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Found 6 results

  1. I live in California and received a Summons for Unlawful Detainer based on failure to pay rent. The Summons was served via an Order to nail/mail on June 30th. I believe that I must file a response by Monday, July17th (??). My goal is get a Summary Judgment in my favor by convincing the court that this particular UD claim is better suited for a Small claims action for unpaid rent. The unauthorized agent (see below) who filed the UD for Landlord doesn't really care about past due rent. His objective is to take possession of my two Manufactured Homes via a writ of possession and Mechanic's lien so that he can pocket the money from the sales. (Value > $75,000). He's done it twice before to uneducated homeowners & didn't give the proceeds to the Landlord. The Landlord is aware of the embezzlement, but states, “Well, he’s already spent the money, so there’s nothing I can do.” The landlord in this case, really should be under conservatorship as he is developmentally disabled & has reading/writing skills of a 5th grader. Seriously. I was formerly licensed as a CA Professional Fiduciary, and after this UD case is adjudicated, I'm going to research how to get the landlord protected. He inherited the Mobilehome Park, but the unauthorized agent (another resident in the Mobilehome Park) bullied him into being his “resident manager". I have not paid the rent, but did place the funds into a separate account. I sent certified letter stating my intention and the reasons: basically, for constructive eviction. The manager turned off the breaker & placed a padlock on my PG&E box (acct in my name) to home #2, and stated that he would also do the same to my home #1 (which I currently reside). Fortunately, I place my own lock on PG&E box before he did! But, his verbal harassment continues via discriminating verbal abuse, “You f*&cking dyke, & “You Mexican c*nt”. Unbelievable. Manager is angry because I made a complaint to Code Enforcement at Housing & Community Development (HCD) that resulted in a Health & Safety violation (NOV). Our ONLY ingress, egress, & regress road gets flooded with 2-4 ft of water during heavy rainfall in the winter because a seasonal creak flows directly over the road. There is no $$ to replace the deteriorated bridge, and HCD is aware of the lack of funds, but isn’t doing anything about it, not even suspending the Park’s Permit to Operate. HCD continues to tell me that the “NOV is still open & we are continue to wait for Park to respond to requests for information. It’s now been 180 days since date of NOV (possible class action). Per the CA Mobilehome Residency Laws (MRL) (CIV §798 through §799 .11) and this info should have been disclosed to me in writing, prior to purchasing my homes. He’s refusing to take the lock off until I sign a lease that is totally incompliant with the MRL. See the following link to the Newscast broadcast about the flood here at the Park. (Yes, I called them) The day AFTER the broadcaster was here, the water level raised to 3 - 4 feet! http://abc30.com/weather/manager-of-fresno-county-mobile-home-park-says-flooded-driveway-isnt-a-problem-resident-disagrees/1698518/ I think I'm competent enought to write any of the following with a little editing, but need your opinions: A. Motion to Quash for defective 3 Day/60 Notice (not the Service itself) B. General Demurrer C. Motion for Judicial Notice to notice the following: (1) CIV §798.15 [Mobilehome lot rentals MUST be in writing and include various statements & disclosures], and (2) CIV §1962(c) [VERY IMPT: this section states that failure to provide info in CIV 1962(a) means that an UD can't be brought against tenant for a default in rent, but that tenants are still liable for unpaid amount.] The unauthorized agent REFUSED to give me a written rental agreement that complies with the required language or disclosures of CIV §798.15. Could not disclose contact info for the landlord (CIV §798.28)as the landlord is, apparently homeless & lives out of a van. He also violates CIV §798.18 by offering a five year agreement, and stating on his incompliant rental agreement, "You are not required to sign this Agreement. However, any tenant who does not have a written agreement will become a month-to-month tenant." D. Motion for Summary Judgment (after I’ve filed an Answer) I just don't know which of the above would be proper based on the following grounds: (1) Complaint is not verified by plaintiff per CCP §446(a) - (signed by manager whom is an unauthorized agent: no Broker's license per (BPC §10130 & §10131b) of an unlawful association [no dba filed per CCP §116.430, nor is the association for a Community Interest Development per CIV §4080)]. (2) Complaint is uncertain/ambiguous (CCP §430.10(f): (a) Plaintiff is named in the following format: 'Landlord dba Crazy Company aka Weird Association' (Crazy Company also does not have a dba either), (b) Pleading (Form UD-100) states the rental agreement was "oral" on pg. 1, but then on pg. 2, the lawyer checks the box for #6f(1) “The written agreement is not in the possession of landlord…” which implies that there IS a writing, but it's just not avail. (3) The attached copy of a combined 3/60 day notice is defective as it: (a) Failed to insert any number in the required language of CIV §798.56(e)(1) {“Warning: This notice is the [insert number] three-day notice for nonpayment of rent…}, (b) The plaintiff’s lawyer drafter a combined 3/60 Day notice which is uncertain/ambiguous. The heading reads: "…Three Day Notice to pay rent and notice of termination" [should read: "to pay rent OR QUIT..."] The rest of the 1 pg combined notice is confusing. I had to read it 2-3 times to understand that I was to pay or quit OR I’d be subject to the 60 day termination. So, long story, I know. Thanks for reading. My question: Should I just file motion to quash for defective 3/60 Day notice, or demurrer with Judicial Notice? I believe the result of either of those would be a dismissal. But, if I request discovery (form interogs), then file an Answer…I can then file a Motion for Summary Judgment. I do believe I’d win! Any thoughts or directions to point me in the right direction would be, totally, appreciated. Willing to hire an attorney for Limited Representation, if deemed necessary. Any takers? Thanks to all who those who read and/or respond, Danielle
  2. It all started when I tried to pay my Chiropractor bill at their office. There credit card machine didn't work so I agreed to pay later. I tried to pay several times. I physically took their bill in the office with one hand and had my credit card in the other. Each time they told me that my account was current so I didn't worry about it until I got a letter from the collection agency. Again I tried to pay the bill but they told me I had to go through the collection agency. I contacted the collection agency several times. The Chiropractors office's first response was that I didn't respond to numerous bills. When I pointed out that they admitted in their own letter that I tried to pay, they changed their story to "it was a software glitch and miscommunication." Naturally I got angry and posted a couple negative comments in the google review section. They since have sent me a letter saying they will remove me from collections if I remove the negative comments. I feel that I shouldn't have to remove anything since what I posted was factual and that is what the review section is for. I also feel that I shouldn't have to pay collection fees and get a negative collection mark for their billing error. I have contacted an online attorney and they told me to tell them I will sue if it negatively affects my credit. I have done such but am still getting letters from the chiropractor demanding I remove the negative comments or they will continue with collections. The bill was only initially a lousy $35 . I am getting tired of being threatened because their secretary doesn't know how to work her own billing software. Any advice?
  3. I have a long-standing dispute with T-Mobile, which started in 2009. T-Mobile claims I owe it money, and I claim I do not. T-Mobile has never addressed the reasons I give to support my position (mainly that it charged a contract cancellation fee even though I was on a no-contract plan). In 2011 I discovered Amsher Collection Service had reported me to Experian, and I asked Amsher to validate the debt. It didn't, so it removed the report. On July 10, 2015, Convergent Outsourcing, Inc. sent me a collection letter, and once again I asked it to validate the debt. It replied but did not validate the debt; instead, it said it would not act further on the debt. Then today, I received yet another collection letter, this time from Enhanced Recovery Company and dated August 27, 2015. Once again, I am drafting a letter requesting validation, but before I send it off I have a few questions. I am wondering what are the limits here? In particular: Is it legal for a single CA to fail to validate a debt but then keep on restarting the process with new demand letters?Is it legal for a single creditor, like T-Mobile, to engage multiple CA's serially, none of which are able to validate a given debt but each one of which creates more work and expense for the consumer (those certified letters add up!) and increases the likelihood that the consumer will not reply to a demand letter within the 30-day limit?Such failure to reply might be due to an oversight, the likelihood of which increases with the number of letters, or it might be because the consumer is away from home, ill, or has some other legitimate reason for being unable to respond in time. So suppose the consumer is out of town for five weeks, and a collection letter arrives the day after the consumer leaves home. Is there still any way to ask for debt validation, or does the consumer lose all rights because s/he was not home to receive the letter?Should I tell Enhanced Recovery that I just demanded validation from Convergent but Convergent was unable to do so, and that therefore I demand that Enhanced Recovery stop harassing me?Thanks.
  4. Hello, I am in AZ. I sent a debt validation letter to a local collection agency that included... "I would also like to request, in writing, that no telephone contact be made by your offices to my home or to my place of employment. If your offices attempt telephone communication with me, including but not limited to computer generated calls and calls or correspondence sent to or with any third parties, it will be considered harassment and I will have no choice but to file suit. All future communications with me MUST be done in writing and sent to the address noted in this letter by USPS." They have called me twice since they have responded to my DV letter, one of which they left a message specifically stating the employee's name and who he works for. I am planning on filing suit...do I file a suit per violation or just one suit with two accounts of violation?
  5. On Jan.2, 2013 Collection Agency XYZ called me about a debt they say I owe from a totaled car that owned back in 2003. This was the first I ever heard from them or the debt. I explained to them that my car was totaled and that my insurance company paid off the loan. They told me this was not true. I asked the collection agency to send me something in writing, as this was the first I heard about this debt. They refused and try to get me to set up payments. When I asked them for there mailing address they also refused to give it to me. I told them they were a fraud and abruptly hung up the phone on them. Once I got off the phone with them, I did some research on Google about XYZ. They are a junk debt buyer. I called the FTC and the Georgia Dept of Consumer affairs to file a formal complaint against them as i felt I was being harassed. About 3 weeks later, I received a letter from XYZ dated Jan. 13, which is 11 days after our first contact. In this letter they stated that I have the right to validate the debt in writing. I did send them a DV letter on Feb. 11 which they signed for Feb. 20. They haven't responded to my request, yet they continue to call me. I had two voice mails from them last week. I need some suggestions as to what to do now? I wanted to sue them for FDCPA violations, however, I was told by the small claims court here in Savannah GA that I have to file in the location where XYZ is located. They are located in another state at least 7 hours away. Please give me some feedback. Thanks Rjeffery1 =)
  6. I was sued by Hosto & Buchan in Tennessee & the final court date was Feb. last year. After reading the forums here (thank you everyone) I WON the case WITH prejudice. I moved to Texas and just received a debt collection notice from the same firm for the same debt. Is my win in Tennessee honored in Texas? Can this same firm come after me here? Do I need to seek attorney's assistance, or is there a basic form letter I can send these momos stating that their first attempt was tried and they lost? and, if so, can I sue them for harassment? I didn't post my case info since I didn't think it necessary, but will do if need be. Any advice would be helpful.
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