mac123

Sued by a JDB in California

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I just got served by a JDB ...

Looking for advice

Here is my short story...

Had about 450k in total debt 3 years ago

settled about 400k over the last 2.5 years ... never been sued ! until now ....

I had one more to go too... it was a Credit card used for our sole prop business... defaulted about 3 years ago .... we were close to settling with the OC but they were being stubborn and we could not agree on a % ...

so it eventually got sold off to a JDB ... they have had it about 16 months ...been pretty quite... they would call 1 a month ..no big deal ...

they bought debt for prob 5-10 cents on dollar...i imagine .. ... defaulted amount was about 36k ....

Then last week ...bam ... lawsuit ...

My questions are ... do you think I would be more successful fighting them in court as a JDB or in trying to get them over to Arbitraiton with JAMS ? The cc account did have an arb clause which basically said within 60 days of any litigation either party could elect binding arb.

amount they are suing for is about 36k plus attorneys fees.. I did not see where it was verified complaint ?

Anyway, just wondering if anyone has any advice they could offer ....

thanks for any and all help !

mac

Edited by mac123
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Linda7 is the arbitration expert here.

or, if applicable for a business debt, consider challenging the JDB's standing.

Most JDB's can't prove they own the debt.

Once sued, sending the JDB a Bill of Particulars (BOP) should ruin his party.

READ: Bill of Particulars Valueable Lawsuit Tool for Defendant

1) File your Answer to Complaint.

2) A few days later send request for BOP only if the complaint’s CAUSE OF ACTION is breach of contract/common counts. Send it USPS with CMRR /include Proof Of Service. Your BOP does NOT need to be on pleading paper.

For a list of items that need not filed with the court, go to Title Three Rules

STRATEGY: Send your first BOP ASAP so you can complain about the

insufficient response in your Meet & Confer statement.

CA Codes (ccp:452-465)

You have to show the courts that you 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. So, you may need to send a second request for BOP if no timely response OR if the JDB's response is insufficient.

If all else fails,consider filling a Motion to Compel.

See this thread- Motion to Compel...- by calawyer:

Motions to compel BOP vs. written discovery in Cal.

3) Send Meet & Confer (more than 1 often needed).

4) Attend Settlement Conference and reject settlement offer.

5) Respond to JDB Request for Admissions, Documents, and Interrogatives

6) Attend Case Management Conference and select trial dates.

7. Read CCP 96: CA Codes (ccp:90-100)

8. Send CCP 96 request in the timeframe described in the rule. Here is a form: http://www.courts.ca.gov/documents/disc015.pdf

9. If you receive a CCP 98 declaration, read CCP 98 (see link above). Have the Court issue a subpoena and have the subpoena served on the witness at the address listed in the declaration.

10. Read posts here on this site on how to deal with the CCP 98 witness at trial (motion in limine).

11. Become familiar with California's hearsay rule and its exceptions. Also, you should

understand the concepts of personal knowledge (pretty easy) and authentication of documents. Prepare yourself to use these objections at trial. If you don't, you waive them.

___________________________

Your Discovery needs to be timely.

Request Admissions

Request Special Interrogatories

Request (POD)

STRATEGY: If Plaintiff has answered you Request for BOP, you may want to use it to craft your discovery.A good thread about strategy: strategy - the pros chime in

Edited by CALIF Dreamer
typos
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Your PM box is full. But it is better to use the thread. THat way we can all look back and see where you are and what has happened.

The answer is yes. Focus on the asssignment. Perhaps you have an argument that the allegation in the complaint is contradicted by the assignment agreement. I would compare the complaint's language with the agreement to find out.

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Your PM box is full. But it is better to use the thread. THat way we can all look back and see where you are and what has happened.

The answer is yes. Focus on the asssignment. Perhaps you have an argument that the allegation in the complaint is contradicted by the assignment agreement. I would compare the complaint's language with the agreement to find out.

It was difficult to give advice when I couldn't find anything as to where you were in the process...but I was glad I could help and found information for you to be able to prepare..but I agree with CALAWYER...Post here...so that you will see that ....THE FORCE IS WITH YOU...especially getting help from MASTER YODA "CALAWYER". In all seriousness, so that we can ALL chime in..:mrgreen:

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