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Anon Amos

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Everything posted by Anon Amos

  1. 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.
  2. 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.
  3. 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.
  4. 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,
  5. 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.
  6. 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.
  7. 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.
  8. A payday loan company is a very good thing to avoid at all cost.
  9. I don't think there's any possible way you can represent her or take her place or be added to the case.
  10. 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.
  11. CA laws only allow 29% max interest per year.
  12. 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.
  13. Also, if she doesn't own anything to protect then there's no reason to file BK.
  14. 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.
  15. It's standard operating procedure for bottom feeders. There should be a lot of info on it here to research. Also read the code CCP 98. Read the declaration they gave you very closely. See who makes the declaration and subpoena him/her 20 days prior to court. Object to the ccp 98 declaration. Not out gunned. Most of the people here who beat them received a ccp 98 declaration. Do you have the copy of the declaration? You may have to send the lawyer a letter giving them your address if you aren't being served anything.
  16. If you are filing it Tuesday then I wouldn't worry about what date it's due (who cares if it's late?). In fact I wouldn't worry about it period. I wouldn't pay 25 cents to notarize it either (I would just file it without it). They're lucky you are even filing it in the first place. You already beat them and got your cost back anyway, so what can they do, sue you?
  17. No telling, most courts are plaintiff friendly. You can keep an eye on the online court docket and regularly check your case. Even if the court doesn't notify you it will still be entered into the docket. Also, plaintiff is supposed to send you a copy of everything they file. If you are paying attention they will have a hard time sneaking something in. There's also rules on notifying parties.
  18. There's a case management form you are supposed to fill out and send it14 days before the hearing. You can find it on the state website or google it. Go to the hearing. It's pretty fast and easy, you don't argue the case there. It's just to fill the judge in on what's happening with the case and maybe set a trial date.
  19. That's too funny. Of all bottom feeders CACH was the worst. So many people are now far better off. Even if they just change the name and restructure again, this is a big blow to the bottom feeder industry.
  20. Congratulations! You earned it. People who keep trying and have the courage to take risk, despite all the encouragement to give up, are the one's who earn the rewards. Good job, against an OC even!
  21. Not sure how it will effect you but the BK couldn't have happened to a better deserving group. Hopefully the people at CACH will get to live and feel some of what they have put people through.
  22. I would treat it like any other complaint. You could send them the demand for a bill of particulars now (BOP). Answer the complaint when it's due.
  23. Are the amounts correct? Did they agree to something else? Did they not produce docs in discovery? You can cross examine the witness and in your answers. If they call you as a witness you question everything or don't remember a lot or don't know a lot of the questions etc. There may not be a whole lot you can do or say if they go to trial, since it's an OC. A lot of OC cases are won simply because they dismiss. If they don't dismiss and they bring a witness there's not much you can do usually. If you had a previous agreement and they didn't honor it, then you have that.
  24. Nothing more then that. They will show you the statements and ask if they are yours and the amounts are correct. As you stated earlier you had several accounts and amounts and don't remember all of them or exact amounts, or what you paid etc. Something like that if it's correct. Or if it's not then you have to answer what is correct. They may not bring a live witness and they will call you instead to authenticate all their evidence for them. That's what you say then. If you don't know then that's what you say. If you agreed to something earlier and they defaulted then you try to get that in your answer (if it serves your purpose), If they had no witness they would. The lawyer can't just say this is the evidence, and he can't testify. He either needs you to look at the evidence and admit it's all correct as they say it is, or he needs to call a qualified witness to lay a foundation for it (to show that the evidence is what they say it is and the amounts are correct etc.) They need to lay a foundation for evidence before it is admitted to trial. Somebody that knows something about it (but not the lawyer) has to say it is what they say it is. It can either be you or their witness. If they don't have a witness then it has to be you.
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