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Showing results for tags 'memorandum of costs'.
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No matter what I have tried, the clipboard will not allow me to copy my topic here without retyping it completely. Below someone was kind enough to paste what I wrote into their reply !! Or Please see attachment. Thank you very much. California Debt Collection Case Dismissed w.docx
Help! I have a situation that requires your expertise and hopefully a prompt response. I may be screwed but I have set up an (ex parte) with a Ventura County Sup Court judge for this Friday @ 8a. When the judge's secretary called me back to set up my appt. she said I needed to file ex-parte paperwork by tomorrow (8/1/13 by 12p). I don't know what ex-parte paperwork to file. Backstory: We are in a lender-approved Short Sale of our house. Close of escrow is 8/5/13. (Simi Valley, CA) Our house is set to go up for auction on Oct. 4th. We are staying in the house. We will receive zero $ at closing. Buyer/Investor is doing a rent-back for us Midland Funding has a judgment AND lien against me and our house for $6,468. Breakdown of charges per judgment: $4462 - Damages $818 - Prejudgment interest at the annual rate of 10% $942 - Attorney Fees $242 - Costs Short story: There was "enough" money in escrow to cover the sale amount of the house minus costs (commission, title, $6468 judgment, taxes, etc). Well at the last minute (today!!!), the Midland people tell escrow, the balance of our judment is now $8,152!!! A $1,684 increase. I do not have the money to cover the escrow deficit. Realtor doesn't want to give up a portion of their commission to cover deficit. Buyer will not increase his offer to cover the deficit. I understand Midland (per California code/law) can increase the balance of a judgment as long as they have filed with the court a document called a “Memorandum of Costs after Judgment, Acknowledgement of Credit, and Declaration of Accrued Interest,” in which it outlines the costs it has incurred in its efforts to enforce the judgment, the interest accrued, and the amount it has received in payments to reduce the judgment balance. Midland has not filed a Memorandum of Costs (et al) with the Ventura County Superior Court. Do I have any chance to get this $1,684 increase forgiven/waived/delayed by the judge on Friday? Ex-Parte Paperwork that needs to be filed? Any guidance would be greatly appreciated. I enjoyed reading Kobayashi's successful journey (and CAlawyer) in battling his JDB. Best, Verbal Kint
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?
Well the folks at Prober&Raphael (Nationwide Credit Services) decided not to show up 2 days in a row, so the judge dismissed without prejudice. Question, can I still file a memorandum of costs? Thanks to Calawyer, Seadragon, Coltfan, BV80, VLDCA, Mommamia, etc (too many to list) for helping me stand up to these guys!