HotWheels96

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HotWheels96 last won the day on February 20 2014

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About HotWheels96

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  1. You've stated that the Moore Group is suing you, on Cap1's behalf. Who is the listed plaintiff? When I faced Cap1 (for well over $10,000) they sent far more than one statement. I find the fact that they did in your case odd. Please advise.
  2. Once the motion was filed, they dismissed the case. They made no move to oppose the motion and I believe waited only to see if her stating a motion would be filed was a threat or a promise. It was in fact, a promise.
  3. Try to remember we all started in the same shoes you're currently in.
  4. Oh good! I was worried they somehow slipped in that you would be responsible for their fees. Congratulations that they have entered into a settlement agreement for $0. Why didn't they just agree to dismiss it with prejudice though? Why a settlement?
  5. The witness must be an employee of the original creditor, as an employee of PRA is not a qualified custodian of records and anything they say is hearsay. Some questions for you: 1. Where was your 98 signed? 2. Where does it say their witness will be located in the 20 days immediately before trial? 3. Is this address within the prescribed mileage requirements to comply with a 98? 4. Is that address the attorney's office? 5. Does the witness say they are giving so and so the right to accept service in their place? Now for the 96: 1. Is what they offered (in writing and physically) the same thi
  6. YAY!!! The CCP98 is definitely what you want. Question, is the declarant for the CCP98 listed as a possible witness on the CCP96?Now, to the nitty gritty. You're in the homestretch so now's the time to really step up your game. You said your trial is April 1, and it's your job to subpoena their witness. So let's take a very close look at their 98. First, does it comply with CCP 2015.5? California allows the use of a declaration instead of, or in lieu of, an affidavit. The relevant code section is Code of Civil Procedure § 2015.5 which states that, “Whenever, under any law of this state or unde
  7. I'll have to look for my cap1 TB. Give me some time, with the understanding I am fully aware of your tIme constraints. I am on medical leave from having surgery so I'm not moving as fast as I normally would. Hand surgery for a person in a wheelchair can be a real...well, I'm sure you can imagine! In the meantime, I think ASTMedic might have posted his in the sticky about beating Midland in California. Look there too.
  8. Do your rules say you must send a meet and confer prior to the filing of a motion to compel responses? I would NOT send them another copy. If you have the signed green card, they have it and don't want to respond. Discovery can tell the plaintiff a lot. You've basically just removed your wife from the lowest branch (where all the low hanging fruit reside) and made a statement that she's not going to roll over easily. Look to your rules for how to proceed when they fail to respond.
  9. @CRDTNogood This thread was revived from a year ago by another member and as the OP never returned to describe the outcome, it's highly unlikely you'll receive a response from him. Too bad too, I dislike not knowing how members faired.
  10. The case to which I was referring is Resurgence v. Chambers and can be read here: http://www.courts.ca.gov/partners/documents/2011SRL5eResurgence.pdf It's regarding a JDB who sued on a Chase account before the 4 year SOL ran out, BUT, not before the SOL from Deleware ran out. Why is this relevant? Because, California has a borrowing statute; meaning you could state because Chase uses Delaware as their governing law in their credit card agreements and that Delaware's SOL is 3 years, they cannot sue you past that time. The Chambers case is an appellate decision in our circuit and therefore appli
  11. There's always a chance they'll fail to appear. And, in the event they call you and claim they dismissed it and you don't need to show up, you still better show up. I've heard of cases where they do this and get a default judgment because they really didn't file a dismissal. This actually happened to a very good friend of mine. For PRA, draft, serve and file your MIL and trial brief. If it were me, I would also fax PRA's counsel (whomever they chose) the MIL and TB including all the exhibits, especially the declaration of non service, so they have a chance to look them over and possibly dismis
  12. Because there was no judgment, just the settlement. Settlements are not listed on the reports.