jono

case management

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The case management is set for mid July , the plaintiff responded to the B O P with some printed statements but objected to numerous other requests . As I now have a letter from the OC stating I am not responsible for this account should I wait for the case management or send a letter to the plaintiffs attorney . The OC says they will inform and try to retreive the account from the collection agency who bought it , but I do not have any faith they will respond as no one BBB , CRA and myself could get any response from them . That said do you think I have time to wait to see what happens and do nothing , or should I take some action now?

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The case management is set for mid July , the plaintiff responded to the B O P with some printed statements but objected to numerous other requests . As I now have a letter from the OC stating I am not responsible for this account should I wait for the case management or send a letter to the plaintiffs attorney . The OC says they will inform and try to retreive the account from the collection agency who bought it , but I do not have any faith they will respond as no one BBB , CRA and myself could get any response from them . That said do you think I have time to wait to see what happens and do nothing , or should I take some action now?

 

 

You are required to meet and confer with plaintiff prior to the CMC and file a CMC statement 15 days beforehand. http://www.courts.ca.gov/cms/rules/index.cfm?title=three&linkid=rule3_725 (read all of chapter 3)

 

 I think the CMC is an excellent time to bring this up.

 

There must be a reason the OC sent you the letter.  Was there a mistake in records and the account is actually not in default?  Let us know and we will help you with wording in your CMC statement.  It will be difficult to get the JDB's attention.  It will not be difficult to get the Judge's attention.

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Thank you for the replies . This account goes back to when Chase took over WAMU . As you know California filed a lawsuit against Chase regarding accounts that transfered between I think 2008 2011 . The lawsuit states I defaulted with Chase in 2009 and the reply to the B O P has a statement from 2009 with an address that I did not live at at that time . As I have never had an account with Chase I contacted them to look into it. I received a call from Chase who asked a few questions , when I mentioned the CA lawsuit and that I thought this account pertained to it I was told you will pleased to know that we have investigated this account and it has been determined that you are not responsible for this account . They went on to say they would send me a letter stating the above, which they did .

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One other thing you mentioned I am supposed to meet and confer with the plaintiff . As I am 150 miles from the court and the plaintiffs office address is a lot more than that , how will this be possible?

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One other thing you mentioned I am supposed to meet and confer with the plaintiff . As I am 150 miles from the court and the plaintiffs office address is a lot more than that , how will this be possible?

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Thank you for the replies . This account goes back to when Chase took over WAMU . As you know California filed a lawsuit against Chase regarding accounts that transfered between I think 2008 2011 . The lawsuit states I defaulted with Chase in 2009 and the reply to the B O P has a statement from 2009 with an address that I did not live at at that time . As I have never had an account with Chase I contacted them to look into it. I received a call from Chase who asked a few questions , when I mentioned the CA lawsuit and that I thought this account pertained to it I was told you will pleased to know that we have investigated this account and it has been determined that you are not responsible for this account . They went on to say they would send me a letter stating the above, which they did .

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One other thing you mentioned I am supposed to meet and confer with the plaintiff . As I am 150 miles from the court and the plaintiffs office address is a lot more than that , how will this be possible?

 

 

You call them on the phone and ask for the lawyer on the pleadings.  When that person does not take your call, leave a message saying you want to meet and confer about the CMC.  When the call is not returned, you write a very quick letter saying you left a message to meet and confer about the CMC but your call was not returned.

 

THen in your CMC statement, you say you tried and plaintiff did not return your call or respond to your letter (attached).  Shame too, because you wanted to let them know they sued the wrong person.

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Well today two letters from the attornys .One a request for a court judgement and another a case management statement that states under other issues plaintiff requires court to continue with case management to allow entry of default judgement . then under meet and confer it says defendent  is in default and unresponsive .Considering that I have returned mail and two letters from the BBB who failed to get a response from thier clients , thats a bit rich . But any how what to do now ? I think tomorrow I will fire off the letter from Chase . And one more thing I would like to thank you all for your help in this as I am sailing in unchartered waters , but my resolve in this is stronger than ever and I will not give in to those crooks.

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Yes I did .I have a letter from the court stating filed. I just wonder as the lawsuit was found on our drive in Mar this year . It had on it an address that I lived at in another county about 8 years ago , also it was filed in that county July 2012, Nothing was ever sent by mail regarding the lawsuit.

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Yes I did .I have a letter from the court stating filed. I just wonder as the lawsuit was found on our drive in Mar this year . It had on it an address that I lived at in another county about 8 years ago , also it was filed in that county July 2012, Nothing was ever sent by mail regarding the lawsuit.

 

 

You say it is a "letter" to the court.  Is it really a letter or is it a pleading on numbered paper.  If it is a pleading, what is the exact title of the document?

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Its a copy of my answer that states its filed . I called the attorney up and was passed around to somebody who says the named attorney is in court .

I go on to tell him that I the BBB and Chase could get no response from their client and that I have sent a letter with a phone number from Chase that states I am not responsible for the account . He then tells me they have had no corrospondence from anybody , but they will review the letter and email me back . So I asked if they have never had any corrospondence how come they have my email , I knew they had because they emailed me a fake proof of service.

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