ASTMedic

How I beat Midland in California

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@DonnaPoo

Thanks for generously answering my questions. <8^D

It seems like there is a form to submit..... you know what? I think I got off-track on that point, thinking of the paperwork submitted post-judgement... I think it is the prevailing party's obligation to give it to Judge to sign... and, I think that is when costs are squared away, too...

So, since this is dismissal without prejudice, in my very best Roseann Roseannadanna voice, "Nevermind". LOL!

May there be noneed for a second go round with them, or anyone. But, if so, may that you keep on showing what Victory looks like in a pinstriped skirt suit! HURRAH!

Enjoy the bliss!

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Hello,

 

I am in California and currently in a credit card debt case against Unifund LLC. I filed my answer back in 12/15/14 and have not requested anything yet from the plaintiff. Just this weekend 12/27/14 I received the plaintiff's Request for Production of Document and Requests for Admission. If I am understanding the document correctly, I have 30 days to answer even though based on the sample replies that I have seen in the forum I should have no problem sending my response sooner than later. My question has to do with the POS. When I sent my answer back on 12/15 I used POS-030 which the court house stamped/endorsed. I was told by my county court that the plaintiff does not need a copy of the POS. Just the court and one for my records. Will I need to fill out another POS and have the courthouse stamp/endorse when I send out my response to the plaintiff's request? Also, will I need to send a copy of the POS to the plaintiff along with my response.

 

Any help or feedback would be appreciated.

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@CaliMOO

 

Welcome, to get more personalized responses, it's best if you start your own thread & answer the questions stickyed to the top of the forum page.  Makes it easier for us to help you.

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Thanks so much for posting all this information, now I just need to get a nice suit to appear in court - don't think my tractor gear will be impressive to a judge in California.  I am at the stage of appearing for the CMC in a few days and shaking like a scarecrow in the wind.  Is it ok for me to PM you with a few questions? 

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Thanks so much for posting all this information, now I just need to get a nice suit to appear in court - don't think my tractor gear will be impressive to a judge in California.  I am at the stage of appearing for the CMC in a few days and shaking like a scarecrow in the wind.  Is it ok for me to PM you with a few questions? 

 

I wouldn't stress too much over the CMC. As long as you filed your statement on time, it will be a simple event.  They will likely have a rent a lawyer there handling multiple JDB's.  You will need to make sure you name is on the docket posted outside the courtroom, then go in and sign in and sit and wait.  Unless there is something contentious on your CMC Statement, the judge will call you both up and ask if you want a jury trial (usually no) and schedule a trial date.  They should also give you any pertinent information regarding special rules they may have (every courtroom is different), and that's it!

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Hey all.

I'm still around. Mostly answer just PM's since I never look at the threads. I'm reading the PM's that are sent to more than one of us but only chime in if I have a point to make. Just cus I don't answer doesn't mean I'm not reading along with what people are saying.

Feel free to keep sending PM's if you have a question to ask me. Keep up the good fight folks.

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5 minutes ago, Summoned&Scared said:

Not sure if you will see this but i have found your thread extremely helpful!!!!

Yep I saw it. I'm glad it helped

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OMG!!!! You have no idea how much it helped.  I have spent this afternoon going through your thread.  If I may ask you a question,  did you include any affirmative defenses with your general denial?  I see some with and some without.  Also did you serve your request for documents at the same time you served your answer?

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2 hours ago, Summoned&Scared said:

OMG!!!! You have no idea how much it helped.  I have spent this afternoon going through your thread.  If I may ask you a question,  did you include any affirmative defenses with your general denial?  I see some with and some without.  Also did you serve your request for documents at the same time you served your answer?

I'm going to be honest, it's been a while and I could only tell you what's in the paperwork.

I used a general denial since that needs no defenses. It gives them nothing to grab on to. Keep things vague as possible so they have nothing to work with. That was the whole plane through out my case was to respond with as little as possible to make them think I was just like everyone else and had no idea what I needed to do.

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Hi ASTMedic. I don't know if you'll ever see this post, but I hope so.

Maybe it would be helpful to update your AWESOME original post showing that in place of a Case Management Conference, many Courts in SoCal are using Trial Setting Conferences.

Everything that happens in a CMC appearance, happens at the TSC. I've just had mine yesterday and everything went as promised for a CMC, except for filing anything (no need) (i.e., dress-for-war (dark, somber clothing is best!) nothing to stress about, size up the rent-a-lawyer, get a trial date (mine became 08/04/2016 - yeah, almost five months from now!) and was given a time for trial (one hour), notified by judge about the mandatory information what the Court wants me to file for the trial.

Judge was going to give the lawyer an 08/02/2016 without even asking me if that was agreeable! I had to stop him from entering the date, telling him that's a Tuesday and I can only accept any Mondays, Thursdays, or Fridays. I got the feeling that the judge knows this attorney due to his amiable attitude that he didn't show any Defendants (except me since I said, "Good morning, your Honor and made him smile - no one else did, not even the lawyers there!).

Anyway, the TSC, I believe, has had been put in place in order to cut costs since Courts have been hurt by budget cuts and this practice has been extended. Perhaps you can edit and add that in your OP? Just as an aside.

Still awaiting Plaintiff's response to my RFP. They're LATE! The 35 day to serve Plaintiff response to my RFP ended last Friday! Then again, I'm late as well. I've sent them my Response to their RFA, ROGs, and RFPs on Saturday (due 17th) but had to redo them as a supplemental and filed both sets with the Court to ensure they had them before the Plaintiff could file a Motion for RFA's as "deemed admitted" (checked this morning, they haven't).

Your OP is A-W-E-S-O-M-E and has been so incredibly helpful so far. I'm certain it will be helpful all the way to the end! I keep reading it over and over again to get familiar with everything you've posted in your OP, and am getting sound suggestions from Calawyer and Anon Amos, and SadinCa. I feel a little more confident.

And if you're not an attorney, maybe you should become one. You're tough and you'd make a FINE consumer attorney. Just sayin'...

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Hey.

Just wanted to say I "won" my case today.

By "won",I mean had it dismissed with prejudice.

This was on the day of trial after following all that you guys said including subpoena,MIL,etc.

I dropped the ball a few times along the way,but it ended up working out.

I am not pursuing costs or my own lawsuits at the time, but I did make sure these people will never come back and am satisfied.

I want to give you guys the whole narrative soon and will.But,I also know what it's like to be in the middle of all this and just wonder if you can do it or be losing faith,so I decided to post this right away for that person that may have been on the fence and/or doubting themselves like me.

Thanks @ASTMedic @Seadragon @calawyer and anyone else that helped.This has really saved my butt and been better than any attorney.

In the meantime,I wanted to link to this: http://www.courts.ca.gov/partners/documents/2011SRL5eResurgence.pdf

If you decide to use SOL defense,this is a good reference to avoid 4 /choice of law clauses from the JDB.I didn't end up finding it until the day of almost,but I thought it was helpful.

Also there is a guy on YT named MarvinArizona that I believe is a forum member.I learned a lot watching his response vid: 

 

 

Hmmm, what else...? 

 

The rest you guys have covered and I will tell the story in a few.I'm just kind of coming down from it all and don't want to miss any of the juicy stuff.I love your guys stories and want to do this one justice.Talk soon. - Nancy Q Su (ps this is the name of the attorney working for Resurgence Legal Group,I find this tidbit to be more entertaining after winning,now do your job Google SEO!!). 

 

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Congrats.  I am very proud of you.  You just beat a lawyer that specializes in this area of law.  And you did it by yourself.

 

I hope (and am quite sure) you have a most excellent weekend.

 

 

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Came across this forum last night and saw this topic about Midland. Hopefully someone can give me some an insight what I should do. It seems a case was file 12/13/2015 against me by Midland through their attorney HUNT & HENRIQUES - JANALIE HENRIQUES.  And an OSC HEARING IS SET FOR 11/28/18. That's almost three years from now the filing date. The hearing is to show why sanctions should not be imposed for failure to file proof of service and failure to file default judgment.  I never received the summons and it shows on 12/31/2015 that it was returned not found/no service.  What can I do? I never received the summons. And I live in a different county.  I only knew about this when I went to visit my mom and she gave me this yellow document from a company offering to settle this case. I looked up the case and found this. Any help would be appreciated.  

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Came across this forum last night and saw this topic about Midland. Hopefully someone can give me some insight what I should do. It seems a case was filed on 12/13/2015 against me by Midland through their attorney HUNT & HENRIQUES - JANALIE HENRIQUES.  And an OSC HEARING IS SET FOR 11/28/18. That's almost three years from the filing date. The hearing is to show why sanctions should not be imposed for failure to file proof of service and failure to file default judgment.  I never received the summons and it shows on 12/31/2015 that it was returned not found/no service.  What can I do? I never received the summons. And I live in a different county.  I only knew about this when I went to visit my mom and she gave me this yellow document from a company offering to settle this case. I looked up the case and found this. Any help would be appreciated.  

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1 hour ago, lindalee said:

Came across this forum last night and saw this topic about Midland. Hopefully someone can give me some insight what I should do. It seems a case was filed on 12/13/2015 against me by Midland through their attorney HUNT & HENRIQUES - JANALIE HENRIQUES.  And an OSC HEARING IS SET FOR 11/28/18. That's almost three years from the filing date. The hearing is to show why sanctions should not be imposed for failure to file proof of service and failure to file default judgment.  I never received the summons and it shows on 12/31/2015 that it was returned not found/no service.  What can I do? I never received the summons. And I live in a different county.  I only knew about this when I went to visit my mom and she gave me this yellow document from a company offering to settle this case. I looked up the case and found this. Any help would be appreciated.  

Start your our post and people will give you a hand.

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On 10/19/2012 at 4:59 PM, ASTMedic said:

I used a general denial since the content of the complaint wasn't verified. This, in my opinion, gives the JDB very little to grab hold of if you were to use the wrong affirmative defenses. KISS method, you know. I tried to play as stupid as possible to keep from tipping my hand that I was building my army. Just remember do you really want to ask for docs that will only help build their case against you??

Thanks a lot for posting  this. I'm curious as to not bringing up any affirmative defences (Standing and lack of ownership in the original complaint) since they will see what you're asking for in discovery anyway. I think if they don't have real proof now they won't later either so why not kock this out sooner?

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44 minutes ago, WT COLLECTOR said:

I think if they don't have real proof now they won't later either so why not kock this out sooner?

You are replying to a post from 2012. In 2018 they have all the proof they need.

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31 minutes ago, Goody_Ouchless said:

You are replying to a post from 2012. In 2018 they have all the proof they need.

Please explain. Are the california rules that differn't now? the JDB doesn't need to prove they have standing or ownership of an account?

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56 minutes ago, WT COLLECTOR said:

Please explain. Are the california rules that differn't now? the JDB doesn't need to prove they have standing or ownership of an account?

The rules are not different the evidence IS.  When this thread was started 6 years ago JDBs purchased a pool of accounts based on a spreadsheet only with no supporting documentation.  That is because the purchase of the hard copy supporting records was expensive.  Today the records are digital and due to the courts cracking down on suits with no supporting evidence they now use affidavits and have the records to prove their case.  

It is no longer a cake walk to defend one of these suits as it was in the past.

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3 hours ago, Clydesmom said:

The rules are not different the evidence IS.  When this thread was started 6 years ago JDBs purchased a pool of accounts based on a spreadsheet only with no supporting documentation.  That is because the purchase of the hard copy supporting records was expensive.  Today the records are digital and due to the courts cracking down on suits with no supporting evidence they now use affidavits and have the records to prove their case.  

It is no longer a cake walk to defend one of these suits as it was in the past.

I see. I still have my doubts that they will produce an actual list showing ownership of any particular account from a large debt purchase. Perhaps that's wishful thinking on my part. Regardless, there are still rules for affidavits that must be followed correctly to enter them into evidence. My contention is that they didn't provide anything in the complaint to substantiate their ownership claim. They didn't include a bill of sale or assignment just a printout of the original account actions at time of last activity (in this case an Amazon bill). That still doesn't prove they own it.  But then again they might just have that we'll see. 

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3 hours ago, WT COLLECTOR said:

I still have my doubts that they will produce an actual list showing ownership of any particular account from a large debt purchase.

They will produce a VERY well and carefully worded affidavit to cover that.  This is not an area they over look anymore.

3 hours ago, WT COLLECTOR said:

My contention is that they didn't provide anything in the complaint to substantiate their ownership claim.

Not all states require this be attached to the complaint.  In many states you have to engage in discovery to get this information.

3 hours ago, WT COLLECTOR said:

They didn't include a bill of sale or assignment just a printout of the original account actions at time of last activity (in this case an Amazon bill). That still doesn't prove they own it.

Again you need to refer to your state law and the rules of civil procedure for your court.

3 hours ago, WT COLLECTOR said:

But then again they might just have that we'll see. 

They will.  You can bet on it.

3 hours ago, WT COLLECTOR said:

Perhaps that's wishful thinking on my part.

That is exactly what it is.

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