DMGacs

January 8, 2007 first CMC-Case Management Conference

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Hi Team,

I have court on Tuesday for a Case Management conference. Is there anything I need to do or be prepared for? All I have done to date is filed an answer to their summons. Any help or comments would be greatly appreciated.

History Below:

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RJM Acquisitions is suing me their attorney is Brachfeld & Associates

For $8334.70

The original creditor Chase Manhattans sold to RJM ACQUISITIONS LLC ASSIGNEE OF CHASE BANK USA N.A. MASTERCARD.

I received Summons in mail. I was served by receiving an unmarked first class mail with no return address in mail.

My correspondence with Chase/RJM/Brachfield was that I advised a majority of the balance was grossly overstated on phone. Sent DV letter no response.

I live in San Jose, California

Last payment was made on 03/2006

Status of case is in Category: Collections - Limited Filed: 5/16/2007 Status: Open, Scheduled date 1/8/2008 01:30PM CV CMC-Case Management Conf

I have disputed the debt with the credit bureaus and agencies.

I requested debt validation before the suit was filed 2 months prior and used CMRR.

7/13/2007 - filed form PLD-C-010 PLD-C-010 1/1/2007 Answer-Contract

Answer filed as a general denial and I attached my complete account history with them.

9/07/2007 - I was granted, CV Application Waiver of Court Fees/Costs

1/08/2008 - Case Management Conference plaintiff failed to appear

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Based on what you have said, I would be prepared with a firm, solid offer to settle. Use teh judge to jawbone the plaintiff. You say it is over stated: by how much? what do you think youowe and how/when can you pay it. If you can present a reasonable offer to the court, the court may just strongarm the plantiff into taking it.

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Do not admit the alleged debt at any point in the conference!

If the opposing attorney shows up, that's all they want.

If you admit, you have a good chance of getting slapped with summary judgment against you because the material facts are no longer in dispute on a mere general denial answer.

Please read this article on slimeball tactics at these conferences:

"Obtaining judgements by pre-trial motion"

http://www.kohnlaw.com/site_uploads/newsletter/newsletter20_3.pdf

If they pressure you to admit...

I would tell them that you will be filing an amended answer challenging standing, subject matter jurisdiction, and a counter claim for FDCPA violations on proceeding with ilegal collection action without validation including statuatory and punitive damages.

Explain that we could save a lot of time if Plaintiff mutually agrees to dismiss, with prejudice, and you will agree not to bring the FDCPA violations on the counter.

See what happens.

Please remember, I'm not a lawyer. I thrive on confrontation with illegal debt collection and I never surrender, especially on principle.

So if you are the opposite: hate confrontation, want it to go away, and fear losing, take me with a grain of salt!

If opposing party fails to show up, "talk up" the plaintiff's ongoing lack of respect for the court and demand dismissal, with prejudice.

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Thank you for the replies your comments are all appreciated. A few comments and questions are below.

As far as denying the debt of chase I can no longer do this as I provided the judge in my response with my entire account history. For FDCPA violation can you kindly advise what law they are in violation of?

In all actuality I owe $300. The remaining $8000 dollars is in a payment protector service which I never asked for, accrued interest, late fees and overlimit fees.

As of right now my points for argument are:

*Sent a letter to Chase asking for the removal of payment protector service, they never removed it and continued to rack up that charge, interest, overlimit fees because of these charges.

*Advised Chase that if they continued to ignore my dispute, I would stop the automatic payments. 2 months continued with no action by Chase so I payments stopped.

*Only $300 actually owed. $8,000 is being asked for service related charges ($8000 service charges are unfair and unjust)

*Contacted RJM and advised the debt was grossly overstated if referring to my Chase account #

*Sent a DV letter and never received a response only a summons about 5 months later.

If anyone has any opinions or experience with this please let me know. Thanks for your help.

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Well I went to court and RJM ACQUISITIONS LLC was a no show. Judge stated she would contact RJM and RJM would have to have a good explanation as to why they did not appear. Judge stated I will receive a letter in a week or so from the court as to what will happen next.

Should I file a motion or anything to dismiss?

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You could file a motion to dismiss for want of prosecution. They wasted the court's time and your time as well. Ask the judge to dismiss it with prejudice, see if she goes for it.

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