Pending CMC in California and lost - please help!

[caligal88]

Thanks to everyone for donating your time in this forum. It's helped me start the process of defending myself, but I'm completely lost now. The search function of the forum gives me zero search results, so I'm sorry if I'm asking questions already posted. I appreciate all of you! So far, I've submitted my general denial and mailed it out with the BOP with the POS. The CMC is now scheduled as well. What are my next steps? What am I expected to provide at the CMC?  

Thanks in advance for your replies. This is very stressful and I feel extremely overwhelmed to the point of wanting to file for bankruptcy. I've lost my job and finding work is tough right now. 

1. Who is the named plaintiff in the suit?  Capital One Bank (USA) 

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

4. Who is the original creditor? Same as plaintiff

5. How do you know you are being sued? Served 

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

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

8. What was your correspondence (if any) with the people suing you before you think you were being sued? None. I moved around a lot, so mail was an issue. 

9. What state and county do you live in? California

10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) Jan 2014 - approx. 

11. What is the SOL on the debt? Unsure

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). Suit filed. I've submitted my general denial and mailed it out with the BOP with the POS. The CMC is scheduled.

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?  30 days to respond;

1. Account Stated  
2. Open book
No other questionnaires, statements, agreements, or documents provided. 

16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. Only one exhibit stating that I am not registered in the armed services. 

[sadinca]

sorry if my input is not very helpful but i have no much experience with CMCs since i never had one. but i think you need to file a Case Management Statement. i believe its a court form. 

the search function here is now hard to utilize but if you google "Case Management Conference" or anything else for that matter and add "credit info center" google will populate a ton of information from this site. 

 

ASTMedic

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Posted October 10, 2012 · Report post

pegasuscolt said:

Thank you both for your help. Hopefully the meeting won't be as bad as I anticipate it to be.

I was in full tilt freak out mode going into mine. I had only been in a court house 1 or 2 times before and I think it was to pay a ticket. The CMC is super mellow. They're just checking to see if everything is on track. The JDB lawyer at mine was the most typical rent a lawyer you could ever find. His sport coat was so wrinkled it looked like he pulled it out of a plastic bag just before walking in the courtroom. They might try and push the trial back. I think this is in hopes you will forget something and they can use that. If you have the time go sit in on a CMC and you'll see how simple it is.

[sadinca]

you mentioned filing a general denial as well as serving a BOP. 

what was the product of the BOP?

how long ago did you send it?

did plaintiff responded to your request? if so what was the evidence submitted?

 

[RyanEX]

You'll need to file & serve plaintiff a case management statement at least 15 days prior to your CMC date.   It's straightforward for the most part, just post any questions you have about it.

http://www.courts.ca.gov/documents/cm110.pdf

CMCs are a pretty simple affair. Judge asks if things are working out okay for both sides (has everyone been served?, any discovery issues?, etc). Then the judge sets a trial date. Most people are in and out in 5 minutes.

[caligal88]

@sadinca - Plaintiff still has some time to respond to BOP. I sent it las week. Thank you for the advice and tip! 

@RyanEX - Thank you for the clear instructions! Waiting on response from BOP and will seek your advice when I get it. 

Thanks for responding during the holidays! I’ve been losing sleep and appreciate your help! Happy Thanksgiving! 

[sadinca]

This can be really stressing at first, but the more you read and learn you will know that they are beatable. Don't lose sleep over this,  Read older threats learn and you will be more at ease. lots of people have come up on top, you can too

[caligal88]

I just past the 15 day mark and still have not received anything from the attorneys regarding the BOP. I've confirmed that they did receive the BOP via USPS tracking. From what I gather, my next step is to send them a meet and confer or do I need to send a motions to compel? My CMC meeting is coming up and I want to be prepared. Any advice?  @sadinca @RyanEX @calawyer

 

[sadinca]

if i remember correctly CCP mandates the serving of a Meet and Confer letter prior of moving the court to compel. 

keep in mind that preparing for a motion can be very involved and time consuming.  to start with, look around for M&C letters and samples round this site. 

[caligal88]

Thanks @sadinca! I am drafting a Meet and Confer letter to send out tomorrow. Feel super overwhelmed, so thanks for your input! 

[calawyer]

There is a specific requirement to meet and confer in each of the sections about Interrogatories, Requests for Admissions, and Requests for Production of Documents.  No such requirement is found with respect to a BOP.  However Judges like to see that you have tried to resolve a problem before filing a motion and it is a good idea to do so with respect to a BOP.

 

Remember, Plaintiff gets 5 extra days to respond if you served your BOP by regular mail.  And, even then, Plaintiff only has to deposit the response in the mail on the 20th day.  I suggest you wait about 25 days before you conclude that no response has been served.

[caligal88]

@calawyer - Thanks for your input! I will send out a meet and confer on the 25th day! 

[caligal88]

The law firm sent me a meet and confer letter asking me to call the office within 10 days. The letter does not state anything else and they still have not responded to my BOP. I am sending them the meet and confer today. Do I need to call the plaintiffs attorney's office? I would rather deal with the attorney in writing...

[calawyer]

You don't have to call them.  But I would.  If it is just an offer to settle the case, politely tell them that you would prefer all settlement communications to be in writing.

[caligal88]

Noted. Thank you @calawyer! I received a copy of their Case Management Statement today as well. They requested the trial be set at least 150 days out to allow time for meaningful settlement discussions and proper preparation. 

[calawyer]

19 hours ago, caligal88 said:

Noted. Thank you @calawyer! I received a copy of their Case Management Statement today as well. They requested the trial be set at least 150 days out to allow time for meaningful settlement discussions and proper preparation. 

150 days should be OK with you.  But bring your calendar to the CMC to make sure trial is not set on a date that is inconvenient.  It is so easy to tell the Judge that at the CMC but it can be a huge pain to do it afterward.