Kobayoshi Posted September 20, 2011 Report Share Posted September 20, 2011 I am being sued by Pride Acquisitions LLC for a credit card I had with Chase. I have a Case Management Conference coming up soon here in California. Any ideas of what will happen at this conference and how I can prepare for it? Link to comment Share on other sites More sharing options...
1stStep Posted September 20, 2011 Report Share Posted September 20, 2011 If it's your first one, the judge will send you out into the hall where the attorney will brow beat you into settling...don't do it. Don't sign anything that he may have prepared.I'm assuming that Pride is a JDB, so set up discovery because they are beatable. Link to comment Share on other sites More sharing options...
InProPer Posted September 20, 2011 Report Share Posted September 20, 2011 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 Link to comment Share on other sites More sharing options...
1stStep Posted September 20, 2011 Report Share Posted September 20, 2011 I guess we need to know when the date of last payment was... Link to comment Share on other sites More sharing options...
Kobayoshi Posted September 20, 2011 Author Report Share Posted September 20, 2011 My last payment was approximately in January of 2009. Link to comment Share on other sites More sharing options...
Kobayoshi Posted September 20, 2011 Author Report Share Posted September 20, 2011 I have not filed a response to the complaint. Link to comment Share on other sites More sharing options...
1stStep Posted September 20, 2011 Report Share Posted September 20, 2011 You need to answer to avoid default. Link to comment Share on other sites More sharing options...
KentWA Posted September 20, 2011 Report Share Posted September 20, 2011 File an Answer and then hit them with a BOP Link to comment Share on other sites More sharing options...
1stStep Posted September 20, 2011 Report Share Posted September 20, 2011 Exactly...that'll put a stop to them... Link to comment Share on other sites More sharing options...
admin Posted September 20, 2011 Report Share Posted September 20, 2011 Here is the documentation on the Bill of Particulars (BOP): Bill of Particulars Valueable Lawsuit Tool for Defendant Link to comment Share on other sites More sharing options...
Kobayoshi Posted September 20, 2011 Author Report Share Posted September 20, 2011 How do I file an answer? Link to comment Share on other sites More sharing options...
1stStep Posted September 20, 2011 Report Share Posted September 20, 2011 Go to the Judicial Council website. There are preprinted forms available for use in any Calif county. Find the one that is PLD-050, fill it out and file it with the court. You only have 30 days after service to do so. Link to comment Share on other sites More sharing options...
InProPer Posted September 21, 2011 Report Share Posted September 21, 2011 If you haven't filed an answer and it's been more than 30 days since you've been served, it may be too late. We need to know the date you were served and how you were served, by mail or in person. Link to comment Share on other sites More sharing options...
Kobayoshi Posted September 21, 2011 Author Report Share Posted September 21, 2011 Thanks, I am over the 30 day time frame. What will happen if I file a response anyway? Link to comment Share on other sites More sharing options...
calawyer Posted September 21, 2011 Report Share Posted September 21, 2011 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. Link to comment Share on other sites More sharing options...
Kobayoshi Posted September 21, 2011 Author Report Share Posted September 21, 2011 I am embarresed to say this but, I was personally served on 6/25/2011. Link to comment Share on other sites More sharing options...
Kobayoshi Posted September 21, 2011 Author Report Share Posted September 21, 2011 And is the form to file, PLD-050? Link to comment Share on other sites More sharing options...
1stStep Posted September 21, 2011 Report Share Posted September 21, 2011 If the Plaintiff has not been awarded a default, do as Calawyer wrote - file your answer. Link to comment Share on other sites More sharing options...
usagi555 Posted September 21, 2011 Report Share Posted September 21, 2011 I am embarresed to say this but, I was personally served on 6/25/2011.Why are you embarrassed? The fact that you want to reply and are taking steps to do so means that you are far, far ahead of something like 90%-95% of consumers out there who just roll over and take it. Link to comment Share on other sites More sharing options...
calawyer Posted September 21, 2011 Report Share Posted September 21, 2011 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. Link to comment Share on other sites More sharing options...
Kobayoshi Posted October 2, 2011 Author Report Share Posted October 2, 2011 I filed a "General Denial" before a default was filed by Pride Acquisitions. Can you tell me what will happen next? Link to comment Share on other sites More sharing options...
nrgins Posted October 2, 2011 Report Share Posted October 2, 2011 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. Link to comment Share on other sites More sharing options...
1stStep Posted October 2, 2011 Report Share Posted October 2, 2011 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! Link to comment Share on other sites More sharing options...
calawyer Posted October 2, 2011 Report Share Posted October 2, 2011 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 Link to comment Share on other sites More sharing options...
Kobayoshi Posted October 3, 2011 Author Report Share Posted October 3, 2011 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 Link to comment Share on other sites More sharing options...
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