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I'm so glad to see that people in Cali are using BOP.

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Mailed by BOP yesterday to Hunt & Henriques along with POS-thanks to the board for the examples and tips as it kept me from making any firt-timer pro se mistakes.

Also, mailed my answer under separate cover to avoid any confusion.

Let the count-down begin!

Funny story. I went to a process sever to serve the BOP and Answer and I mentioned to him that ABC Legal "sewer served" me and he told me he is working with a lawyer who is trying to nail them for sewer severing her. 8-)

Thanks to the sage advice on this board I chose to answer the complaint instead of doing what she is-pulling all the records she can find on ABC Legal with our local court. Common mistake for newbie lawyers I understand and usually doesn't sit well with the court although if the SOL is about to run out then yes go for it.

Thanks all. :)++ Got all three of my discovery documents ready just sitting back waiting for H&H to not respond to my BOP.

Carol-Lynn

Hey SkippieB,

Welcome...just make sure on your BOP you hold the JDB's to the 10 days + 5 days mailing that's it. The code is very specific with the 10 days..

helpme

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Hey SkippieB,

Welcome...just make sure on your BOP you hold the JDB's to the 10 days + 5 days mailing that's it. The code is very specific with the 10 days..

helpme

Thanks HelpMe-I've already marked my calendar. Composing my follow-up BOP request and Meet And Confer letter as we speak using great input from the board.

Carol-Lynn

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Thanks HelpMe-I've already marked my calendar. Composing my follow-up BOP request and Meet And Confer letter as we speak using great input from the board.

Carol-Lynn

The law firm I'm dealing with ignored my M&C completely.

I have a feeling they're going to ignore my discovery requests as well.

Edited to add: I haven't gotten my green postcards back from the discovery letters I sent. Curious.

Edited by unemployednomore
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Mailed by BOP yesterday to Hunt & Henriques along with POS-thanks to the board for the examples and tips as it kept me from making any firt-timer pro se mistakes.

If you haven't already done so, look at VLDCA's posts. She beat H&H twice at trial. With one hand tied behind her back. Sitting down. With a hangover (just kidding).

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Thanks HelpMe-I've already marked my calendar. Composing my follow-up BOP request and Meet And Confer letter as we speak using great input from the board.

Carol-Lynn

quick question, why bother with the follow up? If they don't respond, they don't get to use anything that you asked for.

I thought the plan was to ask for the BOP and hope that you get nothing, or that it's not timely. Then when the trial comes up ask to preclude anything that they should have sent you.

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quick question, why bother with the follow up? If they don't respond, they don't get to use anything that you asked for.

I thought the plan was to ask for the BOP and hope that you get nothing, or that it's not timely. Then when the trial comes up ask to preclude anything that they should have sent you.

Either way works for me. I guess people do the follow-up BOP and the M&C just to prove they tried but that nasty JDB either doesn't have it or can't be bothered both of which make them look like tools!8-) who file frivolous lawsuits knowing full well they haven't got a leg to stand on knowing full well in 95% or more of the case they file they will get a default judgment in 91 days or less without any documentation in most courts other than a BOS that says nothing using sewer servers to do it if necessary. Whew! 8]

Carol-Lynn

Edited by SkippieB
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Either way works for me. I guess people do the follow-up BOP and the M&C just to prove they tried but that nasty JDB either doesn't have it or can't be bothered both of which make them look like tools!8-) who file frivolous lawsuits knowing full well they haven't got a leg to stand on knowing full well in 95% or more of the case they file they will get a default judgment in 91 days or less without any documentation in most courts other than a BOS that says nothing using sewer servers to do it if necessary. Whew! 8]

Carol-Lynn

This is the status of my BOP atm. I've sent a M&C, but I haven't yet filed to compel or anything as they completely ignored my M&C.

Interestingly, I sent them official discovery (plus my response to their discovery questions) and while I've gotten the green postcard back from the discovery responses I sent them, I have yet to get the postcard back for my discovery questions to them. :roll:

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I also posted this same question on another thread but I thought it would also be suitable to ask here as well:

Can any other type of request be made to a plaintiff (other than what is typical and has been stated on this thread)? For example, a signed application, documentation indicating that said account is of an authorized user, etc.

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I also posted this same question on another thread but I thought it would also be suitable to ask here as well:

Can any other type of request be made to a plaintiff (other than what is typical and has been stated on this thread)? For example, a signed application, documentation indicating that said account is of an authorized user, etc.

You can ask for anything, and sometimes plaintiff will give it to you. However, I would not move to compel anything other than a "copy of the account" because that is what the statute requires.

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How would i preclude any evidence of the BOP at trial?

You can ask for anything, and sometimes plaintiff will give it to you. However, I would not move to compel anything other than a "copy of the account" because that is what the statute requires.
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How would i preclude any evidence of the BOP at trial?

Hi h20darg0n,

I believe calawyer posted this in another thread. You have to show the courts thatyou tried to resolve any disputes thru meet and confer letters. If that doesn't get resolved...then you file a motion to compel further bop. If the other side defies the court order then you can file a motion to preclude prior to trial or file a mil at the threshold of trial.

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Thanks helpme.

I compel the BOP. Now, I have tentative ruling which plaintiff unopposed. I don’t think I've receive any legal papers pertaining to the ruling. I just got a CCP96 and CCP98. Are these papers receive from the attorney would fulfill the ruling? Also, I’m only a few days away from trial. How can I add this to my trail brief? PS I already submitted the trial brief. Can I update the brief as in limine motion and serve in time before trial or will this has to be taken up at trial?

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Hi h20darg0n,

If the tentative ruling states specifics like itemization of all debits and credits or something to that effect and you received it by a date specified by the courts then they complied. If you got soemthing else like ccp96/98 then No ccp 96/98 does not fulfill the ruling on a compel BOP. Yes you can submit mil at threshold.

If you didn't state in your brief plaintiff didn't comply with bop ruling personally I would update to let the judge know Plaintiff defied court order.

Look at this for mil as a template: http://openaccess1.sanmateocourt.org/getpdf/pdftemp/2012083111163119826/A-0000250648-1.pdf

Hope this helps..

Edited by helpme
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Question

They have this statement in the Declaration that I am confuse how to a write in.

I hereby appoint JB attorney, esq to accept service of process in this matter on my behalf. The address where I will be available for service of process for reasonable time during the 20 days immediately prior to trial is JB attorney, esq ... address within 150 miles of trial.

She is giving power to the JB attorney which I know not possible.

Also the subpoena can not be serve because she doesn't work at the local address.

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LVNV Funding's attorneys have yet to respond to my BOP which I had served on them and sent CMRRR. Yesterday was the deadline for requests by mail allowing for an extra day because of Labor Day holiday.

I got the green card back so I know they got it and I had the process server enclose a copy of the proof of service form so my bases are covered. I kindda hope they won't comply so I can compel and hopefully get the info excluded. I made sure I asked for proof of assignment too.

Sending the Meet & Confer letter on Monday if I don't get anything in the next couple of days.

The lawyers are Hunt & Henriques anyone deal with them and a BOP request?

Carol-Lynn

Edited by SkippieB
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Question

They have this statement in the Declaration that I am confuse how to a write in.

I hereby appoint JB attorney, esq to accept service of process in this matter on my behalf. The address where I will be available for service of process for reasonable time during the 20 days immediately prior to trial is JB attorney, esq ... address within 150 miles of trial.

She is giving power to the JB attorney which I know not possible.

Also the subpoena can not be serve because she doesn't work at the local address.

Exactly. Do what the attorney for Sandra Pacheco did. Try and have her served where they say that she'll be and make sure to include a check for $50 (fee and mileage). Instruct the process served not to give it to anyone else but her period as this is personal service. They had their guy go back three times and each time he wrote that she wasn't there to accept it. Might cost you a few bucks to do that but you will have proof she wasn't there and a copy of the check you wrote to prove you did your best. Pacheco's attorney got the affidavit thrown out with that trick. Called their bluff.

Carol-Lynn

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LVNV Funding's attorneys have yet to respond to my BOP which I had served on them and sent CMRRR. Yesterday was the deadline for requests by mail allowing for an extra day because of Labor Day holiday.

I got the green card back so I know they got it and I had the process server enclose a copy of the proof of service form so my bases are covered. I kindda hope they won't comply so I can compel and hopefully get the info excluded. I made sure I asked for proof of assignment too.

Sending the Meet & Confer letter on Monday if I don't get anything in the next couple of days.

The lawyers are Hunt & Henriques anyone deal with them and a BOP request?

Carol-Lynn

Hey SkippieB,

Yes I had them and beat them back in February. Just got a ck from them after labor day. It took me several m&c letters before they sent me something. After which I still sent them m&c letters for what they sent me ba=ecause it was all crap. After 2 mos of m&c letters I sent discovery which threw them off and they stopped paying attention to my BOP letters which is what I wanted them to do and I quietly filed mtc bop in the midst of discovery (btw-they missed the 30 day deadline for discovery) so they didn't know if the motion was for bop or for discovery. So needless to say I got a call and a nasty letter from them, then I received a letter for dismissal.

They're sloppy. Keep with the m&c letters. If by Monday you don't receive anything there's a good letter for no response to BOP somewhere on this forum. Try looking at 1111girl's thread.

Hope this helps..

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Hey SkippieB,

Yes I had them and beat them back in February. Just got a ck from them after labor day. It took me several m&c letters before they sent me something. After which I still sent them m&c letters for what they sent me ba=ecause it was all crap. After 2 mos of m&c letters I sent discovery which threw them off and they stopped paying attention to my BOP letters which is what I wanted them to do and I quietly filed mtc bop in the midst of discovery (btw-they missed the 30 day deadline for discovery) so they didn't know if the motion was for bop or for discovery. So needless to say I got a call and a nasty letter from them, then I received a letter for dismissal.

They're sloppy. Keep with the m&c letters. If by Monday you don't receive anything there's a good letter for no response to BOP somewhere on this forum. Try looking at 1111girl's thread.

Hope this helps..

Thanks it does help and I will review 1111 girl's thread.

I figured H&H were slackers from all the research of Cali court records. I couldn't find one case where they filed for MSJs, or for PODs let alone went to trial. There is one case pending here in my local court that is set for trial Nov. 7th and I am following it to see if they'll fold.

I got a reply yesterday concerning my BOP and they want-get this-more time as it might take them up to 45 more days to get what they should have pulled together before they brought a suit! Otherwise frivolous lawsuit. I'm giving them 10 more days. We'll see what they do then.

I sent my BOP the same day, under separate cover, as my Answer hoping it would catch them off-guard and it looks like it did.

I've got my Discovery ready and thought I'd send Request for Admissions-Set One first. Maybe next week. Nothing major about my account so much as letting them know they're trying to game the system because that's what their business model does. Stuff like:

1, Admit your a debt collector;

2. Admit you buy charged-off consumer accounts in large portfolios

without any warranties including collectibility;

3.Admit that during your normal course of business you do not send

monthly billing statements;

4.Admit that you open collection accounts using summary information

obtained from the unverified account receivable files.

Question: Should I send the Interrogatories at the same time or wait a week? How'd you do it.

So you got a check from them. What for and how did you do it?

Carol-Lynn

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Good morning skippieB,

I waited a few days not a week when I sent off rfa's then I waited a few more days and sent pod's.

Just be prepared you will get nothing but objections. I mainly got attorney-client privilege objections. But calawyer helped me with the answers to their objections.

The check was for the fees I paid. I won the case in Feb and its now Sept. They filed a motion to tax costs and courts where pretty busy at the time they filed.

btw-if ever you have to m&c by phone they play dumb. So watch what you say and if they ask you to explain something (which they should know since they are a law firm) just tell them "you're a lawyer that's your job to know". It happened to me.

Edited by helpme
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Good morning skippieB,

I waited a few days not a week when I sent off rfa's then I waited a few more days and sent pod's.

Just be prepared you will get nothing but objections. I mainly got attorney-client privilege objections. But calawyer helped me with the answers to their objections.

The check was for the fees I paid. I won the case in Feb and its now Sept. They filed a motion to tax costs and courts where pretty busy at the time they filed.

btw-if ever you have to m&c by phone they play dumb. So watch what you say and if they ask you to explain something (which they should know since they are a law firm) just tell them "you're a lawyer that's your job to know". It happened to me.

Do you mean for me to play dumb or that they will play dumb?

Actually I've talked to their collection people twice and both times I said "I prefer to litigate." Always sounding please always sounding cooperative revealing nothing. They want to make a deal. LOL!

We have a voluntary mediation session (1 hr) on Oct. 5th. I'm hoping to slam them with lack of response to BOP and maybe some Set One Discovery Request too at least to see what the mediator says. There has only been one case in our local courts that LVNV had a mediation session with and they showed up-surprise, surprise. The Defendant didn't so they set the case for trial.

I'm lucky in that I have a fee waiver for court costs so I can file all the motions that I want without charge. I found some fantastic interrogatories this morning on-line. Written by law professors some of which were from Harvard. I mean they are spectacular! I'm going to rewrite mine because once they see it their blood with boil and hopefully they'll dismiss too.

Carol-Lynn

Edited by SkippieB
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Do you mean for me to play dumb or that they will play dumb?
they will play dumb. My case never got to first cmc hearing or mediation. That's why I still continue to read and learn from this forum.
I found some fantastic interrogatories this morning on-line. Written by law professors some of which were from Harvard. I mean they are spectacular! I'm going to rewrite mine because once they see it their blood with boil and hopefully they'll dismiss too.

Carol-Lynn

Please share those interrogatories. Helping a relative with their case.

Thanks...helpme

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