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Voluntary Mediation Session-Should I Go?


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Our local court here in SoCal now schedules a voluntary 1 hr mediation session if you decide to answer a collection complaint. Attendance is strictly voluntary.

My question is has anyone got an opinion or experience about these voluntary sessions?

Thanks!

Carol-Lynn

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This is interesting. I haven't heard anything about this in my case.

(I was given summons in May, made reply, have been going through discovery over the summer)

Depends on where you live. Some courts in California now require you to attend a mediation session whiles others, like San Bernardino County where I live, do not. Seems to be a new trend out here.

Also the next step after the voluntary mediation session is the Trial Setting Hearing. The clerk told me this is new too. Seems like this replaces the case management conference. She told me that I wouldn't be required to do a Case Management Statement but we'll see. I'm old enough to know you have to weigh what clerks/reps tell you with a grain of salt. Half the time they know jack.

I pulled a case yesterday at my local courthouse that already had the mediation session and the lawyer for H&H supposedly filed a brief but it wasn't there and the defendant didn't bother to show up. Long story short I seriously doubt that I will go now after seeing the evidence I saw yesterday H&H presented to get costs paid for in a default judgment-laughable. They entered an intent to sue letter to prove their costs-haha!

I also got a copy of their standard BOSs they submit for default judgments from another California court and it was even more laughable.

Here is what the first BOS (which is actually an amendment to the sales agreement which wasn't submitted) says in a nut-shell: Sherman Originators LLC bought Accounts from some OC and those Accounts are "identified" in a file with a 20 character name starting (with the date the file was obviously compiled) which "may be electronically transmitted" to Sherman. The original creditor makes no representations about the Accounts and Sherman has no recourse if they buy an oinking pig-in-a-poke!

In the second BOS Sherman Originators LLC, based on a prior agreement (which surprise surprise isn't included either) with LVNV Funding sells them a file but they give the file a different name. And, that was that!

Carol-Lynn

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