Anon Amos

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Posts posted by Anon Amos


  1. 3 hours ago, HelpInCali said:

    UPDATE:

    I decided not to send the M&C. The Trial Readiness Conference is this Friday. I'm starting to get the pre-trial jitters and freak outs. What should I expect and be prepared for at this conference?

    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

    3 hours ago, HelpInCali said:

    I have not received a CCP98 from H&H.

    They don't always send one, but if they try to sneak it in they are already past deadline.

    3 hours ago, HelpInCali said:

     

    The deadline for them to send a response to my CCP96 was yesterday so I will be expecting it soon this week.

    Hopefully hey won't respond but most likely they will. They now have the 5 days for mail service before it is considered late.

    3 hours ago, HelpInCali said:

    I received a voice message yesterday  from JDB wanting to discuss about the upcoming hearing. They have called before but that is the first time they ever left a message. I am not sure I should return the call since the message did not pertain anything about discussing a settlement. Or should I hear what they have to say?

    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.

    3 hours ago, HelpInCali said:

     

     

     

    • Like 2

  2. 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.


  3. 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.

    • Like 1

  4. 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.


  5. 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?

    • Like 1

  6. 2 hours ago, phitchings said:

    Thank you, but why would they only send notice of this to the attorneys for portfolio recovery associates and not me.  Just worried that they filed some motion that I have no clue about and tomorrow my bank account empty 

    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.

    • Like 1

  7. 5 hours ago, nobk4me said:

    Apparently CACH and parent company Square Two Financial are filing BK to dump debt incurred as a result of class action lawsuits.   It looks like their practice of violating as standard operating procedure is finally coming back to bite them.

    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.

    • Like 1

  8. 30 minutes ago, Beekeeper said:

    Just got notice that CACH filed for Chapter 11, which puts apparently puts a stay on judicial proceedings.  Does anyone have any idea how this might affect my appeal? (I did file notice.)

     

    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.


  9. 3 hours ago, smitty009 said:

    What areas might there be doubts cast on ? and how do I cast them ?

    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.

    3 hours ago, smitty009 said:

     

    OK, sounds great ! How do I do this, for example ?

    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.

    • Like 1

  10. 4 hours ago, smitty009 said:

    What I don't or can't thru my head is what I am supposed to know that is not on their statements

    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.

    4 hours ago, smitty009 said:

    and with a live witness to testify to the accuracy of those what do they even want with me.

    They may not bring a live witness and they will call you instead to authenticate all their evidence for them.

    4 hours ago, smitty009 said:

    Like I've said, all I even remember since I didn't get many statements the last two years of the account (they had the street misspelled ), was the settlement  that they seem to want to ignore from their  whole case since they have no witness for that other than me and I don't remember much about it, either. (sorry, rambling)

    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),

    4 hours ago, smitty009 said:

    Do they really need me to substantiate their statements ?

    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.)

    4 hours ago, smitty009 said:

     I just don't see how.

    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.

    • Like 2