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Everything posted by BlackMetallic

  1. GCFS have very aggressive attorneys who just love to intimidate debtors but absolutely hate it when you actually start fighting them. One of them is very narcisstic and has an utmost contempt for pro per defendants who even dare to challenge his mighty omnipresence and omnipotence. But since they are extremely aggravating, they'll awake the defensive instincts in you pretty quickly, which is good. They are fond of trying to nail you before the trial, and their favorite route is: They send you their requests for admission, hoping you don't respond If you don't respond or respond incorrectly, they'll file a Motion to Deem Facts Admitted If they prevail at the Motion hearing, then they will try to get you with a motion for summary judgment. Search for posts here containing "GCFS". Shelbie had a good post, and so did Rivertime who beat their MSJ and then beat them at trial. They actually had to pay his costs I fought GCFS for a long time, but since I had 3 more creditors going after me at the same time, I eventually escaped into Chapter 7 BK. But, if I weren't also in a bad pre-foreclosure situation, I probably would not have done chap 7 and would have kept fighting them to the bitter end. If I were to do this all over again, I'd go on an attack early and start hitting them with BOP 1st, then some form rogs, then RPD's then RFA's. Tailor to the affidavits, bills of sale and other stuff they're sending you. Make sure you don't go over the limit that discovery rules impose for limited civil http://ceb.com/H2G/ConductDiscovery-LtdCivilCase/docs/link1.htm. Some people here suggest serving discovery in piecemeal increments, serving many sets. You'll make them work more that way, and hopefully they give up. These GCFS attorneys do seem like a bunch of pittbulls latched to trespassers' buttocks, but some people here have beat them. Your best sources of help are: CaLawyer, SeaDragon, ASTMedic, Anon Amos, HomelessInCalifornia... There are far more knowledgeable members here than I am, but I've tried to give you an idea of how GCFS fights, and they're sure relentless. But, don't be discouraged. Good luck!!
  2. Fair enough, but I am looking at a wide variety of different solutions and do not for one second believe a bankruptcy is a permanent solution for dealing with a secured loan, i.e. mortgage. I filed Chapter 7 bankruptcy first and foremost to get rid of cc debt and some other debts, but I appreciated the fact that the automatic stay gave me a breather to have the time to work with a HUD counselor, apply for a loan mod, consult with real estate attorneys, etc. etc, without the mortgage lender hounding me with all their collection efforts. I'm not that far behind with my payments and I think I have a fighting chance. If I am going to lose the house, I may as well put up a good fight. I just refuse to think any other way. If I end up losing the house, I want to look back and be proud of the fight I put in. Right now, as things are, 95% people don't even answer their credit card lawsuits, and few attempt to defend against foreclosure. If more people fought against banks and foreclosure mills, it would dramatically increase costs for such companies to pursue collections and foreclosure actions. The whole model is really based on people not fighting, as they are handsome profits to be made by default judgments and non-contested foreclosures. And of course, QWR requests would be just one of the many tools to potentially use. I wouldn't be foolish enough to base my whole defense solely on the action based on QWR. I'd definitely consult with the real estate attorney to see what (or if any) actions are available to me.
  3. I'm wondering if this is even possible due to jurisdiction issues, but here is the dilemma: Lender has filed a motion for relief of stay in my bankruptcy case. The motion was supported by a declaration of one of lender's employees, who is claiming to be a custodian of records/specialist, etc. etc. The declaration was signed under penalty of perjury and some of the information in it was incorrect. Once the bankruptcy is over, is it even theoretically possible to use that declaration to launch a RESPA/QWR inquiry into how loan servicer made the oversights/errors that can be seen in the declaration? Or is this a waste on my end due to the fact that the declaration was filed in one venue (Bankruptcy court), while I am using it outside of scope, so to speak. But, if I am not mistaken, RESPA is federal Law, so I keep wondering... I guess I am trying to fish out some loan servicer errors, so I am wondering if this could be used as an opportunity or if I am going down a blind alley with this idea. Thanks.
  4. Did he tell you if it is $2,000 all together, or if it is $2,000 plus the court filing fees? I would tend to think it's probably the latter, and it sonds like a deccent deal, considering that you have a business, and that the Chapter 7 (I am assuming you're going for 7) gets a bit more involved if you have a business/business debt. If you look at some of the bankruptcy schedules (forms), there will be a lot of extra questions to answer if you have been running a business in the last 6 years. I don't recall the section all that well, since it didn't apply to me, but I believe you have to include some profit/loss statements, bookkeeping records, etc. Doesn't seem too bad, just time consuming. I think this may be on the statement of financial affairs form, but I could be mistaken. If you google "Statement of financial affairs", it will take you to uscourts.gov web site, where you can see all of the empty bankruptcy forms. These will give you a decent idea of what kind of information is be requested of you to provide. You are a sole proprietor and not a corporation, right? The reason I mention this is that corporations, unlike real people, do not survive chapter 7 bankruptcy. But if you're the sole proprietor, the business is you, so you should be fine!
  5. Very, very true. To cut down on how long I need to have the rental, I have talked to a few dealerships that are willing to extend me a car loan even though I did not get the discharge of my debts yet. But they need a letter from my Trustee, stating that it is ok for me to get a loan, pre-discharge. I am not counting on this, but am exploring it as a possiblity. That is an excellent point. I thought I was ok with my insurance, as the customer service rep from my insurance company HQ told me that, upon surrendering my car, I could get my policy changed to the non-owner driver, and that I could have that policy for 4 or 6 months (don't remember exactly) until I get the new car and switch to "regular" policy again. So, today I called my actual insurance agent, and after they talked to their underwriter, I was told that agency not only doesn't do any non-owner rental policy, but that they do not cover rental cars, period. I was a bit confused that the company HQ would tell me one thing and that their agent would tell me something else. But I suppose, agents probably have some autonomy how they do things.
  6. Long story short, I am in Chapter 7 and am surrendering my car. I am going to get a new car after I get the bankruptcy discharge (some 40 or so days from now), but need transportation in the meantime. I figured I'd just use my debit card to rent a car but have noticed a disturbing trend with some of the rental companies checking credit scores even if you use a debit card. Are there any car rental companies that are more friendly towards some of us with bad credit/bankruptcy on the credit report? Thanks.
  7. Yup, I second what @willingtocope said. I'd go and get even 3-4 free bankruptcy consultations with different lawyers before you settle on the one that's the best for you. You are also going to get the most ouf ot these lawyers while they're trying to retain you as a client. Once you pay your fees, most lawyers (there are noble exceptions, though) become a bit scarce, so you end up working with their paralegals more than with lawyers themselves. They becomes less available for questions, etc (my experience). For that reason, get as many free consults from different lawyers as possible. As far as which bankruptcy: there is a Chapter 7 and a Chapter 13. If you are unemployed or have low income, Chapter 7 is the only solution. If you have steady income, Chapter 13 may be better, as it is better equipped for saving your house from the foreclosure. But it lasts for 3-5 years and you got to be current on the payments throughout that period. Chapter 7 will delay a foreclosure, but it is a temporary measure. However, even a 3-4 month delay (that is how long a Chapter 7 usually lasts) will help you get the stress level down and give you time to consider your options, which is very hard to do with aggressive creditor attorneys breathing down your neck, and impending wage garnishments and such. Finally, when you consult with a BK attorney, try to find out how long it will take your creditor to start garnishing wages/levying bank accounts after they won that judgment. You have some time (I think), but you probably want to synchronize your BK filing before they start doing so. Filing for BK stops all wage garnishment and bank levying dead in its tracks, but if they start garnishing before BK filing, then it'll get more complicated to get that money back. Also, it takes time to assemble and file all the documents for BK, but some of the Lawyers use software packages that make entering all that data easier for you. Yeah, Citi is by far one of the worst banks to deal with. They very rarely sell their debt and almost always eventually sue. When I search through my local court for the debt lawsuits, the vast majority are by Citi. They are a big reason why I filed for Chapter 7. They got so much money through bank bailouts yet they keep suing and suing. Isn't that called double-dipping???
  8. My mortgage lender is sending a lot of mixed signals, so I am trying to gauge their intent and come up with a plan. I was 2 payments late and then filed Chapter 7 due to crushing CC debt and upcoming CC Trials when my 3rd mortgage payment was due. After paying all the attorney fees, I did not have money to pay my mortgage payment, so I got to the point where I was 90 days late. A couple of weeks later, I sent all of the loan mod documentation, have been cooperating with them and been sending them all the documents they'd request. I also do have a fairly good income/job now (finally!), so I put all those figures in the loan mod, saying I can pay regularly from now on, but that I have hard time closing the 3-month payment gap without the mod/some help from them. Then, I kept wondering if they'd reject my single month payment in October (since I am 90 days behind), but I sent it anyway. To my surprise, they actually took it, and continued to work on my loan mod, and there was definitely activity. But, then, BAM!, they filed a motion for relief of automatic stay and used the section of the code that lets them give me and the Court only 14 days notice before hearing, instead of 28. In their motion, they also completely ignored the fact that I made a payment in October. I told all this to my Lawyer, who is working on an opposition brief. He's confident he can beat their motion, but the whole experience left me a bit shaken regarding the lender's true intent. Now, I keep wondering if I should send any more payments or just hang on to money and catch up later in the foreclosure process. I am fearful of a scenario where I am making payments and not letting myself fall more than 3 month behind, yet the lender denies modification. If they deny the loan mod, then I really have no financial means of closing the 3 month gap. I don't want to keep throwing good money after bad and still lose the house, But on the other hand, I've heard that if I stay at 90 days late, I have a much higher chance of getting a loan mod then if I slip even further behind. What do you thiink the bank's true intent is here? Aggresively foreclose or get the stay lifted, so they can get the loan mod done more easily (without the restrictions of a stay)? The dual tracking (foreclosing on the owner while there is pending loan mod is now prohibited in California as of Jan 1, 2013), so even if they get the stay lifted, they can't record a notice of default until they approve/reject my modification and comply with HUD counseling requirements for Calif. Another thing that also puzzles me is why they're spending money on a motion for relief of stay when I am about to get discharged from Chapter 7 just around 40 days after the motion hearing anyway? Are they that antsy to begin foreclosing? Aren't they spending a lot of money on those motions for relief considering they only save 40 day by it (provided that they win). I'll never understand their ways of reasoning...
  9. I think you've really nailed it with that statement. There is just so much social stigma regarding debt and bankruptcy that most people hide their problems and project a happy face to the world. It seems that too many people look at all these issues EXCLUSIVELY from the personal responsibility angle, as if we had total and complete control of everything happening in our lives. Yet it is incorrect to take a look at the personal behavior alone outside of the system and ignore the context it which it all happens. Maybe we should blame it on schools, but people really do not get taught systems & organizational thinking nearly enough. Somehow, the debt trouble so often gets pinned down as an individual problem and not the weakness of the system itself. I think the credit card universal default laws that were passed in 2004 created just so much pain and misery, but it's hard to find people who are willing to put the judgments aside and have an open discussion about banking, finance, debt collection industry, etc. I love the fact that we have this forum. It has been absolutely incredibly helpful. I can only imagine how difficult is to know when the new JDB is going to wake up and hit with a lawsuit. During my lawsuit fight phase, there were periods where I had months worth of piece, and then periods when I had 2-3 "attackers" going at the same time. I'm happy the debt will be discharged in Chapter 7, but since I am late on both of my mortgages, I am prepping for a foreclosure fight of my life. For a while, I wanted to procede fighting JDB's and OC's one by one, but then I got in mortgage trouble, and decided to focus on saving the house first and foremost, so BK came as a handy tool to wipe out CC debt, so that I am not fighting on too many fronts. But, bankruptcy is really not an easy way out, and it took me very long time to decide to actually do it. I need to resume my meditation practice. I did a lot of it in the 90's, but unfortunately stopped. Lately, I've been going swimming, and that has really helped with the stress level. Something about the water being so relaxing...
  10. Hi All, I'm just looking to find how some of you cope with all the stresses of fighting debt lawsuits or surviving bankruptcy, whatever your predicament is. I initially fought debt lawsuits in 2011-2013 period, but have eventually decided to file for Bankruptcy. I have a good Bankruptcy attorney, but he is not equipped to be my psychologist , so I am trying to find a way to cope. What do all of you do when the blues hits hard? It doesn't happen much to me, but when it does, it's with full force... Last week has been particularly hard. After a lot of push and pull with the Trustee for the price/terms of the car buyback agreement (unfortunately, I was able to exempt only part of my equity as the car has been paid off), and finding out that he won't budge on the price, I've realized that the agreement is not really a good deal for me, and have started coming to terms with surrendering the vehicle. And then, the mortgage lender comes in on Friday with their motion for relief of stay (even though I've been actively closing the gap and doing the loan mod), and I realized I will need to essentially give up the car to save the house. I'm pretty confident my Attorney will defeat their stupid motion (per my attorney, their motion's got a couple of major flaws in it), but it sucks when you find out on a Friday that they have filed for it. Plus it reminds of the saying that "the difference between a rattlesnake and a bank is that a rattlesnake will warn you before it bites!" It's been much harder than I thought it'd be, emotionally. I guess I got quite attached to my car over the years, even though it needs a bunch of maintenance and repairs. So, I am looking for rentals to tide me over until the discharge (when I can get a car loan again), and the emotions have been a bit overwhelming a bit. First I kept telling myself that it was "just a car", but then going back to 2006 when I bought it, I recall how happily I drove it off the lot (was just a 1 year old car), and, after a couple of cheap econoboxes, it was my first comfy car with a V6 that I was planning to use for a bunch of road trips, etc. But then, the financial troubles hit a year or two after, and there was never enough money for those trips, so I ended up with a not very fuel-efficient commuter vehicle. Eventually, when the dust settles, I'll be able to get another car, more suited for commuting and with better mileage and all. I know things we'll get better, but it sure stings a little bit right now
  11. Thanks to everyone for all of your help. The CU accepted my one month mortgage payment, which is encouraging. I am doing my best not to fall more than 90 days late with the loan, and am planning to start closing the gap with two payments in December cutting the arrears down to 60 days, modification or no modification. I suppose this is going to mean having to be on a rice and beans diet for a while, but I am willing to give it a try. My income is pretty decent/stable moving forward, and with the CC debt about to be discharged in Chapter 7, my income to debt ratio will get way better, which should in theory help the loan mod. The whole foreclosure delay would essentially be a plan B, if I don't get a loan mod and the CU doesn't want to work with me. If I end up losing the house in that case, I want to live for free in the home for as long as possible to build up some income to be able to afford the housing in the future. This is not the scenario I am really looking forward to at all, but I am trying to keep all of my options open at this point.
  12. I realize this is slightly off-topic, but does the bankruptcy court in your district have any case info available online? You may be able to access the Court calendar, pre-hearing dispositions for the Judges, etc. I've been reading through a lot of tentative rulings in the BK court in my area. They help me understand what the most common bankruptcy "battles" are, what the arguments are, how rulings are decided, etc. Although, if you have a relatively straightforward case with little or no assets, you may likely not even see the Judge at all. But, it doesn't hurt to be prepared. Also, if you have some time, I'd recommend sitting in on some of the meetings of the Creditors just to get a feel of what the Trustees do and how they do it. These are open to the public, so you're free to go there and listen.
  13. Just curious if anyone has had any experience defending against foreclosures in California or in any other non-judicial foreclosure state. I am currently 3 months behind on my first mortgage and have filed for Chapter 7 bankruptcy recently. The automatic stay is currently in effect, and the lender has not filed the motion for relief of stay (not yet). I have sent one QWR request and got the note, deed of trust and other basic stuff. I have also sent the loan modification docs, but was told not to expect too much to happen on it while I am in chapter 7. I have sent one payment this month (that's all I could do), but was told by the servicer that they need to consult with their lawyer to see if they would accept the payment. I'm not too optimistic that they will take the payment. Anyway, I am not really expecting much from the loan mod, and am trying to see what my strategies are to delay the foreclosure for as long as possible. I do have a BK attorney who has filed my case right before the lender got a chance to record a notice of default, so the foreclosure clock hasn't started yet. Once I get my debts discharged and the stay is lifted, I will still have those 90 days before the notice of Trustee sale, so I could try to catch up on my payments. My financial situation is such that I can keep making a monthly mortgage payment, but have hard time closing that 3 month payment gap unless I delay the foreclosure some 6-12 months out, which would give me a chance to catch up. My attorney has recommended filing a Chapter 13 in good faith shortly after Chapter 7 to save the house, but Chapter 13 is really my least favorite option, and I'd almost prefer to lose the house than to go through two bankruptcies in a row. I had to do chapter 7 because of various other debts (long story), but I realize that Chapter 7 only delays the inevitable (foreclosure) and is not really designed to fix it. However chapter 13 bankruptcies have such a high failure rate, so I didn't really want to go that route. With all the debts and high mortgage payments, it seemed like I would have had a really tough time surviving the 3-5 year payment plan. Now, I've seen a bunch of blogs online with people in non-judicial foreclosure states filing the Quiet Title complaints, other injuction actions, TILA actions, etc. etc. Has anybody here done any of it? I am trying to use my automatic stay wisely and read up on all defenses before the stay is lifted in my case. Also, I am seeing some of the securitization defenses, etc. but since my lender is a Credit Union, I am not really sure how to find out whether my loan has been securitized at all. I've tried searching through EDGAR, but there's nothing there. Apparently, with a credit union not being a public company, I am kind of a loss at how to even get a hold of the pooling and servicing (PSA) agreement for my mortgage. If I file any sort of lawsuit (quiet title) against my lender and do any discovery, they'll probably object the heck out of me trying to get a hold of the PSA. Does anyone know of any good foreclosure delay strategies? Anyway, I'm willing to fight it all the way through the unlawful detainer Court (if the lender forecloses), but would like to concentrate on all I can do to gain several more months of time before the foreclosure. Somebody here has commented that Unlawful Detainer Court is pure hell, so it'd be nice not to get there in the first place. Thanks.
  14. Are you going to file "pro se" or are you thinking of hiring an attorney? Your best bet would probably be getting a free consultation with one of the bankruptcy attorneys where you could ask this very question I am not a lawyer, but taking out a title loan on your vehicle (I am assuming you're getting a tittle loan on that existing truck), may complicate things. It is totally understandable if that is your only way of paying for the Bankruptcy attorney, but I think that the Bankruptcy trustee may require you to pay him the entire non-exempt value for the car, as if you had never gotten a loan. Once you file, all of your property becomes the part of the bankruptcy estate, but the problem is that the bankrupcy trustee can, by Law, go back 12 months and consider everything you owned 12 months ago as part of the bankruptcy estate. So, if you've made any transactions that lower the value of your BK estate in the last 12 months, the Trustee can ask you to pay for the difference. Now, he probably won't be able to make you surrender the vehicle if you get the loan (although I am not sure, as Trustee have a lot of power and can cancel contracts and such), as you have a secured lender with a car as a collateral, but he may ask you to cough up the cash value for the entire non-exempt equity on your car. I think you ARE allowed to sell/loan non-exempt property and use the money for necessities (food, shelter, etc.), but you need to keep really good records on it. But I don't know for sure if using that money to pay the attorney fees will give the trustee the claw back powers on it. Anyway, this is from a non-Lawyer, is not meant to be taken as a legal advice, and is merely my interpretation of what I've read so far about Bankruptcy code (and I sure read a bunch). Your best bet is getting either a free attorney consult to ask this question or perhaps go on avvo.com site and ask a lawyer online this very same question. But, this is where things generally get complicated, as doing last minute transactions shortly before filing can make your case trickier. But, I do realize that bankruptcy attorneys can be expensive (mine has cost me quite a bit), so where do we get the income to pay them??? Good luck to ya! Oh, by the way, get the "How to File Chapter 7 bankruptcy" book by Stephen Elias (NOLO is the publisher). The book is amazingly helpful even if you end up paying for the attorney. I wish I'd discovered that book much sooner.
  15. Yes, I have reused Homeless In California's MIL to preclude the admission of Declaration in Lieu, and have modified it to be used in my case. He did such a fantastic job on it! He has used Target v. Rocha in his MIL, so that has been tremendously helpful. Now, I'm checking my usps tracking # to see when Plaintiff will receive my MIL . But I am also going to do the subpoena and then fire off a couple of objections against the Plaintiff's untimely CCP96 request and untimely CCP 1987 request. Not sure there's enough time to file them with court (their backlog is longer than what I have in time before the Trial), but will at least get the objections served on the Plaintiff's Counsel.
  16. Actually, that was too much of a blanket statement for me to make. They have produced quite a few pages, and there are many cc statements in there, (lots of repeating and blank pages, too), but they also have gaps and some years and months are missing, too. In short, they're asking me for cc statements for the periods they have provided their copies of the cc statements, and for the periods they have not provided any of their copies of the cc statements. So, I guess my best bet may just be to object to their untimely request without saying anything about having or not having any cc statements at home. And I think some of the cc statements they have may be a weakness in my case. Can I use improper authentication objection against those (Cal. Evid. Code 1401), (Cal. Evid Code 1402)? Also, I am allowed to use the Federal Rules of Evidence Rule 1002. Requirement of Original, Federal Rules of Evidence Rule 1003. Admissibility of Duplicates.or is there a better California equivalent? Would their cc statements also constitute Hearsay?
  17. Short Summary: 1 - Plaintiff: Citibank, South Dakota (N.A.) 2 - Plaintiff's Attorney: The Moore Law Group 3 - State: California 4 - Limited civil case - sued for in the neighborhood of $17K 5 - The debt is not past statute of limitations 6 - Served by substituted service 7 - Complaint answered (Complaint was unverified) 8 - Long period of inactivity on both sides 9 - No discovery propounded on either side 10 - Plaintiff filed CMC Statement 12 - Trial got set 13 - Defendant (me) sent a CCP96 request and a request for BOP 14 - Plaintiff sent response to BOP and a response to CCP96 statement and the CCP98 declaration in lieu 15 - Defendant sent a certified letter stating that Plaintiff got their case # wrong on their CCP96 response. Also, Defendant objected in that same letter that the Plaintiff used Plaintiff's counsel PO Box for the witnesses' address on their CCP96 response (out of compliance) 16 - Plaintiff corrected their CCP 96 response and send the amended version. with the fixed case # and now the actual address for the potential witnesses instead of the PO Box (mind you, the new address is still the Plaintiff Lawyer's address, and they did not ask me for a stipulation to amend their CCP 96 response) 17 - Defendant filed an objection to Plaintiff's Declaration in Lieu with Court and had a copy served on Plaintiff 18 - Defendant then did some more research on this forum and found MIL is a better way to attack a declaration, so he created a MIL to preclude the admission of their Declaration in Lieu, and refashioned his objection so that it could be an objection in support of my MIL. This was served on the Plaintiff's Counsel. And today, I get a surprise from the Plaintiff's counsel in the mail in the form of: "Notice to Appear At And Attend Trial And Produce Documents (CCP Section 1987)" "Request For Statement of Witnesses and Evidence (CCP96, DISC-015 form)" Right off the bat, I can tell their CCP96 request is untimely. It has a postmark of Aug 22nd, 2013, and I've received it on August 24th, 2013. The trial is on September 13th, which basically means they're giving me less than 30 days (21 days only) to respond. Now, do I just ignore their CCP 96 as untimely and object at trial, do I send them a letter saying they are untimely or do I serve an objection on them, saying they're untimely? As far as the notice to appear goes, I am unsure how to handle their production of documents request. Shouldn't have they asked for all my CC statements (and they're asking for years and years of them) in the request for production of documents during discovery? Discovery is closed now. Are they trying to find a back door to do the discovery? Can I object on the grounds that they have missed their Discovery window and now have no right to ask for the documents? Furthermore, they have not included any of the CC statements they're asking from me on their CCP 96. Do I still have to bring any docs with me (if I have any) and then object to the judge that these are inadmissible as evidence since they're not listed on Plaintiff's CCP 96 response?. Or can I just say that their request for production of documents under CCP 1987 is oppressive, burdensome, Plaintiff is on a fishing expedition, burden of Proof is on Plaintiff, etc.? Also, the way I understand it, the deadline for requesting documents under CCP1987 is 25 days before trial (since they served me by mail, 5 days added), and I have received it only 21 days before the trial Should I just object to their CCP1987 as being untimely? Any help is greatly appreciated. I am at the point where I can clearly see some of the Plaintiff's screw-ups, but I still do not know the best way how to deal with their screw-ups to my advantage
  18. You've probably exhausted/gone through these options, but I thought I'd mention just in case: Have you looked at calif. civil code section 2923.5? If you have taken out your mortgage in a specific period (2003-2007, I think, but please double-check) and the lender didn't send you a pre-foreclosure letter stating you have 14 days to schedule a meeting with a HUD counselor (right before they recorded the NOD), you can contest the foreclosure sale on those grounds. Also, when a NOD was recorded, was the declaration that supported NOD signed under penalty of perjury? Have you checked at the county recorder's office. If the declaration was not signed under penalty of perjury, that can void a foreclosure sale, too.
  19. I got my MIL to preclude Declaration in Lieu almost completed. Now, I am curious how to attack their "Plaintiff's Responses to Requests for Statement of Witnesses and Evidence" that we have discussed above. Can I do another MIL for that, considering that, in addition to the list of witnesses mentioned there, there are also exhibits attached I'd like to attack? This is what I I've go so far: - Their original response had the wrong case # on it, and had a PO box (Lawyers' address) for multiple potential witnesses. PO Box was way outside of the 150 mile requirement - I sent them that certified letter and cited statues they were out of compliance with - Got their corrected response back before the 30 day before Trial deadline, but they never asked me to stipulate the amended response. (I hope the letter I sent them can't be interpreted as stipulation) - The amended response had the PO box changed to Lawyer's physical address, but still outside the 150 mile requirement - The attached exhibits are: (1) Telephonic Citibank credit card application dated (date provided), (2) credit card statements for the span of several years and (3) copies of payments received by Plaintiff from Defendant (1) - looks like some sort of computer report with some of my info. There is an application ID on it. (2)- these look incomplete. the sheer number of pages they sent was intimidating, but on the close inspection there are a lot of blank pages and repeating info (3) - and the check copies are illegible. So, do I do a second MIL and attack them based on 150 mile rule, improper address given and other violations and then write an objection in support of MIL and tear their evidence into shreds (Lack of Foundation, Hearsay, Improper Authentication, Federal Rules of Evidence Rule 1002. Requirement of Original, Federal Rules of Evidence Rule 1003. Admissibility of Duplicates)? Is there a better way? Thanks guys.
  20. It would probably be good to send discovery before your CMC, so that you can say that discovery is pending. However, If am not mistaken, the discovery cutoff is actually 30 days before the trial. Which means you have to add 30 days for the Plaintiff to respond and then add 5 more days if you're going to have them served by mail. So, the last moment to serve any meaningful discovery is 65 days before trial. But, I'd add 5-10 more days as a buffer, as I recently had the experience of seing my mail taking forever to get to get to Plaintiff. It was sent by CCMRR, but it got stuck between two postal hubs for something like 3-4 days. You'll have to check your local rules of Court, but some Courts (like my local Court) will let you ask for mediation, arbitration, etc. in your case management statement (we don't have the conferences here in limited civil, just the CM statements). Check with others to be on the safe side (I am not a Lawyer), but one option that may do you good is a Judicial non-binding arbitration. See if your court allows it. It's basically like a trial before trial, but if the Plaintiff prevails, then you can file for a request for a new trial (Trial De Novo). At least, this may give you some practice in the trial setting. Good going so far! We've been blessed in my area to have access to all Court cases and docs online, but it's so endlessly frustrating to me that there is all this access, yet I can find so few cases where people actually fight. 99% of them go like: Complaint, Civil Case Cover Sheet, Statement of Venue Declaration, Summons, Proof of service - mailing, Request for dismissal of DOES Request for default by clerk, Default by Clerk Entered, Request for default judgment, Judgment, Writ of execution. Pretty depressing, indeed The fact that you're fighting like this is awesome. Keep your head up!
  21. FInally found it in the local rules: 2.95Motions in Limine.(A)At least seven days prior to trial the parties shall meet and confer and exchange motions in limine and identifythe motions that are contested. Yes, 7 days is way better than 25 days.
  22. Thanks Anon Amos, HotWheel96 and ASTMedic. The remaining few things I am still trying to find out are: Do I actually need to serve that MIL on the Plaintiff's Counsel at least 25 days before trial? According to this, it seems like I need to, but I will mention that the declaration is on its way, per ASTMedic's advice. Thanks! Can I serve this MIL via Express/Overnight mail but still use POS-30 form for the proof of service? Thanks.
  23. HotWheels96: The address they've given me on CCP98 is within 150 miles of the Court, but I know that address belongs to a process service company, and is not an affiant's actual address. At the bottom of the declaration, it says: 11. Pursuant to CCP Section 98, this affiant is available for service of process case of "We The Process Servers", 1234 Somewhere Street, SomewhereTown, CA 99999, for the 20 days immediately prior to trial. Oh, sorry I didn't explain it more clearly. In addition to the CCP98 declaration, they have also sent the following doc: "Plaintiff's Responses to Requests for Statement of Witnesses and Evidence" So, there in paragraph 1, it says: 1) Responding Party, Citibank (South Dakota), N.A. intends to call Dorothy Ruiz, Assistant Vice President or on any of the following Assistant Vice Presidents designated as Custodian of Records and Authorized Agents who may possibly appear due to scheduling conflicts: Judy Delage, Steve Sabo, Richard Cameron, Brian Billings & Kara Brown.All Citibank witnesses should be contacted through: The Moore Law Group, APC, P.O. Box 25145, Santa Ana, CA 92799-5145 I sent them a letter and pointed the fact there was no address (just the PO Box) and that the case # was wrong So, just a few days ago, I got the amended "Plaintiff's Responses to Requests for Statement of Witnesses and Evidence", which had the paragraph changed to: 1) Responding Party, Citibank (South Dakota), N.A. intends to call Dorothy Ruiz, Assistant Vice President or on any of the following Assistant Vice Presidents designated as Custodian of Records and Authorized Agents who may possibly appear due to scheduling conflicts: Judy Delage, Steve Sabo, Richard Cameron, Brian Billings & Kara Brown.All Citibank witnesses should be contacted through: The Moore Law Group, APC, 3710 S. Susan Street, Suite 210, Santa Ana, CA 92704 They've changed the PO Box to an address without asking for a stipulation. Yet the new address exceeds the 150 mile requirement by more than 200 miles
  24. Hi All, I have 33 calendar days before my Trial Plaintiff (OC) - Citibank South Dakota, N.A, Plaintiff's Attorney - The Moore Law Group Amount sued for - around $17,000 CCP 96 request served and BOP served on the Plaintiff Plaintiff responsed to CCP 96 request and BOP and supplied the CCP98 declaration in Lieu by Dorothy Ruiz. I sent them a letter by CMRR, noting that I was planning to object since they violated the statute by not providing proper witness addresses, as well as put the wrong case # on their response. They sent me an amended CCP96 response just a few days ago, with a corrected case #, but again with no addresses for each possible witness, except for the Plaintiff attorney's PO Box and instructions to contact witnesses through the Plaintiff's Counsel (this screams denial of due process by Plaintiff's Counsel). And they amended without a stipulation CCP96 (d)No additional, amended or late statement is permitted except by written stipulation or unless ordered for good cause on noticed motion. So, my guess is that I include their transgression into my MIL, right? Since I had some extra time, I filed an evidentiary objection against the declaration in lieu and have had it served on Plaintiff's Counsel. But reading all these wonderful posts here, now I am realizing that objecting a CCP98 DEC in Lieu with a MIL would be a more technically correct to do it, right? In addition to the MIL, can I refashion my evidentiary objection as the "evidentiary objection in support of the MIL" and have it re-served on the Plaintiff's counsel, or should I leave it alone? I checked the Court's local rules and found out that MIL and Trial Brief are to be submitted on the day of trial. However, there was nothing in the local rules about a deadline to serve both on the opposing Counsel. In that case, do I just have to compliy to Rule 3.1548. Pretrial Submissions? Pretrial exchange: No later than 25 days before trial, each party must serve on all other parties the following: . . . (10)Motions in limine. So, I am using HomelessInCalifornia's excellent MIL as a starting point, but am adapting it to my case since I am dealing with an OC, and not a JDB. Now, are the days before trial actually calendar days before trial? I know when filing regular motions and figuring out how to calendar them, the Court days are actually used, but not calendar days. So, for the purposes of the Trial, does the xxx days before Trial mean Court days or calendar days? If it is calendar days and my calculation of 33 days before the Trial is right, according to the Rule 3.1548. Pretrial Submissions, do I need to (a) have my MIL mailed on the opposing Counsel at least 25 days before trial or does the opposing Counsel need to received the MIL 25 days before the trial? Since I'll need to do carefully modify HomelessInCalifornia's MIL to my needs, I was wondering if I can still use the POS-30 form if I have the Plaintiff's Counsel served by Express/Overnight mail. The POS-030 mentions "first-class" mail, so I am not sure If I can still use the form. Finally, I am planning to also subpoena the Plaintiff's CC98 affiant via the Sherrif Dept, but from what I have read and understood here is that I will not get the Sherriff's declaration of non-service literally until a couple of days before trial. So, I am guessing I just get the MIL served in the Plaintiff's Counsel, but actually bring the Declaration in support of MIL to the day of trial, with the Sherrif's declaration of non-service as Exhibit "A"? Is that correct? Also, what is the deadline to get the Trial Brief served on Plaintiff's Counsel? 25 days as with the other pretrial exchange documents? Many Thanks
  25. Well, let me preface with the fact that I am not a Lawyer and that none of this is meant to be construed as legal advice. But here is what I've learned by going through the experiences of fighting lawsuits and prepping for my Chapter 7 BK filing: The way I am understanding it is that you can pretty much file BK either before the creditors win (i.e. get awarded a judgment against you) or after. It is far better to file BK before any creditors get a judgment against you. If you do a post-judgment BK filing, the creditors cannot actively collect on a judgment, so the wage garnishment and that stuff stops. They're limited to something called "in rem" remedies, meaning they could put a lien on your house (if you're a homeowner), so you could not sell or refinance before paying them off. If you file BK before any of the creditors is awarded a judgment against you, then you can avoid these types of situations . Do speak with a good BK attorney, as BK can be tricky, and you can easily lose assets if you don't have a good Lawyer. My attorney is about to file the BK for me in a few weeks, so I am in a similar predicament. But, I did fight the Lawsuits first before deciding to file for BK. The BK makes Lawsuits stop (the automatic stay) dead in their tracks as soon the petition is filed with the Bankruptcy Court. Then, when your BK is over (it takes several months, I think) those debts are discharged, provided that you've listed them on your BK petition. Make sure you do a free consult with several attorneys (it's very important to talk to at least 3-4 of them. Almost all of them give a free consult. Don't settle for the 1st one you find. I can't stress that enough), so to get an idea if the BK exemptions are high enough to protect your assets. For example, with California System 1 set of exemptions, you get a bigger exemption to protect your home equity, but less protection for your car and personal property. With Calif. System 2, you can protect your car and personal property much better, but your homestead exemption will not protect as much home equity as System 1. Also, how much time you have to file BK depends on how far your Lawsuits have progressed. Have you actually been sued or are you just being threatened with Lawsuits? If you have been sued, have you answered any of the Lawsuits? Is a motion for summary judgment or a trial getting near? Apparently, any of these events would largely determine how quickly you want to act, assuming you want to file BK pre-judgment. Aside from getting free consults from BK Attorneys, look into some of the Nolo books on Chapter 7 and Chapter 13 BK. I have their Chapter 7 book, and it is excellent. It is helping me ask my attorney much better questions about the process.
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