should-i-dv/ New letter is idenitcal to the one in that thread
  16. any strategies on dissuading them from filing suit again? i dont want to rub their noses in it (well, yeah i do) but want to make it clear they understand what theyre getting into
  17. here is hawaii's statute on SOL: http://www.capitol.hawaii.gov/hrscurrent/Vol13_Ch0601-0676/HRS0657/HRS_0657-0001.HTM
  18. lets say hypothetically John Q. Public of California has a debt that he defaults on. California's SOL is of course 4 years. say John waits till after this 4 years has passed and then moves to Hawaii where SOL is 6 years. does the fact that the SOL ran out in california make a difference? sounds like old Johnny will be dealing with potential lawsuits until the end of those 6 years....
  19. yay theoryman! lets keep this with prejudice streak rolling!