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Found 31 results

  1. Hello all! A while back I started a topic asking for advice with regard to setting aside a default judgment and was very impressed with all of the help I recieved. The default was set aside and MCM did not oppose my motion. Now I have a CASE MANAGEMENT CONFERENCE on January 14th and I have some serious questions on how to prepare for this. 1) I was asked to submit a Case Management Confidentiality Statement. Previously I asked if http://www.courts.ca.gov/documents/cm110.pdf was the form I was looking for but never recieved a response. Before I go crazy trying to fill it in maybe someone can verify this for me? 2) Is there any information on how this form is addressed? For instance, it asks for a lot of dates and it asks information about discovery as well as questions for the plaintiff. What I would like to know if I need to have dates or discovery and do I just leave questions blank or is there a preferred format for addressing those? Any supplemental paperwork I should add? 3) What is a Case Management Conference and what would one expect from this appointment? 4) Lastly, any further advice anyone can think of with regard to this? Background on case: A long while back I applied for a Target Visa (I already had a Target Red Card) and was denied. Come to find out a few years later that there were 2 Target Visas in my name that were maxed out. Contacted Target and the rep. said that there shouldn't be 2 cards under the same social because the social is what they use to generate the cards. At any rate, the last I heard was that they would look into it. Life goes on and all is forgotton. Received a default judgment from MCM suing me. Never was served. Fought it with the help of the Law Librarian at CCC Court Library and you wonderful people here *huzzah!* The case is over 1 of the 2 cards. Once the default was sentenced I started to finally receive letters from MCM in another language for what apparently is the 2nd of the 2 accounts. Not sure if this second account can be combined into this open case or not but need help figuring out how to get these both out of my life and continue living it. Thank you for reading and any advice in advance!!
  2. Hello, First of all thank you to everyone that has contributed so much to this forum, the more I read the more valuable all this information becomes. I am very new to this and have been served and preparing my answer. Ihave a couple questions, really hope someone can help. My first question pertains to the SOL. My suit from a JDB with original debt from BofA was filed in my state of residence, MN. The debt however originated from when I lived in CA. Being that the SOL is different for the two states and would make a huge difference in my case which state's law is the court going to use? Second question is regarding lack of standing. Since this is a JDB and several years old and likely sold a couple times would using a lack of standing defense be a good idea in my answer, or as I have read in a couple of threads should I save it for later? Lastly, if I do use it in my answer how do I phrase it, I know that is a basic question but I can't seem to get an answer? Thanks in advance for any and all help.
  3. Greetings all. Love this site. Midland Funding is suing me. I answered the summons on time, however I believe my ADs are weak. I filed a CMS, but they did not. I attended the CMSC, but they did not. Unfortunately, I have fumbled the Discovery portion of the suit and I need help. The trial will happen in the latter part of next month. I sent them a Demand for Inspection of Docs, which they have sent to me. I also sent them a Request for Statement of Witnesses and Evidence, which was deemed improper. I have to resend it. They have sent me documents, such as Interrogatories, Product. of Doc. and Requests for Admission documents. I am confused on how to properly answer them, the docs, since they have already sent me affidavits, CC statements, Bill of Sale, affidavit of sale and other things. Please help.
  4. Hello I'm a newbie residing in CA. I've been following various threads on this forum for about a month now and I can't begin to tell you how much hope it's given me in regard to dealing with my JDB law suit. It is comforting to have found a community of people who have dealt with similar issues and are so willing to help/share strategies with a stranger. Everything I've read says it's not going to be easy, but that it can be done with diligence and perseverance! With the help and support of this forum I believe I will succeed. And if not, at least I've learned a lot and will be more prepared if there is a next time. To @Seadragon, @calawyer, @ASTMedic, @HomelessInCalifornia, and many others, I can't thank you enough!
  5. I have recieved a summons and the complaints have been validated. I understand that I would need to send a validated answer (not a general one) in order for them not to recieve judgement by default. However, I've been reading up on Demerrer and it seems like it could be an option in this state (CA). I'd like to get someone's opinion as to whether or not I could/should go that route? The plaintiff's complaints are as follows: CAUSE 1—BREACH OF CONTRACT 1) On or about 08-13-04, CITIBANK, NA and defendant(s) entered into an agreement for the issuance of a credit card wich defendant(s) requested. A credit card now bearing account number XXXXXXXXXXXX7786 was issued to defendant(s). This credit card account granted defendant(s) credit privilages in purchasing goods and services and/or receiving cash advances. 2) Defendant(s) accepted the written card holder agreement by using the credit card. Payments for the charges incurred were to be made in accordance with monthly billing statements sent to defendant(s). 3) On or about 11-13-09, defendant(s) breached the card holder agreement by failing to make the minimum monthly payment due. 4) Plaintiff and the original creditor have performd all of their obligations to defendant(s) except those obligations plaintiff or the original creditor were prevented or excused from performing. 4) Plaintiff sufferend damages legally and proximately caused by breach of the card holder agreement by defendant(s) in that defendant(s) left due and owing the sum of $1898.33 with interest thereon. Although demand has been made, the amount prayed for is due, owing and unpaid. 5) Pursuant to agreement of statute, plaintiff seeks reasonable attorney fees according to proof. CAUSE 2—COMMON COUNTS 1) Defandant(s) and each of them became indebted to the original creditor, CITIBANK, NA within the last four years: a. on and open book account for money due and b. because an account was stated by and between the original creditor and the defendant(s) in which it was agreed that defendant(s) were indebted to the original creditor. 2) Plaintiff also alleges that each defendant(s) becase indebted to CITIBANK, NA, within the last four years: a. for money lent by the original creditor to defendant at defendant's request, and b. for money paid, laid out and expended to or for defendant at defendant's special instance and request for the defendant's use and benefit. 3) The sum of $1898.33 is due and unpaid despite plaintoff's demand, plus prejudgement interest according to proof. There were no exhibits attached. **On another note, the Plaintiff is UNIFUND CCR (represented by Kenosian and Miele) not CITIBANK. Does this change the merrit of their complaint or how I should approach my answer? If I admit to the stuff about CITIBANK how would that help UNIFUND CCR? ...Gosh, this stuff can get a bit overwhelming..
  6. I have a question about this, if you're settling say... and old apartment debit with a CA. This debit is past SOL and you're paying it in order to clear the road for an eventual mortgage. What happens if the CA has tacked on unreasonable or even illegal levels of interest and you settle for nickels on dollars? Would this 1099-C reflect the difference between the original debit or the possible illegal interest?