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Found 133 results

  1. does anyone have a sample form for defendant's first request for production of documents to JDB? i searched everywhere for some guidance on how to draft discovery, but no luck so far. thanks for any assistance.
  2. I am wondering if there is a case where somebody has won a motion to compel in regards to a BOP where there is both account stated AND breach of contract.
  3. Let me start out by saying I HATE being in the position of having to defend myself in pro per against a Junk Debt Buyer in Los Angeles County. I find the whole process stressful and frustrating and would love to hide my head in the sand until it all goes away. It's tough trying to learn on the fly and prepare the best defense possible (although boards such as CI are amazing!), etc. However, now that I've made my official moan and groan, I do realize that my best defense lies in preparing myself for a long haul, in anticipating and preparing for each step of the process BEFORE the issue becomes urgent. Even though I have not even had a trial date scheduled (CMR coming up in about 2 months), and I am still in the process of propounding discovery on the Plaintiff, and I anticipate trying the 'ol Motion to Dismiss I need to also focus on what I believe will be my fall-back before trial... Motion(s) in limine! I've been researching how to prepare a proper Motion in limine and have found some good information already. For example, I have found that some of the common types of motions in limine have included: - Evidence that consumes unnecessary time or duplicative testimony or evidence - Evidence that creates a substantial danger of undue prejudice - Evidence that confuses the issues or is misleading when weighed against the probative value of the challenged evidence - Evidence that lacks foundation - Inadmissible business records or other writings relied upon by a witness - Evidence that raises authenticity issues - Evidence that would be barred by the discovery rules - Exclusion of experts not disclosed in response to a CCP 2034.10 demand - Exclusion of witnesses not listed in the witness list - Exclusion of expert opinions based on speculation - Limiting expert opinion to those opinions provided in deposition testimony - Opinions from lay witnesses - Limiting witnesses to only those identified in discovery There are many items in the above list that I strongly believe I could lay a foundation. I want to throw a wide net over the foundations to exclude... if it works, then without the evidence then it subsequently leads to the logical dismissal (hopefully with prejudice). --------------------- What I have not found is an answer to my questions (remembering that this applies to Los Angeles County Superior Court): Can I combine several of these types/basis issues into a single motion? If not, why not? If so, how would I go about structuring the Motion/Title, etc? Any other input? Thank you all in advance for your assistance in this matter! I look forward to hearing from you.
  4. So I pulled up a free credit report today and found that a company named Unifund has done a hard pull on my credit history, and I have a negative item from a company called Asset Aquisitions. I found the contact number for Unifund, told them what I just wrote, and they referred me to Lang, Richert & Patch the lawfirm representing them. I called the firm, told them the same, and spoke with a woman named Lydia. She let me know that her firm represents Unifund, that they want to collect on a citibank mastercard credit card I had in 2007, the last payment of which was made in january 2010. She stated they have sent me a letter giving me the opportunity to dispute the validity (which I never received) and have attempted to serve me (I have yet to be served). She told me the total amount on the card was 4000, that unifund wants 6000, and they would consider setlling for 4900. She also said I could make a payment plan with them to settle the debt, but I woudl incur court fees and other expenses. I told Lydia I needed some time to figure all of this out, and she said I have about 2 weeks to get back to her if I would like to settle. About me, I'm in my last year of college, and live off of grant money and student loans. I work as an unpaid intern in a lab, and go to school full time. Needless to say, I do not have 5000 to pay for a settlement. The card was opened by my father in my name, but was used by my father. While I understand this wasnt a smart decision, as my parents were going through tough times and needed the extra assistance. I was happy to help them and be there for them. My father has since gone through bankruptcy and I assume he thought this card would be wrapped up in that bankruptcy. Obviously this wasnt the case. Both my father and I live and work in california, the card was made and maintained in the same state, and the lawfirm is also in california. I have several questions, the first being, is too late to dispute the validity of the debt? Also, as the SOL for the debt has yet to be reached, do I have any chance of negotiating them to a lower settlement? What steps if any can I take to defend myself if/when I am served and this case goes to court. Finally what should I be doing? Any help or advice is greatly appreciated!
  5. Okay have been working on my answer to summons received from Asset Acceptance, pretty confident with filing the general denial after all the research I have done and not a lot, if any, defenses with the exception of the vague, etc etc. I feel pretty comfortable addressing the common count allegations of open book account stated in writing. However they have also listed the common count of unjust enrichment. I have done some research on is but haven't come up with a whole lot, so if anyone who has any experience or information on how to address this allegation would be great, specifically if there is anything I can assert in my answer up front to hopefully take care of that one. Some of my questions are: What is the SOL in California in this type of cause of action? So far the case law I have found shows 3 years however, those cases were within one of the specifically named sections within the CCP section. Does anyone know of a statute that addresses this type of debt? I have been researching but haven't come across one yet. If I can argue the 3 year SOL then will be able to put this allegation outside of SOL. I am assuming that to be able to assert this cause of action the Plaintiff must still prove their standing. I know they are going for a quasi-contract theory on this claim, in case they can't prove the written, however, if they assert even part of an express agreement, would that be sufficient to attack the unjust enrichment claim? Case law I have found so far holds that if there is an express agreement then one cannot recover under unjust enrichment. I think this is telling me they don't really have anything and they are throwing everything at the wall to see if it will stick, hoping I don't respond. What are the elements they have to prove for unjust enrichment? How much must they have to show that I allegedly accepted and received benefits? Would it be the same as for account stated, basic accounting from day one of the account? Thanks for all the help and advice so far, everyone has been so informative and helpful.
  6. Hi everyone, I was served about two weeks ago and have been researching what to do. I'm a full time student at the moment and will be leaving my job at the end of the month (which means they couldn't garnish any wages either way). The only asset to my name is a fully paid off car (which is going on sale soon actually). I've been forced to default on this card (and a negative balance on their wells fargo checking account) due to health reasons. I've never spoken a word with the collection agency. I'm not entirely sure how close I am to the statute of limitations and my credit reports don't show this account anymore. I know it's been over three years since my last payment but don't know if it hit 4 years (which is SOL for cali). I'm doing as much readin as i can, but being a full time employe and student drains my energy and time, any and all help is appreciated! Thank you guys for having this wonderful forum to help people fight back! Here are the answers to the standard questions: 1. Who is the named plaintiff in the suit? Me 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Brachfeld Law Group, P. C. 3. How much are you being sued for? $8,553.42 4. Who is the original creditor? (if not the Plaintiff) Wells Fargo Bank 5. How do you know you are being sued? (You were served, right?) Served 6. How were you served? (Mail, In person, Notice on door) In Person 7. Was the service legal as required by your state? I beleive so Process Service Requirements by State - Summons Complaint 8. What was your correspondence (if any) with the people suing you before you think you were being sued? Haven't spoken one word to them, ever. 9. What state and county do you live in? California, Los Angeles North-Central 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) I coulnd't find the exact info on this, but over three years ago. 11. What is the SOL on the debt? 4 years 12. What is the status of your case? Suit served? Motions filed? You can find this by a) calling the court or looking it up online (many states have this information posted - when you find the online court site, search by case number or your name). The court's website couldn't find my case number, i guess i'm just served. 13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) No. I haven't done anything. 14. Did you request debt validation before the suit was filed? Note: if you haven't sent a debt validation request, don't bother doing this now - it's too late. No 15. How long do you have to respond to the suit? (This should be in your paperwork). If you don't respond to the lawsuit notice you will lose automatically. In 99% of the cases, they will require you to answer the summons, and each point they are claiming. We need to know what the "charges" are. Please post what they are claiming. Did you receive an interrogatory (questionnaire) regarding the lawsuit? 30 days Charges are: A) - An open book account for money due - because an account was stated in writing by and between plaintiff and/or Plaintiff's assignor and defendant in which it was agreed that defendant was indebted to plaintiff and/or Plaintiff's assignor - for goods, wares, and merchandise sold and delivered to defendant and for which defendant promised to pay plaintiff or plaintiff's asignor - for money lent by plaintiff, or plaintiff's assignor, to defendant at defendant's request (the sum of $8,553.42) - for money lent by plaintiff, or plaintiff's assignor, to defendant at defendant's request - for money paid. laid out, and expended to or for defendant at defendant's special instance and request - Other: By the terms of the said agreement(s), Plaintiff or Plaintiff's assignore provided defendants, and each of them, with services rendered and/or goods, wares and merchandise and/or extension of credit at defendant's special instance and request and in consideration thereof defendants promised to provide payment in the sum of $8,553.42 and interest thereon which defendants and each of them failed to provide. 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. Nothing. ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ So i've sone some reading and it seems like I can answer with a general denial? I saw this form: http://www.courts.ca.gov/documents/pld050.pdf So I guess step one is to just fill this out and mail it to the court and the law group? How would i answer question #2 on the form? I also read to send a BOP to them, but i don't know what that is or where to find one. Would i sent it at the same time as my "answer" just mail it to the court and the law group? Also, the court they liste is one city over, i live about 13 miles form teh courthouse, any way to change the venue? Thanks to everyone that helps in advance!
  7. This site is great and filled with so much good advice!! I am being sued by Mandrich LLC CACH for a debt they purchased from HSBC. I have followed so many of the suggestions from all of you! I responded to their first notice of judgement with a general denial, I answered their ROG's and Discovery request with responses I got from this site. I served them with a BOP as many of you suggested. I received their letter denying my request for a BOP but they did send me some doc's on the debt they said it was a courtesy and not part of my BOP request. I just received from them a filing where they are asking for a trial date. Can anyone help me? Where do I go from here? In the doc's they sent the HSBC agreement has a arbitration clause. Is this a good path?? Help!! Here is some background information on my case Being sued by- CACH Plaintiff's attorney- Mandrich LLC Amount they are asking for- $4,200.00 Original creditor- HSBC Served in person Assuming I was served legally? I received a few demanding payment Last payment on the account was early 2010 Debt has never been disputed I see so much great help being given here! Just hoping someone can offer some help??!!
  8. Hey everyone, I'm new to posting, but this board has been amazing, captivating my interest for a while now. I've read a lot of really great tips and insight into how this whole process works, and now that I have to deal with it myself, I hope it wouldn't be too much trouble to ask for some of that insight. My question is regarding a "Stipulation for Judgment" that I received about a week ago. The people I've been dealing with are a law firm representing Capital One out of the Los Angeles area. Here's how I got it: I received a complaint/summons that was actually given to a relative of mine while I was out of town (they signed for it because they had no idea what it was). It reached my hands with about 3 days before the answer deadline. I filed an answer with a general denial of claims because they didn't provide any information about it, and I was just hoping they would be willing to talk about settling. After I filed my response, the law firm called and asked if I could work out an agreement. We talked about payments and finally settled on a payment plan, and they told me I have 10 days to sign the documents they send to make it happen. In the meantime, I also received a notice from the court about my CMC date, as well as an ADR packet. I was about ready to sign the Stipulation for judgment, but after reading some posts on here, it just seems fishy, and I wanted to run it by someone who knows what they are talking about (currently I cannot afford an attorney or court fees). Here is the summary of the content: Capital One Bank vs. Myself STIPULATION FOR ENTRY OF JUDGMENT It is hereby stipulated, by and between the Plaintiff (Cap One) and defendant (Me) as follows: 1. This matter has been settled and compromised pursuant to the terms of this stipulation which contains the entire agreement of the parties. There are no oral or written agreements or understandings not contained herein. 2. Defendant shall pay plaintiff a) a down payment of 100.00 to be received on or before March 23, 2011, plus a minimum of no less than $100.00 to be received on or before the 23rd of each and every month thereafter through August 23, 2011. The total amount defendant will pay plaintiff will be as follows: $2600 principal, $800 accrued interested, interest at the rate of 10% per annum from March 23, 2011 to the completion of payments, plus c) $600 attorneys' fees and costs of suit in the amount of $330, plus d) a first appearance fee, if one has not already been paid to the court, of $225 by separate check, made payable to LAW FIRM to be utilized in the filing of this stipulation. For purposes of this stipulation, payments shall be applied first to BLAH BLAH BLAH then BLAH BLAH, etc. Interested shall continue to accrue pending performance of this stipulation. It is hereby agreed that after August 23, 2011, the parties will try to negotiate a higher payment level with payments to continue at the negotiated rate on the negotiated schedule until the total judgment plus interest at the legal rate of 10% per anuum is paid in full. In the even that the parties do not agree to a new payment amount, the total balance remaining on the judgment plus interest will be all due and payable on or before September 23, 2011. 3. All payments pursuant to this stipulation shall be made payable to Capital One, and mailed to plaintiff's attorneys. 4. Defendant shall have a 10 day grace period on all payments with the exception of the initial down payment and any appearance fees. 5. Defendant agrees that plaintiff may give notice of conditional settlement pursuant to rule 225 of the California Rules of Court and/or may dismiss this action with a reservation of jurisdiction pursuant to Code of Civil Procedure Section 664.6 as appropriate and in plaintiff's discretion. Defendant understand and agrees that there will be no dismissal before filing and approval of this stipulation as an order of the court. Plaintiff and defendant agree that the court shall retain jurisdiction of this action pursuant to Code of Civil Procedure Section 664.6 regardless of any dismissal, pending the completion of all payments by defendant pursuant to this stipulation. The parties further agree that this stipulation may also be enforced by independent action. 6. Time is of the essence in the performance of this stipulation and payments due hereunder. 7. Acceptance of any one or more late payments or anyone acting on plaintiff's behalf shall not constitute a waiver or in any way prejudice plaintiff's right to receive and demand timely payments thereafter or to declare a default hereunder. Plaintiff, in its sole discretion, shall have the right to declare a default if any payment is not timely made as required herein, regardless of any previous failure to do so. 8. In the event that any payment pursuant is not received by plaintiff's counsel pursuant to this stipulation, defendant shall be in default and plaintiff may immediately file a motion to vacate the dismissal, if any, and to enter judgment against the defendant for the full amount of all sums prayed for in plaintiff's complaint, interest, attorneys' fees and court costs, less credit for all payments received. 9. Defendant hereby agrees and acknowledges a voluntary waiver of rights and the provisions of California Code of Civil Procedure Sections 583.160, 583.310, 583.360, 583.410, 583.420 and all other provisions of California law regarding dismissal actions for failure to prosecute or to bring an action to trial within any time limit. 10. The parties hereto agree that a commissioner of the court may hear any proceeding arising out of this stipulation. 11. Defendant hereby acknowledges that they had the opportunity to consult with legal counsel of their legal rights with respect to the form and content of this stipulation and the advisability of executing it. 12. This stipulation may be signed in counterparts by the parties and their attorneys. Each counterpart shall be deemed an original.