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  1. Or, should the title be: DISMISSED WITHOUT PREJUDICE (and how much of a win is this?) Ok, I realize there may be some pitfalls in that PRA could re-open my case. But, do they/would they do that? I ain't gloating. The lead up was stressful, I was flailing and there were some things I could've done better. See my original post. A recap of the past two weeks: My last hearing was to set a trial date of Feb 8. The judge handed us both an Advance Trial Review Order. ( Look it up for California to see samples of it.) I was confused by the document. It basically was an inventory of case
  2. Hello, This forum is great. I've gotten so much great information from here and also wanted to share my progress. I am currently in ligation with a junk debt buyer(JDB) who is suing me for $42K+ in an unlimited civil case in California. Here is the timeline of how everything went down: JDB sent me a letter for the first time on 10/25/2019 It said that they are now the owner of the debt. They stated that the account was charged off on 11/21/2018 and that they're charging 10% annual interest since the charge-off date. They gave me two optio
  3. Received summons from Portfolio Recovery for pre-trial mediation. I read up on a forum from 2013 about proving ownership of debt. With summons I received: pages: 1. Served page 2. Right to venue 3. Complaint for damages and on this page account stated count 1 #1-3 nothing unusual #4 capital one has assigned the subject account and plaintiff is the owner of debt. 4-5. old capital one statement 6. Your account has charged off from capital one. 7-12. Old capital one statements. There is absolutely n
  4. Dear Forum Members (@SeaDragon, @CALawyer, @RyanEX, @AnonAmos, and others), Lost a trial vs AMEX, FSB here in California. Judgement filed in favor of Plaintiff on Nov 30th. - Affiant XXXXXX, who signed on Declaration in Lieu of Testimony (with exhibits/documents) was the Live Witness at the trial. - Affiant XXXXXX perjured in his Declaration by giving a false address. Was served by process server - but unavailable for personal service. - Judge allowed Declaration and perjured Affiant to take the witness stand. Judge allowed the exhibits and documents as evidence
  5. URGENT HELP NEEDED My husband (who I have POA for) was served summons May 2016 for credit card suit Discover Bank c/o Brock & Scott PLLC . Details below: Answers & Affirmative actions filed within 30 days June 2016. He is pro se right now as no income Meditation and/or trial Magistrate Court Ellijay, GA on July 20, 2016 Discover Bank c/o Dorian xxxxxxxxx (his location is Conyers GA but states on complaint Brock & Scott PLLC in Winston Salem address) versus the hubby Question: On July 20 what moti
  6. I WON, I WON, I WON, I WON, I WON, I WON, I WON, I WON, I WON, I WON, I WON, I WON, I WON, They called us all into one courtroom with a judge. She read through ALL the cases and they where dispersed to various other courtrooms. Mine was 4B. I met with the para legal in the hallway. I showed her my answer and requested to see their Bill of Sale. etc. She went over to the attorney, he handed her my file. She came back and said "this is what we have" and it was all the documents they'd sent me previously. I re-iterated what I was requesting. She stated they didn't have it, I stated I wanted a tr
  7. Hi Everyone: I have a "Case Management" trial date next month in front of a judge set by Moore Law Group. Does anyone know what the expectations for this trial date? After reading one of the posting, it seems like it's more of a meet and confer infront of the judge and a trial date will be set. Can I serve them with discovery right there? Should I serve them with discovery? Any comment is valuable.
  8. this is my case: 1. Who is the named plaintiff in the suit? - Toyota motor credit 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) - Patenaude & Felix 3. How much are you being sued for? - $1300 when the complaint was filed in 2007/ after default was a set aside they have increased to $2600 4. Who is the original creditor? (if not the Plaintiff) - ToyotaMotor Credit, but in their cause of action they say they are the assignee for consideration 5. How do you know you are being sued? (You were served, right?)
  9. sad but true "Partiesin civil cases do not have a constitutional right to have a Court reporter.Parties do, however, have statutory rights to noticeand to arrange at their own expense for thepresence of a certified shorthand reporterthat the court may appoint to serve as anofficial Court reporter pro tempore for theirhearing or trial."
  10. We go to trial in a week from today. LVNV Funding did not respond to discovery, so we had to file a motion to compel admissions and req. production of docs. LVNV funding finally responded last week, but simply gave us the same paperwork they originally provided when we asked for a Bill of Particulars back in December - nothing new, except the answers formulated admit, deny etc. The exhibits are the same. They have provided no signed agreement which they reference in their complaint, no contract, no statements, and no itemization of account to show how they came up with the amount owed - we don
  11. I have trial in a few weeks and just want to know from those that have gone to trial with Cavalry (or any JDB) what your experiences have been.
  12. We received a Summons from Mandarich, which we answered with denying the allegations. The complaint was for 1. Breach of contract 2. Breach of personal guarantee 3. Unjust enrichment 4. Account stated. they did not provide any documents regarding the account in the paperwork. We are planning on filing for bankruptcy and answered the complaint, but now the bankruptcy will take a bit longer to file than we anticipated because there is some business property at stake. The trial is set for March 7. 2014. I have been reading through a lot of posts and it looks like I cannot do discovery at this poi
  13. I've read every trial related post I could find. I've been prepping for a month now and feel ready. I have a thead detailing more into my case, but I'm looking for more general trial experiences. Wondering if anyone else would like to chip in on things that came up at trial, situations, JDB strategies, anything unforeseen or that caught you off guard and how to deal with?
  14. I'm being sued by a JDB. My case was originally in Beverly Hills. About 2 weeks after I filed my answer at BH, BH closed and my case was reassinged to Chatsworth. I received a notice in the mail that my date is in early May 2014. My question it a Case Management Conference or the trial? At the top of the notice below the case info summary it says 'Case management Order/Notice of Trial' and then it says 'The court has ordered the following: Case Management Review Held. The case is set for Court Trial on dd/mm/yyy and then in the clerk's certificate of mailing it says they are s
  15. 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
  16. Hi Everyone: I'm a little bit confuse and hope that someone can shed a little light on my situation. I received a notice from the court here in CA and its states: "Civil Trial Assignment -Short Cause - Civil Trial Assignment". This was set by plantiff. Their original filing was a "Case Management" trial. I was told that CA no longer do casemangement meet and confer. So is this an actual trial or is it to meet with the judge and set up a trial date? I originally had the impression that this was just a meeting infront of the judge to set a trial date. It's assigned on a Friday morning at
  17. 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 corre
  18. Just got back from court. Not a bad outcome but not what I'd hoped which was of course win or dismissal. The rent a lawyer, Stuart Rine shows up and wants to put me on the stand because of my admissions (I admitted my address and that I had the card) Then he blathered on about the witness not being served. The judge said its right here, she did, better get your docs from your boss in order. Haha The judge was pretty mean, told me this wasn't a game (no idea what he meant by that). I explained that I had tried to work things out with OC, they agreed to reducing interest from 28% (they slammed m
  19. Hi, I've been studying the Plaintiff's (Plaintiff (Citibank) is also OC) witness' CCP98 declaration in lieu of live testimony, and am trying to go through the exercise of poking as many holes through it as possible. I am still planning on serving a subpoena on this witness, but am looking for some help in coming up with various objections to each declaration paragraph. It will help during trial I have used parts of Seadragon's defendant CCP 98 declaration, as well as bits and pieces of other declarations online. I have come up with some stuff on my own, too. I'd really appreciate if so
  20. Hi Everyone, First of all, I want to once again thank EVERYONE on this forum whose knowledge and patience as been of such great help to all of us novices who are treading in unfamiliar (and sometimes a little scary) waters! I hope and pray you and yours are well! Here are my previous posts for reference: Went to court 4/29. They sent a rent-a-lawyer
  21. I need a subpoena served in Woodland Hills. However, I have been unemployed for 4 years and live on food stamps in a room provided by my father. I am 53 years old and am one of the millions who lost it all in the Great Recession and have yet to recover. I cannot afford a process server. Is there anyone who can help out? I have a separate thread i started regarding my case called "Going to Trial in California" if you want to know more about the case.
  22. *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 li
  23. Hello, I need help with my next move. Check Mate anyone? I took down the Plaintiffs Attonrneys in court, using their own sloppy work to have my Judgment Vacated! Needless to say the Attorney was not happy and the Judge was not happy. I don't think they really like to be put in the position to make such a decision. Now the complaint is reinstated and I will start from the beginning. I already had filed an answer "out of time" , with my Motion to Vacate. It was brief. The SOL should technically be expired. Account closed in 2006. But when I was dealing with this law office, I did make payments t