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Found 134 results

  1. According to Code of Civil Procedure § 418.10.b, the hearing on a motion to quash service must be within 30 days of the filing of the motion, but when I called the court to get an assigned hearing date to prepare the motion, they gave me a date three months away. The clerk accepted my motion to quash and put the hearing on calendar on that future date. I'm presuming it's okay since the court sets the date, but does anyone know why the date is so far away and if the plaintiff can oppose the motion on the grounds it's not within the 30 day window? Is there something I'm missing? Thanks in advance. I started a new thread on this from here: http://www.creditinfocenter.com/community/topic/322480-substituted-servicediligence-timeline-question-in-los-angeles-county/ because if I need to take further action on the motion itself or even redo it, that needs to happen fairly quickly.
  2. I sent request for CCP96 to PL on 12/09 and got a response back on 1/4 (they put it in the mail on 1/2). I know they have 20 days +5 days mailing. If I am figuring this out right they are either one or 2 days late. Since it was due on 1/3 and wasn't there is that 2 days late? Also do I need to do a motion for it being late or just bring it up when they try and introduce evidence or witnesses? Thanks.
  3. Hi, I am from Los Angeles, California, the court location is Chatsworth. Can anyone with California 's knowledge please tell me.. Questions about case management conference and / statement filing: JDB filed the Summon past mid June 2013. Orginal trial set was next June, but Judge moved that to November 2014. Can anyone please tell me,.... How do I find out the Case Management Conference date? ( I was told it's about 6 months after the Summon, correct? And ...I need to submit a Case Management Statement to both the Court and Plaintiff, correct ? ( is it at least 15 days from the Conf date?? Thank you.
  4. 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!!
  5. 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.
  6. 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.
  7. 1. Who is the named plaintiff in the suit? equable Ascent financial But just noticed the Plaintiff noted on their case management statement is Cavalry SPV? First time that name has been on anything. Same lawyer listed. 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Legal recovery law offices 3. How much are you being sued for? Around 3600.00 Now 4400.00 4. Who is the original creditor? (if not the Plaintiff) chase 5. How do you know you are being sued? (You were served, right?) Served at home 6. How were you served? (Mail, In person, Notice on door) My person at my residence 7. Was the service legal as required by your state? Yes I believe so 8. What was your correspondence (if any) with the people suing you before you think you were being sued? none 9. What state and county do you live in? orange county California 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) Not 100 % but I'm thinking around sept 2009 11. What is the SOL on the debt? To find out: 4 years in CA 3 years for Chase DE is 3 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). ROA Docket Entry Filing Date Document Select 15 CASE MANAGEMENT STATEMENT FILED BY EQUABLE ASCENT FINANCIAL, LLC ON 09/17/2013 09/17/2013 6 pages 14 E-FILING TRANSACTION 478576 RECEIVED ON 09/17/2013 01:56:13 PM. 09/17/2013 NV 13 CASE MANAGEMENT CONFERENCE SCHEDULED FOR 10/11/2013 AT 09:00:00 AM IN C63 AT CENTRAL JUSTICE CENTER. 08/28/2013 2 pages 12 NOTICE OF TRANSFER OF WEST JUSTICE CENTER CASE TO CENTRAL JUSTICE CENTER - ADMIN ORDER 12/7, EFFECTIVE 10/01/2012. 09/28/2012 2 pages 11 REQUEST FOR ENTRY OF DEFAULT (DEFAULT JUDGMENT PACKET) SUBMITTED BY EQUABLE ASCENT FINANCIAL, LLC REJECTED ON 09/19/2012. 09/19/2012 1 pages 10 PROOF OF SERVICE BY MAIL FILED BY MXxxxx,xxxxx ON 08/10/2012 08/10/2012 1 pages 9 PAYMENT RECEIVED BY FOR 173 - ANSWER OR OTHER 1ST PAPER <=$10K IN THE AMOUNT OF 225.00, TRANSACTION NUMBER 11198619 AND RECEIPT NUMBER 11022511. 08/06/2012 1 pages 8 ANSWER TO COMPLAINT FILED BY MXxxxx,xxxxx ON 08/06/2012 08/06/2012 2 pages 7 PROOF OF SERVICE OF SUMMONS FILED BY EQUABLE ASCENT FINANCIAL, LLC ON 07/10/2012 07/10/2012 2 pages 6 PAYMENT RECEIVED BY FOR 131 - 1 COMPLAINT OR OTHER 1ST PAPER PAPER IN THE AMOUNT OF 181.00, TRANSACTION NUMBER 11176523 AND RECEIPT NUMBER 11000415. 07/02/2012 1 pages 5 DECLARATION - OTHER (VENUE) FILED BY EQUABLE ASCENT FINANCIAL, LLC ON 07/02/2012 07/02/2012 1 pages 4 DECLARATION - OTHER (REDUCED) FILED BY EQUABLE ASCENT FINANCIAL, LLC ON 07/02/2012 07/02/2012 1 pages 3 SUMMONS ISSUED AND FILED FILED BY EQUABLE ASCENT FINANCIAL, LLC ON 07/02/2012 07/02/2012 1 pages 2 CIVIL CASE COVER SHEET FILED BY EQUABLE ASCENT FINANCIAL, LLC ON 07/02/2012 07/02/2012 1 pages 1 COMPLAINT (B&P 6322.1) FILED BY EQUABLE ASCENT FINANCIAL, LLC ON 07/02/2012 07/02/2012 5 pages 13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) No 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? 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. With the summons was an affidavit of venue stating he is the attorney and proper jurisdiction. Declaration of a fee reduction for themselves Complaint for money - few pages where is states Chase (wamu) as original creditor and last four number of account. they state last payment October 30 2009 first cause of action- breach of contract Second cause of action-account stated ==================================================== I'm not sure what to bring tomorrow or what to do at this point. can I go for my husbands hearing in his place as he might not be able to get out of work... A few other things, they sent me someone's else information that had a close name to my husband that said verification of debt. It had different case number, different plaintiff , diff amount due etc. I randomly received this in the mail a few weeks ago by Same people... They also photocopied a chase visa agreement and a bill of sale that has chase selling to Hilco with a few signatures none of which our any we recognize. We asked for information showing that this debt is our and a BOP in which we got a response stating " plaintiffs complaint alleges breach of contract and account stated as cause of action. As such it is plaintiff position bill of particulars is inapplicable to plaintiffs cause of action" They quote Ca civ. proc 454 and state a Bop is not appropriate in an action on a account stated because an account stated is deemed to merge the various items on which the earlier accounts were based. Ie nothing left to itemize. Ugh don't know what to bring or even do. Please help
  8. **Found this online this morning** Harassing text messages aren't just for scorned lovers anymore. At least one debt collection agency has been using texts to go after indebted consumers -- and the government says that those texts broke the law. The Federal Trade Commission regularly sues debt collectors for illegal collection practices, but for the first time it's gone after a debt collector for chasing consumers with text messages. National Attorney Collection Services, Inc. and National Attorney Services LLC, which are both based in Glendale, Calif., and owned by Archie Donovan, have agreed to pay $1 million in the case. It's not actually illegal to use text messaging to collect on outstanding debts. The big issue here is the name: Not only did the debt collectors fail to disclose they were calling from a debt collection firm, the companies' names gave the false impression that they were law firms. And according to the FTC, collectors represented themselves as attorneys or legal assistants in their text messages and phone calls. FTC.govThe collectors also broke the law by revealing people's debts to their friends, family and co-workers -- specifically, by using envelopes with a cartoon of a man having his pockets shaken out by Uncle Sam. To protect consumers' privacy, debt collectors aren't supposed to reveal on their envelopes that there is a collection notice enclosed. In a blog post amusingly titled "DONT VIOL8 FDCPA. K? THX," the FTC said that the debt collectors also directly disclosed debts to family members in phone calls and texts. Trying to shame consumers like that is a big violation of the Fair Debt Collection Practices Act. In addition to the $1 million fine, the companies will have to cease any debt collection practices that violate the FDCPA, including changing the names of the businesses so as to stop giving the impression that they are lawyers.
  9. Can Cach, LLC legally sue (does it have the legal capacity to sue) in California through Mandarich? I have read that they can sue but can't "maintain it" as I understand it. On the small claims court website it says the case can be dismissed if not registered. So can I get it dismissed based on this? Of course they can refile once they register but it might help someone that is close to SOL. I checked with the secretary of State and they are not registered there. So is Cach considered a foreign corporation and transacting interstate business by suing here? Foreign corporations are prohibited from transacting intrastate business without obtaining a "certificate of qualification" from the California Secretary of State. Corporations Code section 2203 subd. © only bars a foreign corporation from "maintaining" an action based on intrastate business transacted in California. (United Med. Management Ltd. v. Gatto (1996) 49 Cal.App.4th 1732, 1739.)
  10. Alright Ladies and Gents, the day has arrived....I suppose we should get down to business: ========== Background =========== I've been checking my local court site daily because I heard that Persolve were scumbags...NO SUMMONS DELIVERED but this popped up online within the last few days. I have had virtually no contact with them. I have hung up on them a few times. Main Questions: i) Do I take this on myself, or hire an attorney? ii) What is my first step based on the answer to i 1. Who is the named plaintiff in the suit? Persolve LLC / Account Resolution Associates 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) (from online court site) Attorney: Edit Alexandryan Persolve, LLC , 9301 Winnetka Avenue3. How much are you being sued for? 5k < ME < 10k 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?) Case showed up on county website....never served 6. How were you served? (Mail, In person, Notice on door) Wasnt...persolve are scumbags 7. Was the service legal as required by your state? Nope (unless i haven't got it yet, but shouldn't they serve before they file claim? 8. What was your correspondence (if any) with the people suing you before you think you were being sued? No contact. A few answered calls and i just hang up on them when they say who they are. 9. What state and county do you live in? California 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) ~Middle 2010 11. What is the SOL on the debt? To find out: 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). Summons Filed (apparently, at least it says this online.) 13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) No 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? Have no paper work, how do I find out? 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. Have no idea. Either they never sent it, or I haven't received it yet, but it shows up online.
  11. Uh-oh, preparing my MIL and trial brief and just realized the subpoena was supposed to be filed with the clerk! Process server attempted service (failed of course) and i thought i was ready to go but just came across this. What to do? trial is next monday. Theoretically could file it in the morning and have them attempt service on tues weds thurs then file MIL on friday. Trial brief needs to be filed and served 5 calendar days (weds) so im unsure how to incorporate the MIL in that any advice? burning the midnight oil tonight. Will be consulting with clerk in the morning, but wanted to gather feedback from here, as the MIL is critical to the case
  12. A now closed, assetless business with a business account. The RFA says "Admit you used the account." They've provided almost no documentation, despite my requests. I have to answer the RFA now. If I made purchases for the business using that account, is there any reason not to say so if I am adamant that I am not personally liable for the debt? I've been reading so many posts I can't think straight anymore. Thanks in advance.!
  13. 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!
  14. 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
  15. Here we go! I received a notice from the courthouse saying a trial date has been scheduled for later this month. I actually wasn't expecting this so soon because I just responded to Midland Funding's demand for production of documents, requests for admission, and special interrogatories about a week ago. I've moved out of California, but the court participates in the CourtCall system. I'm hoping to schedule to appear by phone. What is the best defense strategy at this point for lack of standing? #19 below spells out the documents Midland sent in response to my RFP. When it comes to the sale/transfer of all right, title, and interest to the account, I believe the documents they provided are insufficient. Should I do a court appearance by phone and argue that Midland has not provided evidence that substantiates their ownership of the account? Should I send a follow-up RFP asking for the documentation that's missing? Can I file some kind of motion with the court to tear down their evidence? My husband is still in California, so I'm able to sign documents, send them to him overnight, and have him mail things on my behalf or file papers with the court in person. My sincere thanks to everyone in this excellent community who have been helping me through this! 1. Who is the named plaintiff in the suit? Midland Funding. They claim all right, title, and interest to the account was sold to them. 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Midland Funding, no outside lawyer. 3. How much are you being sued for? $6,000+ 4. Who is the original creditor? (if not the Plaintiff) Chase Bank USA, N.A. 5. How do you know you are being sued? (You were served, right?) I was served. 6. How were you served? (Mail, In person, Notice on door) Left summons at a commercial address where I have a mail box. 7. Was the service legal as required by your state? Yes 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? None. I've since seen copies of their collection notices. However, the notices were mailed to an incomplete address - a commercial address where I have a mailbox without a mailbox number. 9. What state and county do you live in? Los Angeles, CA 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) Three years. 11. What is the SOL on the debt? SOL has passed. 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). I filed a General Denial and sent a RFP to the Plaintiff (Midland). They responded by sending me documents outlined in #19 below. Midland sent a demand for production of documents, requests for admission, and special interrogatories. I responded to these in late July. 13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) Yes. 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. I never received any collection notices from Midland. 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. I responded to the suit in time by filing a General Denial. 16.We need to know what the "charges" are. Please post what they are claiming.Common counts,account stated,breach of contract,claims of debt for goods sold and delivered,for work performed,for money loaned or advanced,for money paid and repayment is due,for money received on behalf of the plaintiff,money due on an account stated or on an open book account, indebitatus assumpsit, quantum meruit,quantum valebant,unjust enrichment. The cause of action is account stated: "... became indebted on the Account to Plaintiff in the sum of $--- on an account stated in writing by and between Plaintiff and Defendant in which it was agreed that Defendant was indebted to Plaintiff." 17.Is the complaint "verified".? A verified complaint is one in which the last page it has a declaration from someone stating that the information and allegations are true and correct under penalty of perjury. The summons doesn't include a signed declaration. 18.Did you receive discovery or interrogatory or Admissions (questionnaire) regarding the lawsuit? No. 19. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. No evidence was sent with the summons. In response to my RFP, they provided me with an affidavit regarding the sale of a pool of accounts from Chase to 'Collection Agency A' and a bill of sale for a pool of accounts from 'Collection Agency A' to Midland. There is no bill of sale or backup documents regarding the initial sale of the pool of accounts by the original creditor to the collection agency who originally purchased them.
  16. I just recently sent a last minute BOP (7/26/13 they received 7/30/13) and received a response of "Our Office received your Demand for Bill of Particulars dated July 26, 2013. Per CCP 2024.40(a), your request is untimely and therefore no response will be provided . Please note, Plaintiff did supply 117 pages of billing statements in response for your request for production of documents on November 30, 2012. " I am sending them a meet and confer notice stating " On July 26th, 2013, Defendant served its request for a Bill of Particulars on Plaintiff. Pursuant to CCP section 454, Plaintiff has ten days to respond or it will "be precluded from giving evidence thereof. " As described below, plaintiffs’ response is entirely deficient. Plaintiff has not provided an itemization of the account showing all items and details of the account on which the cause of action for unjust enrichment by goods sold and delivered, money had and received, and /or money lent or paid of plaintiff’s complaint is based, including the date of each transaction, a description of the services, materials or goods supplied or other considerations rendered, the price or charge made for each item, and all payments or credits that have been made to the account including details of interest calculation or fees charged at issue in this litigation. Such basic information is required to prove plaintiff’s claim. Plaintiff should have such information readily at hand. If not, it is difficult to understand how plaintiff acquired a good faith basis to file the lawsuit. Please serve a full response on or before August 9, 2013. If Plaintiff fails to do so, Defendant will move the Court for an order requiring a further response or, in the alternative, an order-precluding Plaintiff from offering any such evidence at trial." Problem is that my trial date is August 12, 2013. Background of my case is as follows: 1. Who is the named plaintiff in the suit? Capital One Bank (USA), N.A. 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Michael Boulanger, ESQ Law Offices of Patenaude & Felix, A.P.C. 3. How much are you being sued for? $2882.29 4. Cause of Action: Common Counts " because an account was stated in action between plantiff and defendant in which it was agreed that defendant was indebted to plaintiff." "This cause of action is based upon account number XXX for the sum by which Defendant has been unjustly enriched by virtue of Defendant and/or accepting benefits bestowed. It is inequitable for defendant to retain said benefits without repaying Plaintiff the value thereof." 5. How do you know you are being sued? (You were served, right?) Serviced at my front door 6. How were you served? (Mail, In person, Notice on door) In Person 7. Was the service legal as required by your state? Yes 8. What was your correspondence (if any) with the people suing you before you think you were being sued? They may have sent notice however I was in the process of changing addresses and do not recall a letter, received summons at new address. 9. What state and county do you live in? San Joaquin County, CA 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) 7/4/2011 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). Court date for 8/12/13 at Superior Court of CA, County of San Joaquin I filed/sent an Answer, Request for production of documents (12 Items) which they sent Credit card statements back to Aug 2008 (it had a beg bal of $2,642.92 at that time) and a Customer Agreement Copyrighted 2010, Case Management Statement (12/3/12), Bill of Particulars (7/26/13), going to send Meet & Confer (8/5/2013), I have not a trial brief. They Sent Summons 5/11/12, CMS, Production of Docs 11/30/12, Meet & Confer 7/30/13 (regarding BOP), Trial Notice 7/8/13. Need advice on Filing motion to Precluding Plaintiff from offering any such evidence at trial (not sure if filing it on 8/9/13 is ok), Also trial prep and defenses for account stated.
  17. My understanding is that System1 set of exemptions is really good in protecting the home equity (it protects up to $75,000), but it doesn't do that good of a job of protecting my car and personal property (i.e. no wildcard exemption, no $650 dollars per each item allowed, etc.). System 2 seems like it will let me protect pretty much all of my personal property (especially with that new generous $4,800 vehicle exemption), but the homestead exemption for the system 2 is only around 23K if I am not mistaken, which may be a risky deal, considering how much the house prices have been going up in Calif. (my house goes up by $7,500 every month). If I were to file for Chap 7 around the end of August, what month's house price would the Trustee take into consideration? Would he look at the house price when I filed, or when he reviewed the case some x months later? My understanding is that the whole Chap 7 process lasts 4-5 months in Calif. (correct me if I am wrong), so when in this period does the trustee decide whether to sell the house or not? Right now, I have around $2,000 of equity in the house, but am a little worried about this housing bubble pushing my house value beyond what I am able to exempt in a very short time. We here in Calif. have a lot of large financial companies and hedge funds buying houses in bulk and converting them into rentals. This has raised the house prices tremendously. But then, if I go with System 1, can I pretty much kiss my music recording equipment bye-bye? I am a hobbyist musician and have around $840 in musical instruments, mixers, microphones, etc. It's not much, but it'd be hard to lose. System 2 seems like it would let me keep all that, but System 1 has some "average household" standards that are basically at the Bankruptcy Court's discretion. Since the average household doesn't have mixers and mics and keyboards, do I stand to lose all that stuff? Or how about having 2 computers and a laptop? Do I get to keep just 1 computer under System 1 exemptions? Please advise.
  18. I recently received documents from Midland that include Plaintiff's demand for production of documents, requests for admission, and special interrogatories. I'm hoping some of you can help me prepare a response to the following. The Request for Admission includes several requests that center around a "Pre-Legal Reminder" notice they sent me last year. They included a copy of this notice as an exhibit. The notice reflects an incomplete address that doesn't include my box number. It was never received. Documents to be produced: 1. Any and all documents that refer or relate to credit cards issued to you by Chase. 2. Any and all documents that refer or relate to a credit card assigned by Chase. 3. Any and all documents that refer or relate to transactions initiated by you on a credit card assigned by Chase bearing account No. xxx from (date) to (date). 4. Any and all documents that refer or relate to payments made by you to Chase that were applied to the outstanding balance on a Chase credit card. 5. Any and all documents that refer or relate to correspondence sent by you to Chase from (date) to (date). 6. Any and all documents that refer or relate to correspondence received by you from Chase. 7. Any and all documents that refer or relate to telephone calls made by you to Midland Credit Management. 8. Any and all documents that refer or relate to telephone calls received by you from Midland Credit Management. 9. Any and all documents that refer or relate to correspondence received by you from Midland Credit Management. Request for Admission 1. Admit that you applied for the account. 2. Admit that you used the account. 3. Admit that you received monthly billign statements from Chase related to the transactions made. 4. Admit that you made payments on the account. 5. Admit that you owed $________ on the account at the time the complaint in this action was filed. 6. Admit that you have not repaid the $________ due on the account. 7. Admit that the date of your last payment on the account was (date). The notice mentioned on the following lines was mailed to an incomplete address (no box number) and was never received. 8. Admit that you received the Notice of New Ownership and Pre-Legal Review from Plaintiff. 9. Admit that you did not dispute the ownership of the account by Plaintiff. 10. Admit the Notice of New Ownership and Pre-Legal Review attached hereto is a true and correct copy of the letter you received from Plaintiff. 11. Admit that you did not dispute the accuracy of the Notice of New Ownership and Pre-Legal Review letter attached hereto that you received from Plaintiff. 12. Admit you owe Plaintiff $_________. Special Interrogatories 1. State each name by which you have been know over the past 6 years. 2. State each residence address you have had within the six years prior to the date of your responses, including dates you lived at each address. 3. Stat ehte name, address, and phone number of each employer you have had for the past 5 years, including the dates worked. 4. Did you ever report to Chase that there was an inaccuracy in any billing statement you received? 5. Did you ever report in writing to Chase that the account was open as a result of fraudulent activity? 6. State in detail the facts upon which you base your contention that you are not responsible, in whole or in part, for the damages plaintiff claims in this action. Thanks in advance for all your help! Here's an overview of my particular case: 1. Who is the named plaintiff in the suit? Midland Funding. They claim all right, title, and interest to the account was sold to them. 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Midland Funding, no outside lawyer. 3. How much are you being sued for? $6,000+ 4. Who is the original creditor? (if not the Plaintiff) Chase Bank USA, N.A. 5. How do you know you are being sued? (You were served, right?) I was served. 6. How were you served? (Mail, In person, Notice on door) Left summons at a commercial address where I have a mail box. 7. Was the service legal as required by your state? Yes 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? None. I've since seen copies of their collection notices. However, the notices were mailed to an incomplete address (a storefront where I have a mail box). They did not include a box number. 9. What state and county do you live in? Los Angeles, CA 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) Three years. 11. What is the SOL on the debt? SOL is four 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). I filed a General Denial and sent a RFP to the Plaintiff (Midland). They responded by sending me documents outlined in #19 below. I received a Notice of Case Reassignment from Midland last month with a new case number and assignment to a different courthouse location. There is no court date. 13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) Yes. 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. I never received any collection notices from Midland. 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. I responded to the suit in time by filing a General Denial. 16.We need to know what the "charges" are. Please post what they are claiming.Common counts,account stated,breach of contract,claims of debt for goods sold and delivered,for work performed,for money loaned or advanced,for money paid and repayment is due,for money received on behalf of the plaintiff,money due on an account stated or on an open book account, indebitatus assumpsit, quantum meruit,quantum valebant,unjust enrichment. The cause of action is account stated: "... became indebted on the Account to Plaintiff in the sum of $--- on an account stated in writing by and between Plaintiff and Defendant in which it was agreed that Defendant was indebted to Plaintiff." 17.Is the complaint "verified".? A verified complaint is one in which the last page it has a declaration from someone stating that the information and allegations are true and correct under penalty of perjury. The summons doesn't include a signed declaration. 18.Did you receive discovery or interrogatory or Admissions (questionnaire) regarding the lawsuit? No.   19. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. No evidence was sent with the summons. In response to my RFP, they provided me with statements from the OC and documents regarding the sale of the account from Chase to 'ABC Company' and from 'ABC' Company to Midland. The only document regarding the Chase sale is an affidavit. There is no back-up documentation showing my particular account was among the pool of accounts sold.
  19. So this JDB lawyer no shows in court and I get a dismissal. Now with the help of some of the California folks on this forum, I'm trying to get my $300 back for costs. Got a judgment from the court and everything (it's been over 3 months) Rec'd a call today from the lawyer saying (and I quote) " ....if you don't walk away from the $300 he will have his client go vacate the supposed judgement that you recieved (dismissed without prejudice) and put the lawsuit back on calender and retry the matter". Now it's up to you, do you want to walk away from the alledged costs or do want to go thru trial and have to pay the full amount?.....". What do you think? Can they do that? Should I walk away?
  20. Hello, I'm new to this and recently found out that I had a judgment due to an unpaid balance from a previous credit card. Credit Card was from BofA, purchased by CACH, LLC then in turn had Mandrich Law Group enter a judgment against me. Should I hire a lawyer, try and settle at a lower balance than what is owed? Also, I recently called them to see what they would settle for, and they mentioned: $4800.00 What do I do now?
  21. *UPDATE - UPDATE - UPDATE* Looks like Midland is requesting to dismiss the case! See Post #20... Ok, my trial is set for May 24, 2013 (Civil Trial Assignment). Seventeen days away. I've pretty much done things half-heartedly up til now - and now I'm a mess. Yes, my own fault in not attacking this thing head on. Today I tried to file a Graduated Sworn Denial on Account and the clerk said that "Never seen one of these before, this looks like an Answer...we can't file this" she had me confused when I left the courthouse empty handed and back home feeling downtrodden. Since I don't feel like I know enough and time is short (still working on My MIL and Trial Brief with help from ASTMedic and Aticnib's great posts) I'm beginning to wonder if it's realistically too late to win with any possibility and maybe I should bluff my way to a greatly reduced settlement. Question #12 in my Q&A below explains what I've done/sent so far. Where do I go from here? What should I do. I'm lost. Any responses or help is so greatly appreciated! (scared in Sac)... Pint
  22. Okay so I sent req. for prod of docs and rec'd a few things back...one of which is a very generic bill of sale- I have a few questions about it.
  23. The cause of action listed are 1. Account stated and 2. Money Lent Paragraph 1. The true names and cpacities of Defendents herin sued by the fictitious names as DOES 1 to 10, Inclusive are unknown to Plaintiff, who therefore sues those Defendents under, pursuant to, and in accordance with the provisions of Section 474 of the Code of Civil Procedure. Plaintiff will ask leave of court to amend this complaint as and when the true names and capacities of Defendents named herin as DOES 1 to 10 have been ascertained. Paragraph 2 At all times herein mentioned, Defendants, and each of them, were agents, servants and employees of each other and every remaining Defendant, and in doing the things alleged were acting in the course and scope of said authority of such agents, servants and employees. 3. Plaintiff is now and was at all times herein mentioned a limited liability company authorized to do business in the State of California. 4. Plaintiff is informed and believes and thereon alleges that Defendant XXXXXXX AKA XXXXX is an individual who resides in the City of XXXX, County of Los Angeles, State of California. 5. Before commencement of this action, in those cases where recovery of costs is dependent on such notices, Plaintiff informed the Defendant(s) in writing that it intended to file this action and that this action would result in a judgement against Defendant(s) that would include court costs and necessary disbursements allowed by C.C.P. 1033( (2). FIRST CAUSE OF ACTION Account Stated (Against All Defendants) 6. Plaintiff repeats and repleads and incorporates by reference the allegations made in Paragraphs 1 through 5 of this complaint. 7.On July 31, 2009, defendants were indebted to the original creditor xxxx in the sum of $x,xxx.xx on an account stated in writing. This xxxx account was for credit card purchases and/or cash advances and Defendant was billed monthly and failed to dispute as required under Federal Fair Billing Act applicable to such account (15 USC 1666 et seq.) 8. Prior to filing this complaint, all right, title and interest in the agreement which is the subject of this lawsuit, was sold and assigned by the original creditor, xxxx to CAVALRY SPV I, LLC. 9.Plaintiff made demand on defendants for payment of that sum, but no part of that sum has been paid to plaintiff, and the entire amount is now due and unpaid. 10. The payoff on this account as of July 31, 2009 is x,xxx.xx, plus interest will continue to accrue at the rate of 19.990 from July 31, 2009. SECOND CAUSE OF ACTION Money Lent (Against All Defendants) 11. Plaintiff repeats and repleads and incorporates by reference the allegations made in Paragraphs 1 through 10 of this complaint. 12. Within the last four years Defendant became indebted to original creditor xxxx, in the sum of $xxxx.xx for money lent to or paid out for the benefit of Defendant at his/her request, based on Defendant use and benefit of his/her account. 13. Neither the whole nor any part of the above sum has been paid , although payment has been demanded, leaving a balance due, owing and unpaid to Plaintiff in the principal amount of $xxxx.xx, plus interest at the rate of 19.990% per annum, and costs of suit.
  24. I was sued by Cap1 in 2010 and was never served. I only found out about this recently when I was sued in another case and saw this case listed under my name when I searched court records. Should I file a motion to vacate default, a motion to quash service or both? This is the Record of Actions from the court website: Thank you! 17 PAYMENT RECEIVED BY FOR 141 - WRIT IN THE AMOUNT OF 25.00, TRANSACTION NUMBER 11142391 AND RECEIPT NUMBER 10966283. 05/10/2012 1 pages 16 WRIT ISSUED. 05/10/2012 NV 15 MEMORANDUM OF COSTS AFTER JUDGMENT; ACKNOWLEDGMENT OF CREDIT AND DECLARATION OF ACCRUED INTEREST - LESS THAN $100 FILED BY CAPITAL ONE BANK USA, N.A. ON 04/25/2012 04/25/2012 2 pages 14 CASE DISPOSED WITH DISPOSITION OF DEFAULT JUDGMENT BY CLERK 01/21/2011 NV 13 COMPLAINT DISPOSED WITH DISPOSITION OF DEFAULT JUDGMENT BY CLERK. 01/21/2011 NV 12 THE COURT ENTERS JUDGMENT ON THE COMPLAINT FOR CAPITAL ONE BANK USA, N.A. IN THE AMOUNT OF 3286.82 PRINCIPAL, 267.50 COSTS AND 0.00 ATTORNEY FEES AGAINST (me) 01/22/2011 NV 11 JUDGMENT FILED BY CAPITAL ONE BANK USA, N.A. ON 01/21/2011 01/21/2011 2 pages 10 DECLARATION - OTHER FILED BY CAPITAL ONE BANK USA, N.A. ON 01/20/2011 01/20/2011 13 pages 9 WAIVER FILED BY CAPITAL ONE BANK USA, N.A. ON 01/20/2011 01/20/2011 1 pages 8 REQUEST FOR ENTRY OF DEFAULT FILED BY CAPITAL ONE BANK USA, N.A. ON 01/20/2011 01/20/2011 4 pages 7 REQUEST FOR DISMISSAL FILED BY CAPITAL ONE BANK USA, N.A. ON 01/20/2011 01/20/2011 2 pages 6 PROOF OF SERVICE OF STATEMENT OF VENUE - SUBSTITUTE FILED BY CAPITAL ONE BANK USA, N.A. ON 08/18/2010 08/18/2010 3 pages 5 DECLARATION - OTHER (VENUE) FILED BY CAPITAL ONE BANK USA, N.A. ON 07/19/2010 07/19/2010 2 pages 4 PAYMENT RECEIVED BY FOR 137 - COMPLAINT OR OTHER 1ST PAPER <=$10K IN THE AMOUNT OF 205.00, TRANSACTION NUMBER AND RECEIPT NUMBER 10509180. 07/19/2010 1 pages 3 CIVIL CASE COVER SHEET FILED BY CAPITAL ONE BANK USA, N.A. ON 07/19/2010 07/19/2010 1 pages 2 SUMMONS ISSUED AND FILED FILED BY CAPITAL ONE BANK USA, N.A. ON 07/19/2010 07/19/2010 1 pages 1 COMPLAINT FILED BY CAPITAL ONE BANK USA, N.A. ON 07/19/2010