HelpingGreg

CACH ANSWER DUE BY 10/03/14, CALIFORNIA, <$5,000.00 BREACH OF CONTRACT & COMMON CAUSES ON BOFA CREDIT CARD FROM YEARS AGO

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Thank you _so much_, SeaDragon!

I am already on page 3!

Weirdly, State Bar Search revealed ZERO in response to my searches in Monterey & Santa Cruz counties.

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I am thinking Greg has the best of friendship in you. I am thinking we may need a Spanish version of CIC. That way the word gets out to everyone. Google translate does a good job on the forums in French and Spanish. Just drop the browser url into translate and voilà.

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I just read this BOP and am CERTAIN an attorney will be greatly offended that someone so very socioeconomically inferior dares to question their complaint.

Is there, perhaps, some other form to use whereby I could, somehow, gather all the proofs against their every complaint and just submit it to the judge that way, rather than being confrontational?

For example, in our home disputes are stated, then, proofs are shared. We do NOT fight, squabble, bicker, argue, etc. If someone says, "E is the most common letter in the English language", and another says otherwise, we make note of the differing opinions and research the point to the edification of us all. For over the past quarter century we have said, "Let's find out!", rather than, "I don't know", (which is a forbidden phrase here at home).

Rather than what appears to me to be a sophomoric, "Prove it!", couched in legalize, I would rather present proof against each point of their complaint. It is just "the way I am". Is this a deal breaker in the process? I _really_ do not want to generate hostility & any avoidable negativity... it seems so much more civilized to show the reality in response to each of their incorrect points, rather than hoping against hope for them to do a series of 180s on their complaint.

Anyone feel me on this point?

Warmly,

 

 

 

It is expected that you will do discovery.  California does not require evidence to be submitted together with the complaint.  Therefore, the law allows you to ask for documents and other evidence.

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Please do Requests for Production and Admissions! They are always late responding, and you can do a Motion to Compel asking for sanctions. Since you are in California, you have the CCP 96/98 advantage regarding the appearance of their witness. They use Magic West most of the time along with Peter Huber. He never shows.

 

They will also try to introduce a forged affidavit that is supposed to be from Bank of America. Be on the lookout for Melinda K. Stephenson and her posse of robosigners! The affidavit is not admissible as it is: untrustworthy, not created in the course of regular business, unauthenticated.

 

Next you will be hearing from Peter Huber or Magic West. They claim to be familiar with Bank of America's records. File a Motion in Limine to preclude admission before trial. Also prepare motions to strike all evidence based on CCP, Evidence Code, etc. 

Don't be intimidated my Mandarich. I beat them this summer. They play dirty so look out! Keep all of your receipts from the Post Office. They will pretend you didn't mail things to them. Is Ryan Vos handling your case. If so, he is the best attorney from their office.

 

If it is Elizabeth Sutlian, she's a moron fresh out of law school. She throws in a bunch of irrelevant case law to try to confuse you. Research every case they site. They will call you as a witness at trial if they don't have any real evidence (most of the time!). Give them useless but accurate testimony. DON'T SETTLE!!! (unless you want to).

 

Sorry for the long rant! Hope this helps!

 

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 i To have the same issue, i just had been served yesterday 11/18/2014 from CACH , LLC  NEUHEISEL LAW FIRL ,LLC. they are sueing me for my credit debt of $1568.37the orignal creditor was HSBC .Sueing for attorny fees puruant to California civil code 17175

And for costs of suit incurred herem. So i consultated an attorny for 15 mins . he told me to fill out a PLD -050 General denial an lists some legal defensice along filling out a POS -030  By 1st class mail. so he told me the trick here is to have someone mail sign the POS - 30 ? is that how it is .

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No tricks involved. It is all a very delineated process. Just like a very stunning ballroom dance is broken down to a series of steps easily plotted out on the floor, your consumer law case can be broken down in a binder, with what to write & mail & file, as well as what case law applies, and what objections apply, all nice, neat and tidy, and, ready-to-roll under every contingency!

I asked on your thread, "What date were you served in-person?"

I will look for your answer there, and make further comment, too, e.g., never first class; always Certified Return Receipt Requested, or, USPS Priority Mail, which includes Tracking and envelope with mailing label for only $5.90, in my case.

Point being: NEVER just slap a stamp and mail ANYTHING case-related off; use the green card for return receipt requested on certified mail, if you want to go that route, or, Priority Mail, like me, among HomelessInCa and others...

ALSO:

Resist any temptation (s) to stuff more than (1) action per mailing & POS, the better to lessen opposition's ability to claim receipt of "only ... <whatever 1 out of however many other items mailed togather>... Just mail each item with its own POS and know that added cost bought you peace of mind. Worth it? Yes!

i To have the same issue, i just had been served yesterday 11/18/2014 from CACH , LLC  NEUHEISEL LAW FIRL ,LLC. they are sueing me for my credit debt of $1568.37the orignal creditor was HSBC .Sueing for attorny fees puruant to California civil code 17175

And for costs of suit incurred herem. So i consultated an attorny for 15 mins . he told me to fill out a PLD -050 General denial an lists some legal defensice along filling out a POS -030  By 1st class mail. so he told me the trick here is to have someone mail sign the POS - 30 ? is that how it is .

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POS 30, or, POS 40?

Without getting up to check, pretty sure mine was POS 40 & PLD 050, yes?

(without looking) The PHD 050 was the general denial, and POS 40 is the POS for the BOP demand. After the BOP demand you will use the POS 030 for further documents.

You don't have anything to worry about with your POS. Keep up the good work.

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@Anon Amos

@calawyer

@HomelessInCalifornia

@RyanEX

You know that point of law requiring the paperwork demonstrating standing be submitted with the initial complaint / summons?

Please, share the citation with me, please.

Thank you!

I spent the night reading the ENTIRE pinned thread on Standing, (and just put a similarly worded request in there a moment ago)...

In 1 hour I leave, but will be back 11ish, if all goes well.

Until then!

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Court served me with Notice of Mandatory Settlement Hearing.

Please, confirm or refute: Is that the same as Mandatory Settlement CONFERENCE?

[bEGIN COPY & PASTE OF PAGE 70, MONTEREY COURT RULES]

13 SETTLEMENT CONFERENCES

A. A mandatory Settlement Conference will be set by the Court approximately thirty (30) days prior to the trial date unless the Court determines that an earlier settlement conference shall be appropriate.

B. Unless otherwise ordered by the Court, at any mandatory Settlement Conference, all parties and/or principals with full legal and monetary authority to settle the case shall be in personal attendance. Insurance representatives shall have full authority to settle the case and shall be fully knowledgeable about the case.

C. Requests for telephone standby shall be approved only by the Judge. If telephone standby is approved, the requesting person shall be available at the agreed location until excused by the Court regardless of the time in that location. In any case where telephone standby has been approved, the Court may, in its sole discretion, continue the conference and order that person to personally attend.

D. Per California Rules of Court, Rule 3.1380© each party shall prepare, file and serve (5) five court days before the conference, a written statement containing the following information:

1. A complete description of the nature of the case and the facts in support of that parties contentions, including both liability and damages, and indicating those matters that are agreed upon or in dispute;

2. The legal contentions of that party with authorities in support thereof;

3. A listing of all alleged economic damages incurred and the basis therefore; and a statement of those

agreed to and/or in dispute;

4. All prior settlement offers and demands;

5. Any perceived impediments to settlement. Settlement Conference statements shall not ...

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@HelpingGreg

There's no law stating they have to attach proof of standing to the complaint.

They do have to prove standing however (unless unopposed) and you have a right to address it at anytime. It usually wouldn't be at a settlement conference however, but if you mentioned it there I wouldn't worry about it. Just be prepared to bring it up again at a later time.

Drive safe and take care...

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@HelpingGreg

There's no law stating they have to attach proof of standing to the complaint.

They do have to prove standing however (unless unopposed) and you have a right to address it at anytime. It usually wouldn't be at a settlement conference however, but if you mentioned it there I wouldn't worry about it. Just be prepared to bring it up again at a later time.

Drive safe and take care...

What he said ... no such law (at least in California).

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Well, in that case, I just screwed the pooch, royally!

I thought the HEARING was NOT the same as the CONFERENCE.

Dagnabbit!

Monterey Court Rules require 5 days of lead time... if this is the case, I needed to have my submission turned in LAST MONDAY!

I have no idea what the _sanctions_ will be! But, the rules say they are merited by not obeying the 5 day rule.

THERE SHOULD BE A RULE FOR THE RULE MAKERS AND SANCTION DOLERS: PICK A TERM, AND STICK WITH IT. HEARING, OR, CONFERENCE? Makes me no matter, just pick one and stick with it! I am arguing the differing terminology.

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The other point, regarding the laxk of standing is because I am irked at their audacity to demand from me what they belligerently refuse to supply in my BOP. I want to flay that sore point at every opportunity, including sticking it into answers where it seems a comfy fit.

Working like a buzzsaw!

Warmly,

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On-site it's been touted that standing is required to be attqched to the initial complaint, but JDBs do not provide it, and courts do not push the point. THAT is the point of law I am looking for. Or, is it just some assumed flit of the esoteric with no ink bled onto paper to codify it and make it REAL?

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@HelpingGreg

 

I've never seen it said that a JDB has to attach proof of standing to the complaint.   Perhaps it's required by the rules of a particular state, but in general, it's not required.

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