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Found 14 results

  1. California; Northern California Collection Service, Inc. filed a Breach of Contract case against me in a Civil Limited Jurisdiction. Filed in March of 2020. I was never served with summons and complaint. I was recently sent a Notice of Entry of Judgement and this was how I found out about the case. The judgement was By Default: Clerk's Judgement. What are my options and does anyone have any sample motion's I can follow. The judgement was filed on 9/24/20. So I believe I only have 30 days to respond - I plan to respond by Friday as Saturday (10/24/20) would be the 30th
  2. Plaintiff is Citibank/Sears. I've been searching the forums and I know this has been answered but I need to file a motion for continuance tomorrow (today since it's 2:00 am). Initial hearing was 8/15, trial set for 9/5. My at-risk daughter was moved to a new facility on 8/15 so only my husband went to court. On 8/22 she ran and between social services, police, FBI trafficking task force and NCMEC, etc. I haven't done anything else - I spent 5 hours with the FBI today alone. I have to contact the plaintiff attorney and then I have to file the motion, correct? I believe in Jefferson County it's
  3. I've read many threads pertaining to the same topic--Midland Funding LLC lawsuit. I know I need to begin preparing discovery info, but am overwhelmed by all the info. on the net. I've read several parts of Texas Rules for Civil Trial and have located a copy of O'Connors at a local library. I'm hoping there is someone who might help guide me and give me direction.
  4. 1. Who is the named plaintiff in the suit? Discover Bank C/o Discover Products 2. What is the name of the law firm handling the suit? Thomas & Thomas 3. How much are you being sued for? 9400 4. Who is the original creditor? Discover Bank 5. How do you know you are being sued? Served by Sheriff 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? Sent a letter requesting validation, they sent back a stack of statements not a complete accounting them sued
  5. Hi. I have to go to court next week to defend myself against a Motion for Summary Judgement from Midland Funding. I have never been to court and do not know what to expect. Following is link to the Complaint, my Answer, Plaintiff's Motion for Summary Judgement and my Objection to Motion and Request for Documents. Also please see my responses to common questions below. Thank you in advance for any advice you might offer. *******EDIT - If you can't open files below see other link in my next post below ************ Complaint: https://www.evernote.com/shard/s447/res/9d65396d-9099-4f
  6. shellieh98 @debtzapper @texasrocker @TomnTex I have seen some awesome support & responses from you guys and I am hoping to I can get some feedback. I am seriously running out of times, and stressed. I was served by Portfolio Recovery Associates LLC Assignee of Synchrony Bank. In Texas, we only have 14 days to answer and I am seriously running out of Time. I already sent a Meet and confer Demand for Arbitration letter ( to the Attorney and PRA). I am in the Process of preparing the following Answer/Motion. I have not heard back from the attorney, and I am running out
  7. I really appreciate any help I can receive to figure out: a) what to do in response to this document; and what angle the Plaintiff is preparing to play. Quick background: Served by JDBFollowed @Linda7's thread exactlyFiled my answer and a MTC private/contractual arbitration w/JAMS (with Exhibit B as a copy of the credit account agreement)Judge granted a MTC hearingDate is set and has been agreed upon by all partiesNow I have received this document in the mail: PLAINTIFF’S OPPOSITION TO DEFENDANT’S MOTION TO DISMISS Case No: xxxxxxxxxxx Judge: (this was left blank by them) Plaintiff, throug
  8. In the process of preparing my objections to evidence that was sent to me and I have no clue how to prepare it. Can someone send me some examples of MIL or objections to evidence ( affidavits). Subpoena'd the Custodian of Records and she was served today, so not sure if I still include the objection to the CCP98 if not then all i have to object to are the affidavits thats why i"m in need of example of an objection that is tailor to the affidavits and not so heavily on the CCP98 (being that she was served today) Correct me if I'm wrong. Thanks all
  9. HI Everyone I’m looking to defend myself against a JDB and has asked for their Purchase agreement. I know they are going to object but and I need to file a motion. Has anyone done a motion to compel the purchase agreement (sometimes called "forward flow agreement"). I am located and fighting in Los Angeles California so something that pertains to my area would be even more helpful. IF so can you please Personal message me so I get a notification. Thanks
  10. Hi everyone! I've been dealing with a lawsuit from CACH LLC and they failed to respond to my RFPOD. I have been reading conflicting views on wether to file a motion to compel or not. Some say to do RFA's that prove they have no case while others say they dismiss after the motion is filed. What should I do?! They are past the 30 day deadline and I am contemplating if I should send a meet and confer letter or not. Let me know what you think!
  11. HI I am from Los Angeles, the court house for my debt collection lawsuit is Chatsworth Courthouse. Can anyone tell me, what are the requirement ( must meet ) to file a ex parte motion? Also, anyone knows the Chatsworth Courthouse policy/ rules on ex parte motion ? Anyone did that at that courthouse before ?? Thank you
  12. History: Served by JDB, I filed MTD, MTD denied. Judge ordered opposing counsel to submit an order denying the motion and requiring the submittal, within 20 days, of the alleged notice of assignment (condition precedent to bringing action) and other alleged docs to support cause of action. FL Bar conduct states that atty should have prepared order by the next business day and given to me for review and then sent to judge. I also filed a MTD to dismiss for failure to post nonresident bond. More than 20 days have passed and atty has not prepared order, supplied docs or posted bond; so they a
  13. Sorry fo making my first post so long time is of the essence and trying to give all info to get as much help as possible. I am in the process of fighting FIA Card Services N.A. and sent out the courtesy letter reminding them they have exceeded the 30 day allowance for discovery that was requested on November 1st and if not received within 10 days I will move forward to fie Motion to Compel Discovery. I am in the state of NH. In respose I received from Plaintiff Motion to Stay Discovery and Schedule Discovery Conference!!!! What is this?? They had 6 points in the Motion and #4 states: Bas
  14. Who is the named plaintiff in the suit? ASSET ACCEPTANCE 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) FULTON FRIEDMAN & GULLACE, LLP 3. How much are you being sued for? 13,213.48 4. Who is the original creditor? (if not the Plaintiff)CITIBANK 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? YES 8. What was your correspondence (if any) with the people suing you before you think you were