Anon Amos

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Everything posted by Anon Amos

  1. Also, research sending a demand for BOP (bill of particulars), it's a simple document that you can send right away and then file and serve your general denial closer to the deadline, to buy some time.
  2. Even if he wasn't a lawyer, (or if he is one of the many lawyers that gets ran off the website) his suggestion of a general denial over fighting the entire case in the answer was a good one. In my opinion.
  3. The burden of proof is on you for any affirmative defense you raise. All you would probably have is the final canceled check or bank record. You could ask them in discovery to produce any proof of a payment beyond that point, and use your last showing of payment and their lack of response to discovery as your proof.
  4. Good Job, congratulations. I believe they can continue reporting to the cra's regardless of how they dismissed and cleaning all that up is a different beast. Congratulations anyway, and there are steps to cleaning up credit on here, and people that know more about it then I do, but I am very happy for you, especially since it was CACH, that's even better.
  5. I would send it anyway, let them object. You have more time to prepare now, so use it against them.
  6. Good luck tomorrow. I think you are pretty well prepared, so if you have any questions just ask. You may be able to object to the witness as he is first called depending on if they were properly listed on the ccp 96 or the one that has been subpoenaed.
  7. Is this the first communication you have received from them? If so I believe they are supposed to put a clause in there where you have 30 days to dispute and ask for validation. Regardless, I would send them a letter asking for the validation. It may buy you some time as well as send a good message that you aren't just going to roll over on this and that they may have fight on their hands.
  8. Also, the fact that they removed arbitration will be to your advantage as well.
  9. I disagree with all the Cap one horror stories in this forum. I also wouldn't bother calling and trying to negotiate something that's been charged off. I think it was to your benefit that you weren't able to speak to them. I have never seen anyone in this forum from CA lose to cap one (even in the extremely rare cases that did go to trial (that were in the 20k range) were dismissed, although at the last minute. If you want an honest answer of how many times cap one sues and goes to trial look at your online court docket. Getting sued and going to trial are two entirely different things. I think they file the suits for intimidation and to help negotiations. Again, I cannot imagine trying to negotiate a charged off debt. Also, I think you may be a bit hard on yourself. All of your debts are for a low amount. When you add them all up they are still smaller than many of the lawsuits that are dismissed here. It's also unlikely you will get sued on all of them. However, I do think if you start calling them and mentioning the ability to pay them (especially if they have ben charged off) it's going to have the same effect on you as chumming shark infested waters. Also, if you could make payments, you could set this money aside incase they do sue and then negotiate. If you go from charged off to a lawsuit you will then be back in a negotiation stage.
  10. You might consider letting the BOP go and move on to a simple set of discovery. There's a demand for production of documents in ASTMedic's thread. BTW, these are just typical bottom feeders, no different than the rest. They have been beaten here many times.
  11. Congratulations, you deserve it, and you did a great job.
  12. I think that's a common price in CA and also I don't think you can find the fee schedule for CA, or statistics on arb (from what I have heard) Granted I don't research arb or care too. As, I stated I will be happy to assist if you end up in trial, but won't be of much use if someone wants arb. I honestly believe Calawyer would strongly recommend arb in CA instead of the opposite if it were as stated here in CA.
  13. I think they end up with discounted filing fees from what's posted. I really don't think the arb pans out for people here in Cali like it may in other states. To answer some of the questions: I was sued by CACH and after a long battle they dismissed. In our courts you will receive a lengthy list of arbitrators and mediators and the judge and lawyers are happy to take any one, you choose (I got a lot of pressure to choose one, then the judge was trying for the mandatory court arb or mediation, I had to constantly object and fight the judge for a jury trial (which I wanted) the lawyer then made a a bunch of arguments for AAA arb (stating they shouldn't have to go to trial and fly witness etc) the judge agreed and they both fought me on that for a while, then in lieu of the arb I had to go to 2 mandatory settlement hearings, and then pay jury fees to get the jury (shortly after they dismissed with prejudice).
  14. Again, I don't think you will have any problem getting a bottom feeder or an OC to arbitrate rather then litigate in court. What happens in our courts here in Cali is nothing like the arbitration myths that permeate this site. You can go to the court (or possibly research) and watch cases (if any are being fought) and find out for yourself before it's too late. If it were mine I would stay as far away from arb as you can get. If you can find any cases in your court, go sit in on someone else's problems and you will most likely see first hand how easy it is to get into arb if that's what you want. I had to fight to stay out of arb, and have helped many others from being forced into arb as wel. This was long before the arb crusader's came here and convinced people it's going to cost plaintiff 20k, and or they will actually pay you to leave them alone and all the guaranteed instant dismissals with arb (that you shouldn't accept but rather make a career of fighting and appealing it in arb). Arbitration is a way of saving expense of trial and is pro plaintiff. Court is expensive on them as well. I have never seen a single post from Calawyer in favor of arbitration, and personally, if I had any doubt, that would be more than enough for me. There have been people here who claimed to have filed arb and got a dismissal, but who's to say they wouldn't have gotten the dismissal by filing the answer? It was the defendant fighting back that got the rejection and dismissal, no the venue.
  15. A lot of this is also possible. You can fight it to the end. I have seen them show up with no witness. They can call the defendant as a witness as well. The defendant could continue fighting it and depending on the situation may still get it dismissed, or go down with the ship. Also, if you were going to negotiate a settlement they would probably offer the chance to do so before trial and you would most likely get the best settlement you were ever going to be able to get.
  16. Agreed. Personally, it's my least favorite of all conversations. I think there would be a very good chance of that and it has happened plenty of times, for much higher amounts. A lot of it depends on whether or not they think they can collect from the defendant. They really don't want the security of knowing they can continue to re age a ruling and continue to try and collect for over 10 years. It's about economics. There's always the chance they show up as well. It's about one's tolerance for risk. Most of the people in this position couldn't pay it anyway and have little to nothing to lose. The high dollar cases (if they happened to lose) just planned on BK anyway. You figure (with an OC) there's a very good chance they won't bring a witness to trial and they dismiss. In that case you win. There's also a good chance they will fight and bring a witness, in that case it's over and you lose. You're either going to win or you're going to lose, but at least you have a good chance. 50% at least (far better odds then a business). No risk, no reward.
  17. I have seen several in CA cases where the arb cost plaintiff $750 but I have never seen an arb case in CA that cost plaintiff 20k or other amounts claimed here. Defendants usually get forced into AAA arb (not sure on the name but they don't end up in Jams in CA like they are led to believe). I guess it depends on what you are trying to do. I never understood the logic of not granting plaintiff the permission to drop the case. We try to help most people here get their case dismissed. Even if the case is perfectly winnable in court (or arb for that matter) I think most defendants here would prefer the dismissal rather than the stress of appearing at the hearings or the anxiety they endure the night before. Exactly. At this point we usually congratulate them and suggest they post in the victory thread (though most do not post) Again, I can't (nor would I want to) understand the logic here. If plaintiff wants to dismiss its case you most certainly shouldn't push them to agree to settlement terms. They're trying to dismiss, but instead you want to force them to take money from you (or force them to arbitrate which most likely produce the same result, and if not your fight continues on when you already had a dismissal on the table).
  18. 150 miles from court with an address to serve subpoena is for ccp 98 only, and that is when they try to use a hearsay declaration in lieu of the live witness. They have to provide you this at least 30 days before trial. It is a big advantage. A witness on a ccp 96 list can be from anywhere but must list name and address. You don't have to subpoena this witness however because they are telling you they will bring the witness. No, it's actually better. That was the short answer. They have to follow procedure, give proper notice, and lay a foundation for the witness etc, and then fly them out to trial all in hopes of winning a "ruling" against you . I kind of doubt that, but were not in "elsewhere", this is Cali. Perhaps, but what good will any of this do for defendant OP?
  19. Either one of them "can" bring a witness (although you will most likely be able to get the jdb's tossed), but the question is "will" they bring a witness. Most of the time plaintiff's won't bring a witness. You fight OC's and JDB's the same for the most part (other than bill of sale issues). You may be taking more risk with an OC much of the time, but they do dismiss in our courts very often, and they win in arbitration even more often then that. It always boils down to whether or not they will fight the case, take it all the way to trial, and bring a witness (regardless of OC or JDB).
  20. I doubt anyone in your case will argue against going in to arb in the first place, and they would probably prefer it anyway. It will probably be as easy to get as a settlement would be.In CA the plaintiff's do like arb, and they will follow you into it. They always win in arb and won't need a witness to do it, so most of this is moot. You should be able to get into arbitration fairly easily and you will lose the case in it (unless they dismiss). There will be more discussion about getting arbitration in this thread then there would be in the court, where the plaintiff and judge would prefer you arbitrate anyway. In CA you end up getting forced into the other arb (not Jams) . There's good law in the CA courts and they do dismiss there many times as well. We have had 4 cases here that were dismissed in court that were in the 20k range. If you do end up in court let us know and we can help you there. Otherwise I wish you the best of luck as I assume you are going with arbitration.
  21. I didn't read the sample (I'm sure it's good) but I would definitely do this Agreed 100% I would definitely not do this at this time. I think it is premature at this point, and could be very irritating to the judge. You are answering the complaint and asking for arb. The judge could just award the arb without adding to his already busy motion hearing calendar. You never file a motion to compel anything in CA without sending meet and confer letters to plaintiff and trying to work it out first.
  22. Not necessarily. The fact they filed a lawsuit is their inability to collect on an alleged debt. They never said they refused to arbitrate, in fact they were not even asked to arbitrate (as far as I know). Not filing in arbitration to start with isn't a refusal to arbitrate, and everyone has a right to the court if they feel they have legitimate complaint. They might file in court, then be asked to arbitrate and be happy to do so.
  23. Congratulations on beating the MSJ, and getting past the late RFA response. If you want specific documents you would send discovery request for production of documents (set #2 if you already sent some). I don't know that I would do anything now, as far as sending discovery (when you already have cc statements) since it's an OC. You aren't going to get a bill of sale you can poke holes in. You might just keep learning and wait for their next move then fight the case.
  24. At the very least. Then if they say "no" you would at least have more reason to ask the court to force them. You might contact the arb and see about initiating it, and also finding an arb clause in the terms. The court could claim jurisdiction whether you like it or not. It is very important to answer or at least respond to the complaint on time whether you want to go to trial or arb. By not responding to it you are far more likely to get a default judgment against you are to land in arbitration. If you did something to initiate arb, then if it would make you feel better you could add as an affirmative defense in the general denial that the court lacks jurisdiction because you are electing your right to initiate arb (assuming you do have one). The court is not interested in hearing your case anyway, so if you can offer an alternative, such as you have initiated arb or at least requested it, the judge will probably be very helpful. I doubt it's that hard to get arb if you want it.
  25. I would think they should refuse to arbitrate before you motion the court to force them to, If they haven't told you they won't arbitrate yet, there's really no need to get the court involved in motions to compel. Also, in CA it is a lot of work to file a motion. You have to pick a date that is on a motion day and also give them notice of the motion ( usually 15 days). The motion must contain the notice, Memorandum of points and authorities, and a separate declaration. I personally would make sure you respond to the complaint on time.