CALIDUDE2011

Being Sued by HSBC via CIR Law Firm - Advice Please

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Hi Guys,

I am "knees deep" in a case with CIR Law out of San Diego and HSBC.

Anwyays, quick intro:

CIR Law Offices out of San Diego is suing me. This has been going on for the last year or so now.

I responded to their summons,(illegally served and left at my doorstep!) Pro Per, filed my answer, and I have a Case Mananagement Conference set in the next couple of weeks. I have already filed my case management statement.

I have demanded since 2010 production of documents affirming this debt with certified DV Letters even way before this lawsuit. Every request has been ignored.

I sent with my answer and request for production of documents, it has been ignored.

By the way, this is for a credit card account of $2500 from HSBC. Attorneys are laughing at the dollar amount that they are suing for. Noone can believe it.

Question for everyone, am I going down the right path? I figured this would be dismissed by now, but they keep moving forward. Any tips or tricks that have worked with HBSC and these bottom feeders CIR? Do i elect arbitration? Been reading the forums this whole year and you guys have really helped me with getting this far. Thanks!

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If you have served discovery and they have not responded then you should begin to work on a Motion to Compel. That means you send them a few reminder letters to show you tried working with them and then hit them with the motion.

If you do not take the lead and offense, they can sit around for a long time until you miss something and they go for a win. However if you start filing motions and force them to spend money on attorney time, then they will get closer to dismissal sooner.

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I sent the letter for "Demand for Production and Inspection of Documents" when I filed my answer Kent.

My Case Management Hearing is on August 1st. I noticed in my case management statement, it asked for Discovery and asked me to list all Anticipated Discoveries.

I will check on my Motion to Compel, along with a BOP I would assume after this hearing? When do you file a BOP? During discovery?

From my research this hearing is really to confirm that both parties are still around and to set a trial date. Unless someone can advise different.

And thanks for the heads up relly appreciate it!

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UPDATE:

Well, I showed up this morning to my Case Management Conference, Probably didnt need to, but glad I did! I wanted to first see how the process goes, and secondly.......I showed up to just make sure if I needed to.

Noone showed from HSBC.

Reason Im glad I showed is that my Trial Date was set for 11/23/11 before I even walked in. The day before thanksgiving. Not only was this very soon for me to gather my discovery that they keep ignoring, but I had plans with family.

So I was able to get it pushed to Dec 22nd. :lol: Judge was very nice, and suprised that someone actually showed!

I couldnt believe how one substitute lawyer for the JDB's was handling all these different cases. Amazing. He must have had a stack of 15 or so.

So now, I assume I can submit my BOP and also start discovery? They have ignored all DV's and Request for Documents to Date.

So I also need to Schedule a Meet and Confer guys? Where do I move next? Its obvious they are fighting this to the end

Edited by CALIDUDE2011

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UPDATE:

Well, I showed up this morning to my Case Management Conference, Probably didnt need to, but glad I did! I wanted to first see how the process goes, and secondly.......I showed up to just make sure if I needed to.

Noone showed from HSBC.

Reason Im glad I showed is that my Trial Date was set for 11/23/11 before I even walked in. The day before thanksgiving. Not only was this very soon for me to gather my discovery that they keep ignoring, but I had plans with family.

So I was able to get it pushed to Dec 22nd. :lol: Judge was very nice, and suprised that someone actually showed!

I couldnt believe how one substitute lawyer for the JDB's was handling all these different case. Amazing.

So now, I assume I can submit my BOP and also start discovery? They have ignored all DV's and Request for Documents to Date.

So I also need to Schedule a Meet and Confer guys? Where do I move next? Its obvious they are fighting this to the end

I would send a meet and confer letter stating that you have already sent a request for production of documents and if they don't respond within 10 days you'll have no other choice but to file a motion to compel. I'd also send a demand for bill of particulars as well. You can always file a motion to compel the PODs first then BOPs later if you choose...they'll probably hate having to show up to two different hearings. Good luck!

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I would send a meet and confer letter stating that you have already sent a request for production of documents and if they don't respond within 10 days you'll have no other choice but to file a motion to compel. I'd also send a demand for bill of particulars as well. You can always file a motion to compel the PODs first then BOPs later if you choose...they'll probably hate having to show up to two different hearings. Good luck!

Thanks Scientific. I like those ideas, and thats exactly what I was thinking of doing. Now I just need to do my homework on the Samples of BOP's and Meet and Cfnfer letters:cool:

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Send off your BOP demands asap. The BOP does not need to take on a particular form and you can think of it not as traditional discovery but as an amplification of the pleadings. Whatever they send you in the BOP limits what they can talk about at trial and what admissible evidence they can produce etc. You were smart to send them the production of docs request and have ample reason to do a motion to compel. A meet and confer letter also does not need to take on a particular form, simply send the attorneys a note typed up and along with a proof of service to cover your tail. Ultimately you can get caught up in a paralysis of analysis if you don't keep it moving and strategically your docs demand was quite clever! Good luck seeing this through! As to the case, you were given correct information about how these firms operate...they will sit on their laurels and not do anything; let the case drag on until it's dismissed for lack of prosecution or you miss a deadline then BOOM! They hit you with all these motions for this and that. Beat them at their own game and we'll be rooting for you the whole while!

BTW I am hoping that recent job cuts at aycheffseebinifishal will benefit all of the people on this board. They acquired aycheffsee which was a straight up predatory corporation that created many a personal loan that was impossible to pay off in ones lifetime. Many people have unwittingly been victimized by their slick talk. I am hoping that they have a fair amount of disgruntled employees that will shuck and jive and not send off their documents by the deadlines in these court cases. Let's keep our fingers crossed for that!

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Thanks Rikkivs for the Reply and Encouragement! Every bit helps.

Here is the BOP i just drafted up on Legeal Pleading Paper. Please anyone comment on how it looks?

++++++++++++++++++++++++++++++++++++++++++++++++++++

TO PLAINTIFF, HSBC BANK NEVADA, N.A., AND THEIR ATTORNEY OF RECORD:

XXXXXXX, DEMAND IS HEREBY MADE UPON YOU pursuant to Code of Civil

Procedure § 454, to furnish to defendant XXXXXXX, within ten days hereafter, a Bill of particulars setting forth all items and details of the account on which the cause of action for money lent or paid of plaintiff's complaint is based to include: an agreement and/or contract of said account, date of each transaction on the said account, the price or charge made of each item, all payments or credits that have been made to the account, a detailed account of how plaintiff calculated the amount owed, the contract assigning the account to the plaintiff and plaintiff’s attorney, and any agreement assigning the account at issue to the plaintiff.

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Ultimately it is their responsibility to provide 'a copy of the account'. This means all debits, credits, charges AND most importantly interest rate and finance charge calculations. You'll quickly find that there are inconsistencies galore because most credit card and personal loan accounts are revolving with variable interest rates. The interest rates can change from billing cycle to billing cycle and this is due to things like the universal default rule of the past (I don't know if they still do that) and other factors, along with the fact that the contract with most of these guys says that they can change the terms and conditions of the contract like interest rates etc anytime they wish. You'll find a completely inconsistent of the accounting with interest rates and God forbid finance charges that accrue daily.

With all of that said, your BoP looks fine but I would add that you'd like to see interest rate and finance charge calculations to better understand the balance of the alleged account. But don't over think it too much get it out of your hands and put the burden on them to prove their case;)

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BOP Sent on August 10th. Still no response. My next steps are a BOP reminder letter with a 10 day deadline, sent CMRR, and start drafting up my Motion To Compel and Exlude the BOP. Does this sound right? Thanks guys!

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BOP Sent on August 10th. Still no response. My next steps are a BOP reminder letter with a 10 day deadline, sent CMRR, and start drafting up my Motion To Compel and Exlude the BOP. Does this sound right? Thanks guys!

Sounds right...did they ever respond to your request for production of documents? Did you ever send the meet and confer letter?

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Sounds right...did they ever respond to your request for production of documents? Did you ever send the meet and confer letter?

Never responded to Request for Production, and I have not sent a meet and confer letter yet. SHould I do that after the BOP follow up? Thanks Scientific.

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Never responded to Request for Production, and I have not sent a meet and confer letter yet. SHould I do that after the BOP follow up? Thanks Scientific.

I would send a meet and confer letter that addresses both, POD and BOP...might want to start preparing the motion to compel as well...

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Thanks Scientific, Will draft that up. Sending out the BOP reminder letter today with a CMRR. Do I need to file the BOP, Reminder Letter with the Clerk of Court?

Thanks!

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You won't need to file the BOP unless you're filing it as part of a motion (compel, or in limine).

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You won't need to file the BOP unless you're filing it as part of a motion (compel, or in limine).

Thanks 1st step. Will save that for when I file Motion to Compel.

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08/16/2011 DISMISSAL WITHOUT PREJUDICE FILED FOR THE ENTIRE ACTION AS

TO ALL DEFENDANT(S) AND ALL CAUSES OF ACTION(S).

:)++

Thank you to EVERYONE who has posted on my topic and everyones advice on here for my long road to a dismissal. I sent my BOP reminder letter last week, and it looks like someone finally wisened up and realized they had NOTHING!. Im seriously considering a FDCPA lawsuit now for their tactics. Where do i start!

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They dismissed without prejuidce, which means they could come back, or sell the debt and you'll be in the same pickle again, with added fees and interest.

Great work though! Keep up the good fight

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08/16/2011 DISMISSAL WITHOUT PREJUDICE FILED FOR THE ENTIRE ACTION AS

TO ALL DEFENDANT(S) AND ALL CAUSES OF ACTION(S).

:)++

Thank you to EVERYONE who has posted on my topic and everyones advice on here for my long road to a dismissal. I sent my BOP reminder letter last week, and it looks like someone finally wisened up and realized they had NOTHING!. Im seriously considering a FDCPA lawsuit now for their tactics. Where do i start!

Congrats! I think you ought to ask Calawyer but consider an abuse of process suit. This is because they filed a suit with no evidence attached to the complaint, you asked for an elucidation of the pleadings via a BoP request, they didn't provide one, and they never answered your production of docs request either. This might lead one to believe they filed a lawsuit with no admissible evidence that you owed their client money, lacking due diligence, causing you financial and emotional hardship and misrepresenting the status of the debt (if they don't provide any evidence why did they sue you in the first place?) Their suit was tantamount to someone declaring that you owe them money with absolutely NO proof.

Consider a Rosenthal violation suit too. Our states' version of the FDCPA is consumer friendly in many ways. Good luck!

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Congrats! I think you ought to ask Calawyer but consider an abuse of process suit. This is because they filed a suit with no evidence attached to the complaint, you asked for an elucidation of the pleadings via a BoP request, they didn't provide one, and they never answered your production of docs request either. This might lead one to believe they filed a lawsuit with no admissible evidence that you owed their client money, lacking due diligence, causing you financial and emotional hardship and misrepresenting the status of the debt (if they don't provide any evidence why did they sue you in the first place?) Their suit was tantamount to someone declaring that you owe them money with absolutely NO proof.

Consider a Rosenthal violation suit too. Our states' version of the FDCPA is consumer friendly in many ways. Good luck!

Thanks Rikki. Yes it was all BS and I think I need to figure out how to start a suit. Would I go small claims or CiviL? Here we go again:)

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In other words, the nature of your case dictates whether you go to small claims or CA Superior Court etc Also, consider calling them and doing a dismissal with prejudice if you bear your own costs and fees. Sometimes they're willing to do that because either way it goes they will need to pay your fees and costs. Now the case was dismissed about two weeks ago and that is usually the time frame needed to collect your costs. Ask Calawyer about this because the time frame is narrow, but as a pro se litigant I'm sure the court might grant you some lenience on the matter.

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I just filled out my MC-010 for my fees. Even though I am past the 15 days by like 2 days (ON time if it only includes court days, no weekends), I will see the clerk first thing in morning and plead my case. I was never sent the dismissal either from the court of the idiots at the JDB. Im sure thats part of their tactics. I have close to $1,000 in fees, would be nice to get back or even a judgment on them to bargain for the DWP.!

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