HomelessInCalifornia

GOING TO TRIAL IN CALIFORNIA

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I'm trying to figure out if I reserve a date for a civil motion hearing in Riverside County Superior Court for a Debtor Examination if I have to pay the $60 fee or not.  I'm on Fee Waiver, but I don't see anything in that documentation about civil motions or hearing dates or debtor's exams.  It makes me nervous, because the online reservation system indicates all fees are non-refundable. I don't have $60 and I'm worried about pushing any buttons ... and the Judgment costs do not include an extra $60 to cover this if I charge it on a credit card.  Has anyone dealt with this?

 

Note: I did see on the Fee Waiver that in the event the Fee Waiver recipient wins Judgment, then opposition will be billed for all fees that would have been charged. Payment of such must be made or the court won't issue a Satisfaction of Judgment.

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Hey we are in the same county.Your lucky most of the clerks I get are not nice , let alone helpful.  On this I think you will have to eat it. This is what I will be turning in this Friday .  The letter you posted that goes on pleading paper(sorry yours is a lot better than mine) and forms you mentioned in this last post .

 
 

 

I sent them the judgement notice and have recieved no reply or check, past 30 days already  . So I had no choice but to put up more cash to make them pay me.

 

I don't think their is any way to get it back , I assumed their attorneys  are forcing  me to do this, so I can spend more money .

 

Just payback for what I did to them , to me I just want them to pay me . Just more proof for credit companies to remove the listing from credit report.

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Questions for a representative of a business in a Debtor's Examination:

 

Questions to Ask a Business:

1. What is the name of your business?

2. What is your business’ address?

3. What is your business’ telephone number?

4. How many employees does your business have?

5. How does your business pay its employees?

6. Where is the payroll office located?

7. How many contracts does your business have?

8. Who are those contracts with?

9. Where are your corporate headquarters?

10. How many companies does your corporation own?

11. Where does your business bank?

12. What are your business bank account numbers and present balances?

13. Does your business have any credit cards?

14. Is there any equipment or furniture at your business?

15. Are there any computers at your business?

16. Are there cash registers at your business?

17. Does your corporation own any vehicles?

18. Do you have outstanding account receivables?

19. Does your business own any stocks or interests?

20. Does your business have any investments?

21. What kind of profit is your business making?

22. What is your business’ gross salary? What is your business’ net salary?

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Are there any attorneys familiar with the Riverside County Superior Court who know how to order an exemplified copy of a judgment?  (There is an online service to order certified copies, and a public access site to order usual copies, but I see no way to order an exemplified copy, which is NOT the same as a certified copy or a usual copy. An exemplified copy has 2 original signatures from the clerk, plus the judge's original signature, plus an original stamp from the clerk's office.) Exemplified copies are a necessary component of domesticating a foreign judgment in a state participating in the Uniform Enforcement of Foreign Judgments Act and must be attached to an affidavit and filed for registration. I want to get this process started so I can get a writ issued in Colorado and have the Denver Sheriff serve the writ on CACH, LLC's corporate headquarters.

 

Also, I have found no template or example anywhere of an exemplified copy.  I'd like to see one so I know if I have to prepare anything for the court to issue an exemplified copy.

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I prepared a [Proposed] Exemplified Judgment.  A redacted version is attached.  If this is appropriate, I would insert a copy of the Judgment between pages 1 and 2 for the court to "exemplify."

 

I am not at all certain this is the correct procedure.  I could find zilch on exemplified judgments for Riverside County.

 

(REDACTED) PROPOSED EXEMPLIFIED JUDGMENT 072513.docx

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I prepared a draft of the Affidavit to accompany the Exemplified Judgment.  This is a truly crappy template for the Denver Courts that automatically takes in whatever name you type into the verification field and uses that to populate the Plaintiff field.  How freaking prejudiced is that???  Like the plaintiff is always going to be the Judgment Creditor?????

 

If anyone has better address and/or contact information for CACH, LLC in Denver, Colorado, I'd appreciate it. 

 

REDACTED JUDGMENT CREDITOR AFFIDAVIT.pdf

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Questions for a representative of a business in a Debtor's Examination:

 

Questions to Ask a Business:

1. What is the name of your business?

2. What is your business’ address?

3. What is your business’ telephone number?

4. How many employees does your business have?

5. How does your business pay its employees?

6. Where is the payroll office located?

7. How many contracts does your business have?

8. Who are those contracts with?

9. Where are your corporate headquarters?

10. How many companies does your corporation own?

11. Where does your business bank?

12. What are your business bank account numbers and present balances?

13. Does your business have any credit cards?

14. Is there any equipment or furniture at your business?

15. Are there any computers at your business?

16. Are there cash registers at your business?

17. Does your corporation own any vehicles?

18. Do you have outstanding account receivables?

19. Does your business own any stocks or interests?

20. Does your business have any investments?

21. What kind of profit is your business making?

22. What is your business’ gross salary? What is your business’ net salary?

Identify the persons who have signing authority on the business accounts.

 

Provide a current statement of any deposit or investment accounts that are held in the corporation's name.

 

Provide a complete inventory of all furnitures, fixtures and equipment - including computers.

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I have prepared a draft of a 2nd letter to include along with the Final Notice letter to collect on the judgment (previously posted).

 

Dear ______,

 

Please be advised that as of __________ __, 2013, pursuant to the Uniform Enforcement of Foreign Judgments Act, the final Judgment in the above-referenced action will be in the process of registration in the Denver District Court of the State of Colorado (in addition to the Judgment’s current standing in the State of California). 

 

In addition to collection efforts in the State of California, your client, CACH, LLC, shall be collected against in the State of Colorado and shall be liable for all costs thereof, in both States, including but not limited to all filing and documentation fees and issuance of writs and any and all costs related to asset seizure.

 

In addition, a debtor’s examination shall be scheduled in or about August 2013 in the State of California at the _______ County Superior Court, ____________(branch), and your client shall be required to provide a qualified corporate officer at said examination to provide information for collection purposes.

 

In advance, your client shall receive proper notification directed to your offices of the exact time, date, and place of said examination. As your client has represented an ability to provide witness within 150 miles of the place of trial, it is reasonable to expect production of a qualified witness for debtor’s examination in the same court and at the same location.

 

The current reference to said examination constitutes a courtesy advisement of an impending proceeding which your client may wish to avoid.

 

As per previous notification, your client has until August __, 2013 to make payment in full to me in the amount of $_______ at my address as given above or I shall immediately pursue all remedies available for collection.

 

Sincerely,

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You got me thinking about spending more money comment. I hope someone can chime in CCP685.090 TO CCP685.095?

 

Can someone confirm it , are we able to add the extra fee'?The form they did not sign for me is that where we can add these expenses to the final amount they need to pay ?

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You got me thinking about spending more money comment. I hope someone can chime in CCP685.090 TO CCP685.095?

 

Can someone confirm it , are we able to add the extra fee'?The form they did not sign for me is that where we can add these expenses to the final amount they need to pay ?

Yes. Sounds like you have to file a memorandum of costs on the additional costs.

685.090.  (a) Costs are added to and become a part of the judgment:   (1) Upon the filing of an order allowing the costs pursuant tothis chapter.   (2) If a memorandum of costs is filed pursuant to Section 685.070and no motion to tax is made, upon the expiration of the time formaking the motion.   (3) As specified in Section 685.095.   ( The costs added to the judgment pursuant to this section areincluded in the principal amount of the judgment remainingunsatisfied.   (c) If a writ or earnings withholding order is outstanding at thetime the costs are added to the judgment pursuant to this section,the levying officer shall add the amount of those costs to the amountto be collected pursuant to the writ or earnings withholding orderif the levying officer receives either of the following before thewrit or earnings withholding order is returned:   (1) A certified copy of the court order allowing the costs.   (2) A certificate from the clerk of the court that the costs havebeen added to the judgment where the costs have been added to thejudgment after a memorandum of costs has been filed pursuant toSection 685.070 and no motion to tax has been made within the timeallowed for making the motion.   (d) The levying officer shall include the costs described insubdivision (c) in the amount of the sale or collection distributedto the judgment creditor only if the levying officer receives thecertified copy of the court order or the clerk's certificate beforethe distribution is made.685.095.  When a writ is served by a levying officer or registeredprocess server, the costs for that service, as determined pursuant toSection 1033.5, shall be added to and become part of the judgment.

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I have prepared a draft of a 2nd letter to include along with the Final Notice letter to collect on the judgment (previously posted).

 

Dear ______,

 

Please be advised that as of __________ __, 2013, pursuant to the Uniform Enforcement of Foreign Judgments Act, the final Judgment in the above-referenced action will be in the process of registration in the Denver District Court of the State of Colorado (in addition to the Judgment’s current standing in the State of California). 

 

In addition to collection efforts in the State of California, your client, CACH, LLC, shall be collected against in the State of Colorado and shall be liable for all costs thereof, in both States, including but not limited to all filing and documentation fees and issuance of writs and any and all costs related to asset seizure.

 

In addition, a debtor’s examination shall be scheduled in or about August 2013 in the State of California at the _______ County Superior Court, ____________(branch), and your client shall be required to provide a qualified corporate officer at said examination to provide information for collection purposes.

 

In advance, your client shall receive proper notification directed to your offices of the exact time, date, and place of said examination. As your client has represented an ability to provide witness within 150 miles of the place of trial, it is reasonable to expect production of a qualified witness for debtor’s examination in the same court and at the same location.

 

The current reference to said examination constitutes a courtesy advisement of an impending proceeding which your client may wish to avoid.

 

As per previous notification, your client has until August __, 2013 to make payment in full to me in the amount of $_______ at my address as given above or I shall immediately pursue all remedies available for collection.

 

Sincerely,

Ohhhhhhh man do I like the 150 mile part. Bet that really sticks in their craw getting that shoved back in their face.

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UPDATE:

 

I went to the court today to file the Notice of Entry of Judgment.  After a 40 minute drive, I was told that the court had moved ... to within a few miles of my home.  *Grunt*

 

At any rate, I filed the Notice of Entry of Judgment and served it on plaintiff by mail and fax.  I also mailed and faxed the 2 letters I posted earlier.

 

If I do not receive payment by August 12, 2013 (giving plaintiff 10 days plus 2 extra, one for July 4th and one for a Sunday), then I will get the Judgment Exemplified and register it in the Denver District Court of the State of Colorado for collections at the Square Two Financial offices of CACH, LLC.  I will simultaneously schedule a hearing for Debtor Examination in California and notify plaintiff thereof.

 

I'm not expecting them to be smart and pay up.  I don't even expect them to show up for the debtor's examination, in spite of how the Superior Court of the State of California is going to feel about that.

 

I'll let you know when the Marshall's and Sheriff's Office of the State of Colorado have seized CACH's computers and furniture, and it is all up for auction. Make me an offer.

 

Or I'll let you all know when CACH's accounts are locked up pending audit and payout to me.

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^ That's great, stick it to 'em HinCA!

 

You started this thread just a few weeks before I joined the board and it's been educational keeping tabs on your progress. To now see you slapping the plaintiff around with the NEJ and warning them about a debtor examination is truly enjoyable. Best of luck!

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^ That's great, stick it to 'em HinCA!

 

You started this thread just a few weeks before I joined the board and it's been educational keeping tabs on your progress. To now see you slapping the plaintiff around with the NEJ and warning them about a debtor examination is truly enjoyable. Best of luck!

Hehe.  Thanks!  I'm hoping it helps others.

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I'll let you know when the Marshall's and Sheriff's Office of the State of Colorado have seized CACH's computers and furniture, and it is all up for auction. Make me an offer.

 

 

I'll give you $100 for their accounts they "own"

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I'm salivating at the thought of your judgment-debtor examination.

If possible and legal under California rules, record the examination by audio or video. Try and have the best equipment possible to accurately capture the testimony. Make sure you provide sufficient and timely notice of the audio or video examination.

Post the results on YouTube. :D

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HomelessinCalifornia....Congratulations on your impressive win!!  I just found your thread and have spent the last 2 hours thoroughly engrossed in your story and oh so awesome docs you've posted. I am really only in the beginning stages (working on a MTC for RFP as we speak), but I will be referring back to your thread many times I predict. As I do refer back,  I will "like" the posts as I go as you asked in an earlier post.

 

What you have laid out here is nothing short of  STUPENDOUS! I am quite serious :)) and it should be very helpful to many of us going down the same road.

 

I wish you the best going forward and hope things turn around for you. I have confidence they will. 

 

Jules757

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Very interesting stuff. Thanks for all the wisdom!

I truly hope it helps. :)

 

HomelessinCalifornia....Congratulations on your impressive win!!  I just found your thread and have spent the last 2 hours thoroughly engrossed in your story and oh so awesome docs you've posted. I am really only in the beginning stages (working on a MTC for RFP as we speak), but I will be referring back to your thread many times I predict. As I do refer back,  I will "like" the posts as I go as you asked in an earlier post.

 

What you have laid out here is nothing short of  STUPENDOUS! I am quite serious :-)) and it should be very helpful to many of us going down the same road.

 

I wish you the best going forward and hope things turn around for you. I have confidence they will. 

 

Jules757

Excellent.  I hope it helps. If I can be of any assistance, please do not hesitate to drop me a message.

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I've received a couple of inquiries about Opening Statements.  As I mentioned earlier, the one I prepared was not well received.  However, the judge did give me some advice about opening statements, and I know examples are hard to find.  So, I'm sharing a reply I gave to the most recent inquiry:

 

"I received a reprimand, however mild, for my opening statement.  The judge did not care for mine at all.  I would be doing you a disservice were I to post it or share it.

 

However, the judge did give me some advice on what an opening statement should be.

 

An opening statement is a general outline of the case and the deficiencies thereof.  it is a broad outline of what you feel the plaintiff's case to be and how you refute it.

 

For example, a common premise of an opening statement might be:

 

Your Honor, if it please the court, I would first ask the court to note that I am appearing in pro per and that I am not an attorney admitted to the bar nor have I studied law.  I ask the court's indulgence in advance. I first heard of this matter by way of Summons and Complaint served on me on ____ __, 201_. It is clearly apparent and shall be readily demonstrated that the evidence presented by the plaintiff is hearsay, lacks foundation, lacks authentication, lacks personal knowledge, and is inadmissible. It is further evident that plaintiff has in no credible way even demonstrated that plaintiff has standing to sue. Plaintiff attempts to enter into evidence documents created by a third party whose procedures and methods for ensuring accuracy are unknown to any witness plaintiff would attempt to present. Plaintiff is a junk debt buyer and has purchased the alleged debt. No history of business or relationship exists between Defendant and Plaintiff any time prior to commencement of this action. Plaintiff has attempted to circumvent the requirements of CCP 98 in order to shuttle into evidence documentation that is unsubstantiated and presents a case of hearsay based on hearsay. During impeachment, it will be shown to the court that plaintiff's witnesses are incompetent and unqualified. Should it be necessary, defense will demonstrate the many inaccuracies and discrepancies and misrepresentations inherent to all documents which plaintiff attempts to submit into evidence. Defendant has already denied the Complaint and requests that the Court direct plaintiff to first prove that it has standing to sue as that fact is in question and everything thereafter becomes moot.  Thank you, Your Honor.

 

 

That's a rough, and I'm not saying it applies to your case, as I don't know your case.  But you get the idea. :-)"

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I was really hoping I would be able to post good news today saying that I received that judgment check and that I was able to therefore pay off the one credit card I have. I was really hoping that I no longer had to pay $30/month that I am borrowing to make payments on that card, and that I could now use that money for luxury items, like soap, tooth paste, shampoo, and toilet paper. I really wanted to say that I received some form of compensation for the 4 months of full-time and work and sweat and worry I did on this bullshit case.

 

But I cannot say that.

 

Instead, I received in today's mail:

 

A ) A Notice of Motion and Motion to Tax Costs plus Declaration thereto and Memo of Points and Authorities.  Hearing scheduled for September 20; and

 

B ) An Amended Judgment from the court changing my award from $775.52 to $105.00.

 

The Memo of Costs was filed and served on June 24, 2013.

 

I thought that pursuant to CCP §685.090(a)(2) and California Rule of Court 3.1700( b )(4) -- as no Motion to Tax Costs had been filed within the allotted period of the service and filing of the Memo of Costs -- that the amount named in the Memo of Costs could not be taxed or adjusted.

 

I particularly don't know what to do as the Court hasn't even waited for the hearing and has already executed the Amended Judgment ...

 

The mugging continues.

 

I've attached redacted versions of the pleadings.

 

REDACTED NOTICE OF MOTION AND MOTION TO TAX COSTS.pdf

 

REDACTED AMENDED JUDGMENT FOR DEFENDANT.pdf

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According to Superior Court of California Riverside County Local Rule 1045:  "In cases where a party is entitled to costs because a motion to tax or strike a cost memo was not brought, such costs shall be deemed entered upon the expiration of the time for making the motion."

 

According to CCP 685.070©:  "

   (c) Within 10 days after the memorandum of costs is served on thejudgment debtor, the judgment debtor may apply to the court onnoticed motion to have the costs taxed by the court. The notice ofmotion shall be served on the judgment creditor. Service shall bemade personally or by mail. The court shall make an order allowing ordisallowing the costs to the extent justified under thecircumstances of the case.

Add 5 days for service by mail per CCP § 1013.

 

According to California Rule of Court 3.1700( b )(1):

 

(B) Contesting costs

(1)1pixel.gifStriking and taxing costs

Any notice of motion to strike or to tax costs must be served and filed 15 days after service of the cost memorandum. If the cost memorandum was served by mail, the period is extended as provided in Code of Civil Procedure section 1013.

 

 

 

Memo of Costs was filed on June 24.  Plaintiff filed and served Motion to Tax Costs on August 6.  How is this legal???!

 

 

 

I should NOT have to argue on a Motion to Tax Costs (or to beat the Judgment the Judge has now signed). 

 

If I do, the pertinent codes seem to me to be:

 

 

ALLOWABLE COSTS:

 

CCP 1033.5

( a ) (4) ( A ) Service of Process

( a ) (12) )Models and blowups of exhibits and photocopies of exhibits may be allowed if they were reasonably helpful to aid the trier of fact.

 

Not allowed:

( b ) (3)Postage, telephone, and photocopying charges, except for exhibits.

( c ) (1) Costs are allowable if incurred, whether or not paid.

( c ) (2)Allowable costs shall be reasonably necessary to the conduct of the litigation rather than merely convenient or beneficial to its preparation.

 

Discretionary:

 

( c )(4)Items not mentioned in this section and items assessed upon application may be allowed or denied in the court's discretion.

 

Riverside County Superior Court Local Rules

7101:  “All exhibits shall be typewritten or printed, or prepared by photocopying or other duplication process that will produce clear and permanent copies equally legible to printing.”

 

Definition of Exhibit:

 

Definition - Noun
1 a  : a document or object produced and identified in court as evidence
b  : a document labeled with an identifying mark (as a number or letter) and appended to a writing (as a brief) to which it is relevant
2  : something exhibited
3  : an act or instance of exhibiting

 

http://research.lawyers.com/glossary/exhibit.html

 

IN PRO PER DEFENDANT'S CANNOT CLAIM ATTORNEYS' FEES:

 

attorney's fee n. the payment for legal services. It can take several forms: 1) hourly charge, 2) flat fee for the performance of a particular service (like $250 to write a will), 3) contingent fee (such as one-third of the gross recovery, and nothing if there is no recovery), 4) statutory fees (such as percentages of an estate for representing the estate), 5) court-approved fees (such as in bankruptcy or guardianships), 6) some mixture of hourly and contingent fee or other combination.

http://legal-dictionary.thefreedictionary.com/Attorney%27s+fees

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If you're able to, put this on motion for a hearing.

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