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Pride Acquisitions LLC


Kobayoshi
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1stStep is right. Don't make a deal, it's like admitting you owe the debt.

Did you file an Answer to the complaint? That is the most important thing.

Then you should consider preparing a Case Management Statement depending on what you wish to do, fight the case or arbitrate.

GL

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Thanks, I am over the 30 day time frame. What will happen if I file a response anyway?

File an answer immediately. If you file the answer before plaintiff attempts to take your default, it will not matter that you are beyond the 30 days. If plaintiff takes your default, you will have to file a motion to have the Court set it aside.

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I am embarresed to say this but, I was personally served on 6/25/2011.

It doesn't matter how long you waited. If you beat them to the courthouse with an answer before they take your default, you win. However, if plaintiff does not take your default soon, the Court will issue an Order to Show Cause why plaintiff should not be sanctioned for failing to serve you or take your default.

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  • 2 weeks later...

Whew! That's good news!

Let me just say that you should be encouraged. If this JDB is that incompetent that they didn't file for a default judgment after three months of you not filing a response, then I'd say you have a really good chance of beating these morons. :-)

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OP - send Pride a BOP - there's a couple of sample templates here.

The BOP will be effective since Pride doesn't seem to have their s**t together. The BOP gives them 10 days to itemize each and every transaction over the life of the account. If they cannot do so, you can file a motion with the court to preclude evidence from being offered at trial.

Send the BOP via Certified Mail so that you know the exact date they received it.

Get to work on it - this is beatable!

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I filed a "General Denial" before a default was filed by Pride Acquisitions. Can you tell me what will happen next?

Excellent. Send a Bill of Particulars. It is simple. Seach my posts for BOP and you will find a form.

Also, if you have a CMC coming up, you should file a CMC statement. That is a form too and you will find it on the Judicial Council website.

Good luck

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I am in California. Do I need to file the BOP with the court or can I just send it to Pride Acquisitions? And, does this BOP look ok to send?

To PLAINTIFF ____________ and its attorneys of record herein:

DEMAND IS HEREBY MADE UPON YOU, pursuant to California Code of Civil Procedure section 454, to furnish to Defendant ____________, within 10 days, 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, including the date of each transaction, a description of the services, materials or goods supplied or other considerations rendered, the price or charge made for each item, and all payments or credits that have been made to the account. Please also provide written contract and written agreement between Plaintiff and Defendant referred to in the complaint

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