Anon Amos

If it is a trial readiness conference coming up then that probably is what they are talking about. You go over It together on the phone as you fill It out. Only speak to the lawyer and be careful what you say.

Also, if it is a trial date coming up you are close to the deadline to send them the witness and evidence list request form.

Is it a trial date set for a few months or is it for some other type of hearing? I've seen about 5 people here beat an OC by going all the way to trial. In all cases the OC did not bring a witness. I would think it's too late to get it into arbitration and that in CA you are better off with court system anyway.

They will use the trial as an intimidation tactic to push settlement. I guarantee you they aren't calling you to discuss a trial (although they may use the word a lot). They don't want to go to trial anymore then you do,

This will be short and over with very quickly. It's just to fill the judge in on where the case is and if it's ready to go to trial. You won't argue the case here. The judge will ask if you have reached a settlement, maybe even send you out to the hall to see if you can reach a settlement, and if not then it goes to trial They don't always send one, but if they try to sneak it in they are already past deadline. Hopefully hey won't respond but most likely they will. They now have the 5 days for mail service before it is considered late. I wouldn't call them. I wouldn't want to discuss a settlement either, but your interest may be different. A bottom feeder is usually very eager to discuss a settlement especially this close to trial, when they are considering whether or not it's worth pursuing or if they should dismiss the case. This is the leverage you have and can use against them.

If you contact a bottom feeder in any way offering any type of payment it will have the same effect as chumming shark infested water.

Some very good post here, the most important of which are do not say a thing or respond to them at all at this time. And they can't garnish your SS wages anyway, so there's nothing to lose here. Save everything they send you, but file it in the pay no mind list for now.

A payday loan company is a very good thing to avoid at all cost.

I don't think there's any possible way you can represent her or take her place or be added to the case.

I don't doubt they charge and collect those amounts, but we have laws that won't allow over 29% if challenged in court if It got that far. A consumer attorney would be a good idea.

CA laws only allow 29% max interest per year.

very good @sadinca I agree on the damages as well. Bottom feeders purchase stale debts seeking profit and are not damaged, and if they are; then they created their own damages.

You don't file discovery with the court.

Also, if she doesn't own anything to protect then there's no reason to file BK.

They can't garnish SS wages anyway, so if she doesn't own property or have money in the bank, there's not much they can do . Research the General Denial form. That is what you will need to file for an answer in about 30 days (make sure the complaint or attachment doesn't say that it is "verified" before answering with the general denial. Research a demand for bill of particulars (BOP) it's a simple one page form. You can send that to the lawyer now before answering the complaint. Capital One has dismissed more cases here then I can remember. I'm not sure why they are always called "aggressive" in these post. Regardless, the bottom line is that they can't garnish SS wages so there's nothing for them to pursue here.