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Case management hearing tomorrow With Equable ascent financial.Please help I'm so worried


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1. Who is the named plaintiff in the suit?

equable Ascent financial

But just noticed the Plaintiff noted on their case management statement is Cavalry SPV? First time that name has been on anything. Same lawyer listed.

2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.)

Legal recovery law offices

3. How much are you being sued for?

Around 3600.00

Now 4400.00

4. Who is the original creditor? (if not the Plaintiff)

chase

5. How do you know you are being sued? (You were served, right?)

Served at home

6. How were you served? (Mail, In person, Notice on door)

My person at my residence

7. Was the service legal as required by your state?

Yes I believe so

8. What was your correspondence (if any) with the people suing you before you think you were being sued?

none

9. What state and county do you live in?

orange county California

10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations)

Not 100 % but I'm thinking around sept 2009

11. What is the SOL on the debt? To find out:

4 years in CA

3 years for Chase DE is 3 years

12. What is the status of your case? Suit served? Motions filed? You can find this by a) calling the court or looking it up online (many states have this information posted - when you find the online court site, search by case number or your name).

ROA Docket Entry Filing Date Document Select

15 CASE MANAGEMENT STATEMENT FILED BY EQUABLE ASCENT FINANCIAL, LLC ON 09/17/2013 09/17/2013 6 pages

14 E-FILING TRANSACTION 478576 RECEIVED ON 09/17/2013 01:56:13 PM. 09/17/2013 NV

13 CASE MANAGEMENT CONFERENCE SCHEDULED FOR 10/11/2013 AT 09:00:00 AM IN C63 AT CENTRAL JUSTICE CENTER. 08/28/2013 2 pages

12 NOTICE OF TRANSFER OF WEST JUSTICE CENTER CASE TO CENTRAL JUSTICE CENTER - ADMIN ORDER 12/7, EFFECTIVE 10/01/2012. 09/28/2012 2 pages

11 REQUEST FOR ENTRY OF DEFAULT (DEFAULT JUDGMENT PACKET) SUBMITTED BY EQUABLE ASCENT FINANCIAL, LLC REJECTED ON 09/19/2012. 09/19/2012 1 pages

10 PROOF OF SERVICE BY MAIL FILED BY MXxxxx,xxxxx ON 08/10/2012 08/10/2012 1 pages

9 PAYMENT RECEIVED BY FOR 173 - ANSWER OR OTHER 1ST PAPER <=$10K IN THE AMOUNT OF 225.00, TRANSACTION NUMBER 11198619 AND RECEIPT NUMBER 11022511. 08/06/2012 1 pages

8 ANSWER TO COMPLAINT FILED BY MXxxxx,xxxxx ON 08/06/2012 08/06/2012 2 pages

7 PROOF OF SERVICE OF SUMMONS FILED BY EQUABLE ASCENT FINANCIAL, LLC ON 07/10/2012 07/10/2012 2 pages

6 PAYMENT RECEIVED BY FOR 131 - 1 COMPLAINT OR OTHER 1ST PAPER PAPER IN THE AMOUNT OF 181.00, TRANSACTION NUMBER 11176523 AND RECEIPT NUMBER 11000415. 07/02/2012 1 pages

5 DECLARATION - OTHER (VENUE) FILED BY EQUABLE ASCENT FINANCIAL, LLC ON 07/02/2012 07/02/2012 1 pages

4 DECLARATION - OTHER (REDUCED) FILED BY EQUABLE ASCENT FINANCIAL, LLC ON 07/02/2012 07/02/2012 1 pages

3 SUMMONS ISSUED AND FILED FILED BY EQUABLE ASCENT FINANCIAL, LLC ON 07/02/2012 07/02/2012 1 pages

2 CIVIL CASE COVER SHEET FILED BY EQUABLE ASCENT FINANCIAL, LLC ON 07/02/2012 07/02/2012 1 pages

1 COMPLAINT (B&P 6322.1) FILED BY EQUABLE ASCENT FINANCIAL, LLC ON 07/02/2012 07/02/2012 5 pages

13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?)

No

14. Did you request debt validation before the suit was filed? Note: if you haven't sent a debt validation request, don't bother doing this now - it's too late.

No

15. How long do you have to respond to the suit? (This should be in your paperwork). If you don't respond to the lawsuit notice you will lose automatically. In 99% of the cases, they will require you to answer the summons, and each point they are claiming. We need to know what the "charges" are. Please post what they are claiming. Did you receive an interrogatory (questionnaire) regarding the lawsuit?

16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits.

With the summons was an affidavit of venue stating he is the attorney and proper jurisdiction.

Declaration of a fee reduction for themselves

Complaint for money - few pages where is states Chase (wamu) as original creditor and last four number of account. they state last payment October 30 2009

first cause of action- breach of contract

Second cause of action-account stated

====================================================

I'm not sure what to bring tomorrow or what to do at this point. can I go for my husbands hearing in his place as he might not be able to get out of work...

A few other things, they sent me someone's else information that had a close name to my husband that said verification of debt. It had different case number, different plaintiff , diff amount due etc. I randomly received this in the mail a few weeks ago by Same people...

They also photocopied a chase visa agreement and a bill of sale that has chase selling to Hilco with a few signatures none of which our any we recognize.

We asked for information showing that this debt is our and a BOP in which we got a response stating " plaintiffs complaint alleges breach of contract and account stated as cause of action. As such it is plaintiff position bill of particulars is inapplicable to plaintiffs cause of action"

They quote Ca civ. proc 454 and state a Bop is not appropriate in an action on a account stated because an account stated is deemed to merge the various items on which the earlier accounts were based. Ie nothing left to itemize.

Ugh don't know what to bring or even do. Please help

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It's ok, many have been where you are. The fact plaintiff can't even keep his cases straight will only help you.

Unless you are listed as a defendant, then no you cannot appear for him. The most you will be able to do is the leg work for him, but as the case goes on he will need to understand what your doing.

Did you file a case management form? If not I would fill it out and fax it if your case is tomorrow. Basically it is a short conference asking if you have reached an agreement. You tell the judge no, and life goes on.

So one step at a time. Here is a link to the form you need for the case management hearing.http://www.courts.ca.gov/documents/cm110.pdf

You can tell the judge you need to do some discovery as you don't know who is suing you, or even if they have the right party. They are sending you paper work with other peoples name on it, and now there is a different plaintiff listed on your cc hearing statement from them. That should make them look bad in court. ;)

Fax your case management form to the attorney too.

When that is done come back and we will help you fight.

You will want to mail a meet and confer about your bop demand, and send off some other discovery. We will help you do that.

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I'm not sure if we replied to all these documents they sent on 9/20/12

Written interrogatories

Request for inspection and production of documents

And request for admission

All these documents they are asking for look scary.

Oh no. You need to post them, we can help you answer. You only have 30 days to send them back, so post them. It would also be helpful if you post the complaint, and how you answered it.

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Confusedmom, just to let you know these clowns are beatable.  They are unorganized and many times get their facts confused with other cases.  I just had a case dismissed by the same plaintiff and attorney. Keep on them,  meet your dealines. 

 

I met and conferred twice for the BOP.  They tried using the same line on me regarding BOP not applicable.  For breach of contract it most definitely is.  After they failed to respond to my second meet and confer letter I scheduled a motion to compel BOP.  The day of the hearing, they dismissed the case!

 

Respond to their discovery before the deadline.  Write your meet and confer letters and then schedule a motion to compel.  They usaully cower and run like whipped dogs.  Keep at it.  Keep reading and researching in this forum.  Many members here are knowledgeable and are willing to help.

 

Ive had this  same account dismissed twice by the same LRLO clowns....YOU CAN DO IT!!!!

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You'll be alright, the Case Management Conference is scheduled so that the court can make sure things are proceeding smoothly in the case (all parties have been served, make sure there are no issues in the case so far).

 

I've been thru the CMC here in California, it was easy and very brief. I was in front of the judge with the opposing attorney (a contract lawyer the plaintiff hired solely to cover the appearance). It lasted 5 minutes. It's not a big deal, but it is your husband's first appearance before the judge, make a good impression > dress nicely, be confident etc. He should take a notepad so he can write down anything of value the judge might say. My judge made me aware of my options (settlement, default, fighting the suit) and asked what I wanted to do. He actually gave me some advice on how to fight/prepare. After that he set the trial date and discovery cut-off then sent us on our way.

 

* edit: I see it is your husband that is named in the suit. I changed the post accordingly.

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Deep breath.  Let's take care of first things first.

 

The CMC is a very routine hearing.  Shellia is correct that you can't appear for your husband.  But he  will only be in front of the judge for about a minute.  The judge just wants to make sure that all parties have filed answers to the complaint and that there are no issues about service, etc.

 

I agree that saying something along the lines of needing to do discovery because they refused to respond to your BOP, they have sent  you papers with other peoples name on it, and now there is a different plaintiff listed on your CMC statement.  That is all he will need to say.

 

Post again tomorrow after the hearing and we will help you respond to the meet and confer letter about the BOP and answer your discovery.  Actually, plaintiff's failure to respond to your BOP is helpful as is the confusion about the plaintiff's identity as that will help you object to plaintiff's discovery.  See 1111girl's thread for more details.

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Wow thanks so much for help! I have spent hours and hours looking at what to do only to feel pretty helpless and ignorant:(

I am going to fax the form you linked now and also to the attorney.

Looks like I will go and support the hubby tomorrow if he has to be the one doing it as I am not listed being sued.

On their case management statement a few things I had questions about.

1.They checked the box for a non jury trial is that normal?

2. They checked the box they are willing for an early settlement conference on 12/8/2013. This means nothing?

3. Under the discovery portion they have 3 items with the date of 12/8/2013 interrogatory request, production of documents and deposition saying they will be completed.

4. They also checked the box -the parties have met and conferred with all parties on all subjects required by rule 212 of the California rules. They state, plaintiff has been unable to resolve any issues with defendant and is preparing for trial.

I am organizing everything and found my husbands response to documents , looking over them it seems like regular denial and proof of debt but with lots of words ><. I know I gave him the info from everything I read here when he responded hopefully it looks good. I'm going to scan and attach for anyone willing to help.

Do I need to have any documents ready or answers ready for tomorrow? I'm worried we will get blindsided by something.

I can't give up ....I lost my business and now stay at home with my 3 little ones . I have to win this I will do whatever it takes to help my husband so any help is greatly appreciated. this site is amazing and has given me a lot of information but some is in a lot of lingo I don't understand or big legal terms that make me nervous.

edit: saw the posts with the info after I posted , thx. Will post tomorrow after hearing.

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Welcome,

 

Don't worry...take a deep breath.....you're in good hands especially with CIC members willing to help. No you don't have to have those documents by tomorrow.

 

EAF is beatable, I know.. Helped my spouse beat them just earlier this year. They play dirty but if you do your part you can beat them. Since the complaint says Breach of Contract send out a BOP-this is an accounting (all statements from $0 bal to the alleged amt). EAF will try to object on the grounds of Account Stated (the other common count) but don't let them fool you....because they are also suing on Breach. Their main strategy will be on Account Stated so don't get distracted.

 

Once you see what they provide for BOP, then move on to your own discovery. Keep a Calendar of when things were sent by you, when things are due back to you or due back to them. You don't want to lose base on technicality. If you haven't already keep a binder with tabs of things ie: summons/answer, bop/bop response, Plaintiff's discovery, Defendants Discovery, Meet & Confer letters, Motions, etc...this will make things easier to find when you need to.

 

When you get stuck....or just need encouragement...post it...we're all here to help...

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Wow thanks so much for help! I have spent hours and hours looking at what to do only to feel pretty helpless and ignorant:(

I am going to fax the form you linked now and also to the attorney.

Looks like I will go and support the hubby tomorrow if he has to be the one doing it as I am not listed being sued.

On their case management statement a few things I had questions about.

1.They checked the box for a non jury trial is that normal?

 

Yes.

2. They checked the box they are willing for an early settlement conference on 12/8/2013. This means nothing?

 

The court often orders a settlement conference whether the parties want one or not.  You don't have to settle if you don't want to but it is usually best to agree to attend the conference.

3. Under the discovery portion they have 3 items with the date of 12/8/2013 interrogatory request, production of documents and deposition saying they will be completed.

 

That is probably discovery that they are going to serve in the future (or they are saying they will serve) unless you have received it already.

4. They also checked the box -the parties have met and conferred with all parties on all subjects required by rule 212 of the California rules. They state, plaintiff has been unable to resolve any issues with defendant and is preparing for trial.

 

 

Hmmm.  Is that true?  If not, I would not mention it unless the judge asks whether it is true.

I am organizing everything and found my husbands response to documents , looking over them it seems like regular denial and proof of debt but with lots of words ><. I know I gave him the info from everything I read here when he responded hopefully it looks good. I'm going to scan and attach for anyone willing to help.

Do I need to have any documents ready or answers ready for tomorrow? I'm worried we will get blindsided by something.

 

 

No.  Get there early and watch the other CMCs before yours.  It is very routine.  THe only other thing that might happen is that the Court might set a trial date.  Bring your calendar to make sure that day is OK for you.  Also, ask that it be about 6 months from now so you can file a motion to compel if necessary and do any follow up discovery.

 

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So you guys were right about it being very fast to say the least. Judge seemed very nice and polite , we were number 10 of 12 people that EAF was going after. they had one woman there acting as their attorney for all 12 not even the same person listed on any paperwork. The judge literally asked each of the defendants "is July xx 2014 date acceptable?" And a yes or no answer -boom it was done. Didn't even have the thirty seconds to tell him how disorganized they are....

Will get paperwork uploaded as I am not sure my next step. They sent us a response to the request for BOP ....I need to take everyone's advice and this weekend I am organizing everything in a binder. Thanks so much can't wait to stick it to them now

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JDBs are clogging up the system with these lawsuits, I think it is normal for a trial date to be set that far out - it depends on the particular court and their schedule. Mine was set only 4 months out; the JDB's contract lawyer asked for 10 months and the judge practically laughed, said they didn't need that much time and set the date. The JDB usually doesn't send one of their lawyers to the CMC, sometimes not even the trial, they farm it out to contract lawyers - it's cheaper for them I guess.

 

I'm in Southern CA and I looked up court cases/filings from my particular JDB for Northern CA and found the same small collection of names all over those cases as well. I doubt the names you see on your complaint ever go near court for this stuff, they're at their office cranking out the suits. I doubt they even sign all of these complaints themselves either, probably have people on payroll that handles it for them.

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So you guys were right about it being very fast to say the least. Judge seemed very nice and polite , we were number 10 of 12 people that EAF was going after. they had one woman there acting as their attorney for all 12 not even the same person listed on any paperwork. The judge literally asked each of the defendants "is July xx 2014 date acceptable?" And a yes or no answer -boom it was done. Didn't even have the thirty seconds to tell him how disorganized they are....

Will get paperwork uploaded as I am not sure my next step. They sent us a response to the request for BOP ....I need to take everyone's advice and this weekend I am organizing everything in a binder. Thanks so much can't wait to stick it to them now

 

 

And now you have the first court appearance under your belt.  Doesn't that feel good?

 

Now we can address the BOP.  You will want to respond to plaintiff's letter.  Did it cite the Distefano case as a reason not to respond?

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Excellent, He survived first contact as my military friends would say. working the BOP before discovery will also help him wet his beak. He needs to read a lot of the posts to understand so he isn't reading from a script all the time in court. You have done solid so far, good job. Teamwork helps as both of you will think of things during the day, make a little "law firm" meeting between you two everyday to update the strategy.

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