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What to do when you can't handle the case...


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Hello all. I have my case management conference coming up on the 28th. I have until monday to submit my CMC Statement. I Requested a BOP, when it was returned lacking, I sent a second request with a notice of intent to compel or exclude on the BOP. That was supposed to have been done on the 26th. 

 

I have been having work, and more importantly, medical issues that have precluded me from doing the research and work necessary to fight this. I am weary and don't know where to go from here. 

 

Option 1- leave it alone. Forget about it. Let them get a default judgement. Look into filing BK to get out from under my debts and try to move on.

 

Option 2- File motion to compel arbitration by JAMS. I would qualify for low income, easily, so all the expense would rest on them. Might scare them off as it's a $3800 debt they're suing for.

 

Option 3- File my motion to compel or exclude the BOP on monday when I file my CMC Statement. Continue fighting and try to figure out all this stuff. 

 

I know, you all can't give "legal advise, etc"... I'm just asking for personal opinion. What would you do? I feel like if I continue fighting this, I'll lose it anyway because I just don't have the wherewithal to learn all I need in the time I have, on top of trying to keep my business going and losing 2-3 days a week away from work and life for medical issues. When I set out to fight this I was determined, I thought I could do it. Now I just don't know.

 

So... what would you do?

 

Thanks.

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Option 4 contact a NACA attorney.

 

Option 5, and most important.....file a motion for continuance for 60 days due to medical reasons, make sure you present proof that you are having medical issues, like your doctors reports.

 

Also make sure you state that the Plaintiff should not be entitled to examine the medical reports, as they are private and protected by law.

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I like option 3.  If you can post all your details, the fine folks here will help walk you though it.  It will help you focus on the area you do need to study.  It is mostly procedural, and 90% paperwork.  You can do this, and we will help.

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Many people here have felt just like you do. There should be enough information on this site for you to defend your case if your feeling well enough to do so.

If you let them get a default judgement they will get everything they ask for and you will be making payments to them for years to come.

A collection action based on a court judgment has a 10 year statute of limitations. Judgments issued by a California Court are enforceable within 10 years from the date of entry into the court record.

BTO429 #5 looks pretty good.

"Option 5, and most important.....file a motion for continuance for 60 days due to medical reasons, make sure you present proof that you are having medical issues, like your doctors reports."

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@phoenix02

 

Before considering option #1, make sure that you qualify for Chapter 7 bk.  Be sure to check the bk exemptions. 

 

Also, do you have any other possible collection lawsuits in your future?  If you do, and if you qualify for bk ch. 7, it would be a viable alternative if you just want to get all of this over with and start over.

 

If this is the only collection lawsuit with which you will have to defend, it could depend upon how hard you want to fight and what the other party could do if they win.  That goes back to exemptions.  Can they garnish your wages?  How long does a judgment last?  Can it be renewed?

 

As BTO suggested, you could contact a NACA attorney.  You could also get a free consultation with a SEVERAL bk attorneys just to make sure you understand your state laws regarding judgments and bankruptcy. 

 

I wouldn't make any decision until I know all of the facts surrounding my options.   If it's going to take a little time to learn all of the facts, you might want to do as BTO suggested, and file a continuance.

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Okay, I think I'm going to go with option 3 for now and try to get this stuff written up and in by my deadline monday. I can always drop it and go the bk route later; if I do now, I'm stuck into that course of action before I can research it properly.

 

I can't file for an extension right now. My problem is that I don't have any doctoral info to supply. I've yet to see a doctor. I know, that sounds stupid, what with losing work and being so miserable and in pain, but I don't have medical and don't want to run up a major bill going to the ER, getting myself deeper in debt. I have applied for Medi-cal, and it looks like I should have no problem getting it- I'm just waiting on confirmation before I go in. I greatly dislike the idea of going in for medical help with no ability or intention of paying for it- people doing that is a big reason why the system is so broken. My debts are with me because of bad turns of event, not willfully running up debt with no intent to pay. If I went in to the ER now and run up a major bill, I would have no other course of action but to bk on it. This is unacceptable to me to go in knowing this.

 

As far as current debts, when business started falling off a couple years ago, which lead to the financial state I'm in, I owed around $6K in total on 4 cards. With fees and interest since 2010, this has ballooned to over $13K, including $2K that remains on the car I had to give up to repossession. So, there is the possibility of 4 other lawsuits eventually. SOL is up late next year on all debts if I can persevere until then. Or, hopefully, business will pick up and I can actually just settle it all and be done with it.

 

I currently don't have much in the way of holdings for them to go after. I own my woodworking business, but all the tools are old that I've purchased second hand. We own our house but just refinanced last year and owe pretty much what it's worth. My big concern, the only real reason I'm worried about them getting a default judgement is bank accounts. the business is a sole prop, so my worry is they could attach and pull the cash out of a bank account. Not that I have liquid cash, but my worry is that I normally get 50% up front on custom work. This money goes into my business account and is spent on materials, etc for the order. My nightmare is for me to get a good order, get a deposit, have a grand or 2 in the business account and the JDB pulls it out. I then don't have the money, I don't have the product to manufacture for the client, and I don't have the money to give back to them. This would sink my small business that runs mostly on word of mouth.

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 SOL is up late next year on all debts if I can persevere until then. Or, hopefully, business will pick up and I can actually just settle it all and be done with it.

 

 

 

 

BK as a very last resort (maybe if you lose a case). You can fight them and ride out the SOL. When business picks up, use the money to get back on your feet and grow the business, rather than make payments to a bottom feeder who purchased it for pennies on the dollar, from a bank that was already bailed out in the first place.

 

 

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The bottom feeder's can't just pull the money from your bank account without first getting a court order by you losing a case (or not responding to one). So if your account is in jeopardy you will know, and have some warning. If you lose a case (or maybe even if one is in trial) you will be buying supplies with legal tender and keep just a small amount in the bank.

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 I've yet to see a doctor. I know, that sounds stupid, what with losing work and being so miserable and in pain, but I don't have medical and don't want to run up a major bill going to the ER, getting myself deeper in debt. I have applied for Medi-cal, and it looks like I should have no problem getting it- I'm just waiting on confirmation before I go in. I greatly dislike the idea of going in for medical help with no ability or intention of paying for it- people doing that is a big reason why the system is so broken. My debts are with me because of bad turns of event, not willfully running up debt with no intent to pay. If I went in to the ER now and run up a major bill, I would have no other course of action but to bk on it. This is unacceptable to me to go in knowing this.

{/QUOTE]

 

Being in the health care field, I appreciate the fact you do not want to run your bill up when you can't pay. BUT depending on what is wrong with you, I think it is wiser to seek medical treatment sooner than later, especially if the problem has been going on for awhile.  So many times we get people who come in really sick, and if they would have sought treatment sooner, they would not have had to suffer, and the bill would have been actually less than it ends up being in the first place.  If it is pain issues, do you know what is causing the pain?  If you don't, you need to seek help.  An urgent care center is quite a bit cheaper than an ER.  If it is other symptoms, or you don't know what is causing the pain, you should be seen.  We treat people the same reguardless of their ability to pay.  

 

I am glad you chose option 3, you can win this.  Run your particulars by the board and I am sure you will get tons of direction here. :)

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My option 5 will give time to work on her option 3

 

Wish i could help more but i have eight ssi cases I am working on. Gotta love the ssi system.

Agreed, however she stated that she has no proof or would not be getting any (not seeing a doctor), but if she does; then 5 or 3 are good (or the same).

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I like option #3 also. Maybe you can use this to help.

there is more but this gets you in the zone and it is nicely formatted.
 
Never give up never surrender. you have a good opportunity to win, you have to do a little work in finding the arguments and caselaw. Most of the legwork has already been done. so know that you can win and just do that.
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and for the record 99% of people who answer feel that they cannot continue the case 90 days after answering but once you push through that barrier you can win. That literally means that every single poster has thought I can't do this, I will just give up, but they don't and they win and we laugh about the thread. I will be the first to post on this thread how funny that you gutted them like a fish but if they would have offered a settlement of 10% they could have won.

 

I believe that is why the JDB's file MSJ not as a legitimate motion but to rough you up some to make settlement negotiations go smoother.

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I believe that is why the JDB's file MSJ not as a legitimate motion but to rough you up some to make settlement negotiations go smoother.

Exactly. And there is a good chance that the defendant won't know what to do, allowing the bottom feeder to win without going to trial. When the defendant beats the MSJ (and won't settle) the jdb will usually dismiss (maybe not right away, but before trial).

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Option #5:

 

As I read OP's post, there is no mention of a trial date and as such, nothing to request a continuance for.  Just be sure to list on your CMC statement that discovery on ongoing and you are not in a position to agree to a trial date at this time.  And if plaintiff and/or the judge insists on setting one, ask for a date 6 to 10 months out to give you pleanty of time to study and research.

 

What Seadragon said could not be more accurate.  Most everyone feels that ways after they answer but a little studying each day and the task of beating them doesn't seem so daunting... remember, how do you eat an elephant?  One bite at a time.

 

There is a lot of great California help here, please use it if you decide to fight.

 

Good Luck,

 

rt

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Also, your Option #2:  If JAMS is in your alleged credit card agreement, you can opt for that.  I am no expert in arbitration but as I understand it, it would cost plaintiff 5 to 10K to go to arbitration.  Look up Linda7's posts, she seems to have done it successfully and her post have help a lot of people on that subject.

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The California folks here are great people. Cali is a very unique state regarding debt cases so I can't be of much help but I am willing to help in any way I can. You've got some greats on your side already. Don't be afraid to ask questions and trust their advice. 

 

I wish you luck in any option you decide on.

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Thank you for the encouragement. I spent pretty much the whole weekend in bed- I even missed Church, which is not common for me. 

 

Anyway, as a result, I don't have a CMC Statement to file, which is due today- 15 days before the CMC. Plaintiff filed theirs on the 2nd. The pass to get down to the courthouse is closed due to a brush fire anyway, so I'm not getting down there today. 

 

I'm working on the CMC statement and the motion to preclude or compel today. I'll get down to the courthouse in the morning and get it all filed. From what I've seen, a late filing of a CMC isn't the end of the world. It's a weak argument  but I'll also note if it's brought up at the CMC that I didn't get it in today because of the fire. If the court hadn't gotten cheap and closed the civil dept at my local courthouse I would get it in today, but I digress...

 

The CMC is scheduled for May 28th. I just called and got my motion to compel hearing set for June 17th. I'll get down to the courthouse and get it all filed and mailed off the the plaintiff tomorrow.

 

Thanks again, everyone!

 

-Phoenix02

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Thank you for the encouragement. I spent pretty much the whole weekend in bed- I even missed Church, which is not common for me. 

 

Anyway, as a result, I don't have a CMC Statement to file, which is due today- 15 days before the CMC. Plaintiff filed theirs on the 2nd. The pass to get down to the courthouse is closed due to a brush fire anyway, so I'm not getting down there today. 

 

I'm working on the CMC statement and the motion to preclude or compel today. I'll get down to the courthouse in the morning and get it all filed. From what I've seen, a late filing of a CMC isn't the end of the world. It's a weak argument  but I'll also note if it's brought up at the CMC that I didn't get it in today because of the fire. If the court hadn't gotten cheap and closed the civil dept at my local courthouse I would get it in today, but I digress...

 

The CMC is scheduled for May 28th. I just called and got my motion to compel hearing set for June 17th. I'll get down to the courthouse and get it all filed and mailed off the the plaintiff tomorrow.

 

Thanks again, everyone!

 

-Phoenix02

Better late than never. The bottom feeders are always late with stuff too. Don't miss anymore church, you need all the help you can get.

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 I've yet to see a doctor. I know, that sounds stupid, what with losing work and being so miserable and in pain, but I don't have medical and don't want to run up a major bill going to the ER, getting myself deeper in debt. I have applied for Medi-cal, and it looks like I should have no problem getting it- I'm just waiting on confirmation before I go in. I greatly dislike the idea of going in for medical help with no ability or intention of paying for it- people doing that is a big reason why the system is so broken. My debts are with me because of bad turns of event, not willfully running up debt with no intent to pay. If I went in to the ER now and run up a major bill, I would have no other course of action but to bk on it. This is unacceptable to me to go in knowing this.

{/QUOTE]

 

Being in the health care field, I appreciate the fact you do not want to run your bill up when you can't pay. BUT depending on what is wrong with you, I think it is wiser to seek medical treatment sooner than later, especially if the problem has been going on for awhile.  So many times we get people who come in really sick, and if they would have sought treatment sooner, they would not have had to suffer, and the bill would have been actually less than it ends up being in the first place.  If it is pain issues, do you know what is causing the pain?  If you don't, you need to seek help.  An urgent care center is quite a bit cheaper than an ER.  If it is other symptoms, or you don't know what is causing the pain, you should be seen.  We treat people the same reguardless of their ability to pay.  

 

I am glad you chose option 3, you can win this.  Run your particulars by the board and I am sure you will get tons of direction here. :-)

I just found this out, in the State of California it is illegal for medical debt to be reported to your Credit Report. I have many some from over 13 years ago and some recent it has never shown up. One was at UCLA for about an hour visit to the ER and they did nothing over 10,000 and that was 13 years ago.

If you need medical attention go get it. DONT WAIT! Please PM and I can tell you about some options depending where you live in California. If you are in the LA area VEnice has a lovely free clinic. AND yes it's free unlike the so called FRee Hopsital of which charged me 3,000 for an ER visit once again never showed on my credit report.

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Okay, I think I'm going to go with option 3 for now and try to get this stuff written up and in by my deadline monday. I can always drop it and go the bk route later; if I do now, I'm stuck into that course of action before I can research it properly.

 

I can't file for an extension right now. My problem is that I don't have any doctoral info to supply. I've yet to see a doctor. I know, that sounds stupid, what with losing work and being so miserable and in pain, but I don't have medical and don't want to run up a major bill going to the ER, getting myself deeper in debt. I have applied for Medi-cal, and it looks like I should have no problem getting it- I'm just waiting on confirmation before I go in. I greatly dislike the idea of going in for medical help with no ability or intention of paying for it- people doing that is a big reason why the system is so broken. My debts are with me because of bad turns of event, not willfully running up debt with no intent to pay. If I went in to the ER now and run up a major bill, I would have no other course of action but to bk on it. This is unacceptable to me to go in knowing this.

 

As far as current debts, when business started falling off a couple years ago, which lead to the financial state I'm in, I owed around $6K in total on 4 cards. With fees and interest since 2010, this has ballooned to over $13K, including $2K that remains on the car I had to give up to repossession. So, there is the possibility of 4 other lawsuits eventually. SOL is up late next year on all debts if I can persevere until then. Or, hopefully, business will pick up and I can actually just settle it all and be done with it.

 

I currently don't have much in the way of holdings for them to go after. I own my woodworking business, but all the tools are old that I've purchased second hand. We own our house but just refinanced last year and owe pretty much what it's worth. My big concern, the only real reason I'm worried about them getting a default judgement is bank accounts. the business is a sole prop, so my worry is they could attach and pull the cash out of a bank account. Not that I have liquid cash, but my worry is that I normally get 50% up front on custom work. This money goes into my business account and is spent on materials, etc for the order. My nightmare is for me to get a good order, get a deposit, have a grand or 2 in the business account and the JDB pulls it out. I then don't have the money, I don't have the product to manufacture for the client, and I don't have the money to give back to them. This would sink my small business that runs mostly on word of mouth.

Please PM me. I have had to deal with having health insurance and being sick and them not wanting to authorize surgery, and then getting kicked off it and then getting sick again. It is not your fault that your country doesn't seem to want to make health care affordable to you or make health insurance regulated. Please PM me I would like to talk to you about this. You as a sick person should not think of yourself as a burden to our messed up medical system in the US. Please go get help and maybe I can help you find some resources, I used to live in LA if you are in the LA area. I can help you with that aspect of this. I suffer from chronic pain and yes it's hard to deal with legal stuff and that at the same time.

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Well everyone, I'm still here. Dropped off for a while. I've missed this whole week- I got a whole lot worse monday and spent to day in the ER tuesday, they did a bunch of expensive tests and came up with nothing, sent me to county who sent me to a clinic to get a referral to a GI specialist. So, I've lost a week of work, feel horribly aside from the Norco I'm on ( I hope this all makes sense in light of that) and have no answers. THe referral process takes a month or two they say. Hey, maybe I can stagger into court for my CMC and get som epitty, who knows.

 

I haven't gotten anything filed yet. I've only eaten a half a serving of mashed potatoes in 5 days. ok, I'm rambling. anyway, I'll get stuff filed on monday, hopefully. better late than never, right?

 

thanks everyone, you're swell.

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Wow, sorry for that last post. The meds wore off for the most part now. I decided not to take them again for now so I can function and try to get stuff done. At least with pain I can still do things. :)

 

I suppose I waited too long for the motion to compel. I received a response today from H&H. It says it is further card statements and the card agreement, but there is NO card agreement and the statements run from 2/10 to 4/11, not nearly the whole life of the card. Since this is still an inadequate response to the BOP, should I still file the motion to compel as I had planned?

 

Thank you.

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 Hey, maybe I can stagger into court for my CMC and get som epitty, who knows.

 

 

 

I haven't gotten anything filed yet. I've only eaten a half a serving of mashed potatoes in 5 days. ok, I'm rambling. anyway, I'll get stuff filed on monday, hopefully. better late than never, right?

 

thanks everyone, you're swell.

 

 

 

The law is NEVER sympathetic, but when you are at the CMC; maybe you should bring up the health issue (and some paper work showing you went to the hospital & how many times) and ask for a continuance (of  maybe 6-8 months) Maybe the bottom feeder will get a picture painted that you are broke (judgment proof) & in poor health (not saying you are) and decide at some point to dismiss...

 

And yes, better late than never.

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