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Anon Amos

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Everything posted by Anon Amos

  1. I would send the RFA answers ASAP, maybe even overnight. Then file an objection to their motion to deem admitted, with your arguments and explanation you posted here. Also include copies of the letter you sent them saying you didn't receive the RFA's. find out what date the hearing for their motion is and make sure you are on calendar to appear and argue your objection.
  2. I wouldn't file the MTC. I would just wait it out and see what happens. At some point a trial date should be set. If I was going to settle it would be the absolute last minute and only after I ruled out them dismissing. Theses are just my opinions. I know it is very nerve racking. You have to find a way to relieve stress and to deal with this without letting it tear you up.
  3. An original creditor doesn't need an assignment. It boils down to whether or not they will go to trial with this and if they will bring a witness. I have seen 4 people fight cap 1 here and 3 were dismissed. The 4th showed with no witness at trial and dismissed . These people had a high risk tolerance and not much to lose, for the most part cap 1 wasn't interested in pursuing it much more than filing the complaint and discovery. It's not always "if" they can prove it, but "will" they. If they think they can collect from you, if you have a good job, own a home etc. then they may be more likely to go to trial. If you are broke then they may be far less likely.
  4. Personally, I always just assume they will be able to prove standing. I don't think it's that hard to get a court to allow you to sue someone. I can't recall any case that was won by a bottom feeder unable to get past standing (although I'm sure they exist, especially when it was sold multiple times), but I can count the number of defendants here who lost (in CA) on one hand. Getting past the standing hurdle by no means qualifies them to a victory. There have been cases here where the bottom feeder had documents to prove their case but no qualified witness to lay a foundation for it, so they lost. Also, many of them dismiss the case, whether they think they can prove it or not.
  5. From what I have seen here; most people suggest starting your own thread if you have questions on defending a case.
  6. Not so much as a defense you use, but the rules you use against them. You fight the evidence. Affidavits aren't allowed in CA. plaintiff bears the burden of proof Authentication, Foundation, Hearsay, Rules of evidence Elkins v Superior Court
  7. I wish the best of luck to those here who will use arbitration in Cali (where we have the best laws in the Nation). If you must however; at least wait until you are actually sued.
  8. Sticking your head in the sand (ignoring it) won't accomplish that. A bottom feeder has sent the OP a letter stating he/she can dispute and or request validation. If it isn't disputed or request for validation made, that same letter can appear at trial, as the bottom feeder's exhibit of an "account stated", which will be a cause of action they sue under. It's also very possible that they don't have, or can't get quick enough; all the documents required under the FDBPA as well.
  9. Stating It may not violate anything, but they have 15 days to respond after receipt of request, so waiting 30 days would be a violation of the FDBPA (assuming the alleged debt was purchased within the timeframe that the FDBPA applies to).
  10. Read the Fair Debt Buying Practice Act and see all they are required to do and have etc. At this point in time I think it will be more useful then the FDCPA They would be more then happy to mediate You would lose the case. I would send them a request for the information just like they said above, however, read the Fair Debt Buyer Practice Act on your rights here first, because I think it gives them far less time then the 30 days they are saying they have here. It also tells you exactly how much documentation they have to give you . This is where I would start. Make sure they comply with the FDBPA (also known as the "Leno Law"). Look this stuff up and learn about it.
  11. What exactly did you see to base this claim on? There are a lot of victories here in CA courts, for those that aren't interested in arbitration.
  12. I missed the part about you having already received a bill of sale so I hold a different opinion on this.
  13. I think it's very good, put personally I would remove the part about seeking sanctions (because you cannot get monetary sanctions unless you are an attorney).
  14. Sounds right. You decide what day you will file and tell them on the M&C letter that they have 10 or 15 days (etc) or else you will file the MTC. It's a bit of work drafting the MTC, so give yourself plenty of time to write it, and learn what all is involved ahead of time. If you aren't going to actually file the MTC, then just don't mention that part.
  15. You could go back to the BOP if there was reason to do so, such as if you missed the 45 day deadline to file the motion to compel discovery. If you have time to send them a meet and confer letter giving them 10 days to serve a complete response to the discovery, or you will file a MTC, and be able to file the MTC by the 45 day deadline, then that is what I would do.
  16. You can object to it at trial, but it is safer to try to compel it. It shows you did all the due diligence and gives you a better shot at getting it dismissed, or winning it if not. There are no stupid questions.
  17. The attorney doesn't need a third party to sign the POS, because he isn't a party to the case (but you do). I would send your paper work with a POS signed by someone else.
  18. Did you actually send them discovery request for productions of docs (after they replied to your BOP), or did you send them only the demand for a BOP?
  19. Your CMC statements should read about the same unless they say something you disagree with. If that was the case, then you would put what is correct. If it was mine I wouldn't check box 17.a. If you can find a place in the cmc statement (maybe under issues?) I would mention the mtc and that arbitration was ordered.
  20. It looks like you got things handled well. You can send discovery request right away (but don't do it with the answer). There's a simple and effective Request for documents on ASTMedic's thread, or you can start by sending a demand for Bill of Particulars (BOP) which may also be on ASTMedic's thread (but if not there's one here somewhere). You can look up the code CCP 454, and the language you would use for the BOP demand, as well as the rules on this are right there. Discovery request are not filed with the court, and should be sent CMRRR.
  21. It looks to me like you can fill out that form with an attached copy of the court order to compel, and send it to the lawyer within 5 days of the mailing date of the letter the court sent you. You wouldn't file anything with the court, but send a proof of service to the lawyer as well and keep copies. No, they don't give you much time, and I would send it right away, but technically you are allowed an additional 5 days for mail service.
  22. As you have stated many times; this isn't your case, nor is anyone able to show up, if it were mine I would not worry about not showing up for a motion hearing on a motion that has already been ruled on. I would keep an eye on the online docket to see that it gets into record.
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