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Everything posted by phoenix02

  1. Oh, no- with everything else going on, I got the date wrong! I was going off when I received it, like an idiot, not when it was served!!! Service says August 15th, so it had to be served by the 19th. What do I do? Try to get it done and in the mail tomorrow regardless, or am I just doa on this?!?!?
  2. Hello all, I have a boilerplate request for interrogatories and admissions after a general denial and request for BOP to OC. BOP was provided, but is only about 70% of the account statements. I have had it for a month and haven't had time to deal with it- i have 4 days to answer. My wife had a major surgery so I have been playing mr mom as well as self employed husband, so my time is short. The whole idea of fighting this was just to make time to get the money together- $2800- to settle before a judgment. It's looking like that's not going to happen, financially, so my question is- when d
  3. Well, that was fast. I just received special interrogatories, set one, requests for Admission, set one, and demand for production of documents, set one- 35 days to respond. No response to the BOP request. Researching now- wonder if I should respond asap so I can deny pretty much everything bas3d on not enough information known due to a lack of response on my BOP request. I have no paperwork to materially fully admit or deny their interrogatories and have received nothing as of yet. If I wait to get the BOP, I have to pretty much admit to everything and the case is closed, right? I
  4. Well, I filed and served the general denial and a Demand for BOP. Got a trial setting date on Oct 8th. Seems kinda soon, doesn't it? Anyway, back to the grind- going to wait to see what the BOP comes back with and figure it out from there.
  5. Thanks everyone! I decided to wait to file my response until I heard back some more from this group. I'm heading down on Thursday to file. Is my best bet just a general denial without any noted affirmative defenses? I don't want to acknowledge anything unnecessarily- I did have an account with the plaintiff, but as they did not note any account info or anything, as I see it I have nothing to go by to agree with anything in the complaint other than my name being right. Is the GD the right way to go as I am thinking? I don't want to be splitting hairs too much or not acknowledging something that
  6. Also, honestly my target is to prolong to try to get some money together to settle. I have nothing now- am going to use a fee waiver for the filing fee. I know being an OC there isn't much I can do. Alternatively, I have no major assets to my name, our house is in my wife's name, I am self employed and don't have a regular paycheck to garnish. Is trying to prolong just going to rack up lawyer fees for them to tack on to my bill? Much as I hate to do it, am I better off letting them get a default and then deal with settling or paying whenever I can? Thanks!
  7. Hello all, I am dealing with a lawsuit from Capital One in California, brought by Hunt & Henriquez. It is original creditor, so I am a little stumped as to what to use as affirmative defenses. Amount prayed is just over $2800. Requesting interest in the amount of 0.0000% since September 19, 2018, but no indication of when defaulted or charged off, and no note of account number of any identifying information. All I can come up with is to use the general denial PLD-050, and add an affirmative defense that plaintiff has not proven validity of claim under 2. AFFIRMATIVE DEFENSES- "Pl
  8. It was servied in person to my wife directly. A fee waiver would not be a problem with our current financial situation. My concern is in mailing a check, they don't process it before the end of the month and then they file for a default judgement against her, then process the $2700 settlement, "forget" the settlement agreement and then come after us for the remainder of the default judgment. I was able to borrow the money so I have the $2700 now and can pay asap- I am just gunshy to trust them to uphold their settlement agreement if I just send the check without the agreement in writing.
  9. Sorry for another post, but a little more info- account opened 1/15, last payment 2/18, charged off 7/18. The reason I want to settle is because I don't want to risk a judgement for balance and court costs. We don't have wages to garnish right now but the equity in our home is higher than the homestead exemption. The plan is to sell the house and move to another state as soon as we can, but my wife needs a special surgery that a handful of docs can do, so we want to get it done here before we move. My concern is them getting a judgement, placing a lien on the home and being able to force
  10. Oh, one other thing- on the first phone call to them, I had it on speakerphone, the rep asked if my wife was there, she said yes, did not say I was authorized to discuss the matter, did not say I was authorized to act as agent for her, etc. Every other call was with me alone. I am not a party to the lawsuit or a cosigner on the original CC. I found that odd, but did it for two reasons- my wife wouldn't know what to say to them, and second if they thought they could use the recordings of the calls in the court case should it proceed as an acknowledgment of the debt, my wife, the defendant, did
  11. Btw, the courthouse is about 50 miles away so it's a hardship for us to even get there- my only vehicle gets 10MPG. I have to go down on monday for a doctor's appointment at a new specialist for my wife we just got approval for, so I was hoping to stop by the court and file while we are down there rather than having to drop another $35 on gas to go down again just to file the response.
  12. My wife is being sued by Capital One in CA by Nelson and Kennard. They filed on the 12th of last month, we were served on the 28th, so I have to file a response pretty quickly. I have been speaking with the lawfirm on a settlement for the past week. Lawsuit is for $3578 or so, plus they have tacked on $317 for fees for the filing, I suppose. I was able to borrow some money from my father to pay this and the best I could get was $2700 lump sum by the end of the month. The problem is that I requested this in writing and was told it would probably take longer than the end of the month
  13. Woo-hoo! Thanks. I didn't know exactly where to find that. I really appreciate it, as this issue is one of the few concerns that was keeping me here. Thanks so much, Phoenix02
  14. Hello all! I have some credit debt that I defaulted on due to hard times back in 2010. I've successfully fought off a lawsuit from one creditor, have requested verification from others. Anyway, I still have this debt outstanding, and the SOL is up come October/ November of this year, living in California. I've been laying low waiting for the SOL, as it's coming so soon. Now, we're looking at moving to another state, specifically, Tennessee. It looks like we're going to be moving next spring, so it'll be after the SOL in California. My question is, moving to Tennessee, with an SOL of 6 year
  15. Okay, now that the shock of happiness of this almost being over has settled, I've thought about it some more. Should I just be happy to be done with it for now and hope that it won't be brought again in the next year, or should I respond to plaintiff's counsel that I will agree to a dismissal on the following grounds- 1- With prejudice 2- All collections actions on the part of the plaintiff and assigns is to cease 3- Record of the debt in question shall be stricken from my credit record 4- Record of said debt shall not be added to my credit record at a future date by plaintiff or assigns 5-
  16. I WON I WON I WON!!! Okay folks, just wanted to let you all know how grateful I am. I was just served with the motion to dismiss on all accounts without prejudice. It's over for now!!! I'm hoping they won't file again before statute is up October 2014, but, we'll see. Thanks so much everyone. -Michael (Now that it's over I don't feel the need to hide my name in case anyone on their side is reading the board.)
  17. "The new rules will apply to debt buyers with respect to all consumer debt sold or resold on or after January 1, 2014." I had hoped it would help, but it seems it would not in my case. Though it may not be directly related, could it be brought in on "intent of law?" Kind of like case law- it may not apply directly, but it lays out the general intent of the law in the case. It may not be directly applied, but could sway the court's decision. Am I off base here? Thanks, Phoenix02
  18. If they were to win, could they add to their requested judgement? I mean, it's just over $4K now, is that what they can get, or after trial could they add the cost of flying in the witness and lawyer's fees, etc, to the judgement amount? Right now, they're asking for their stated balance and $299, the filing fee for the case.
  19. Their prayed judgement is just over $4000, so I doubt they would go through the trouble of flying in a witness.
  20. I know... I realized my mistake afterwards... lack of sleep. Temporary insanity. All I thought about was the fact that I was springing this on them at the last minute; it seemed fair to me to give them fair chance to respond. But... being nice has no part of civil procedure. I pray I didn't screw the pooch because of it. On the plus side, I didn't have a trial brief, didn't have a declaration to go with the MIL... now maybe I can get that stuff in. Thanks!
  21. Okay, finished with court an hour ago. I gave the MIL to the judge and opposing counsel. Opposing counsel said Target v Rocha is inapplicable, so he wasn't worried. He stepped out into the hall to read the MIL. I heard a loud discussion to include "but what do I do about the Affidavit dismissal? How do I blah blah..." betwen opposing counsel and another lawyer. He came in about 15 minutes later and asked for a continuance so the plaintiff can call a witness in person. I accepted and a new trial date of Jan 10 was set. I have a confer with an attorney in a couple hours to see if she can take t
  22. Ok, so, here's my plan of action. Maybe stupid, but with everything I've been going through medically and financially over the last year, it's better than nothing. I am not going to file the MIL before the trial, but present it orally, My defenses: 1- BOP was not sufficiently replied to. 454 states a full bill of particulars is necessary to be furnished if requested. a hand full of Account statements not starting with a $0.00 balance is insufficient. No contract was furnished. 2- CCP98 statement has a false address for service. Attempted service day before trial and the server was told by an
  23. One more stupid question- the CCP98 Declaration is BIG. about 3/4" thick. It was filed with the court, it is in my custody and of course the custody of the plaintiff. Do I need to make copies of that to include with the MIL? It's a lot of paper. Thanks, Phoenix02
  24. From what I've been reading as to the standard procedure of court it seems this case isn't being handled properly at all. We had the CMC, at which time the judge made the trial date. There was no pretrial conference, there was no mandatory settlement conference, nothing. I've not written any trial brief or declaration yet. The opposing counsel has not written anything either. Very little has gone back and forth- no discovery on either side. I sent a BOP, they sent account statements. They sent me the CCP98. That's it. Oh and the CMC statements. Nothing else. So, I'm now writing my MIL, and I