lolazu

Being Sued by Absolute Resolutions What to expect in court

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Hello,

 

I posted last year about having been served paperwork. We are being sued byAbsolute resolutions. This was a charged off debt to US bank of about $4900 back in 2016. I did file a response. However I did not know about filing a Motions in Limine, until it was too late. Thanks to @LoveIsPower For the info.

Our court date is Thursday the 23rd of January. I did pull all 3 credit reports and nothing even resembling this account is on them. Im not sure if I can use this as any evidence. I would just like to know what we can expect in court? My husband cracks under pressure and since this is only in his name, Im not sure if I'll be able to speak on our behalf.

 

THanks so much

Kelly.

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46 minutes ago, lolazu said:

I did pull all 3 credit reports and nothing even resembling this account is on them. Im not sure if I can use this as any evidence.

You can't. It's completely meaningless. A motion in limine almost certainly wouldn't have helped you either. 

Have they turned over any of their evidence? 

Did you make a CCP96 request? 

Is there any reason you didn't use arbitration for this? 

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Only what they sent us with the original paperwork that was served In May. Which were 2 photocopies of statements from 10/16/2017 and 5/16/2018 right before it was charged off. However the charge off doesnt even show on our credit. 

No I did not. I didnt know about this request until last week. Same with Arbitration. I was totally flying blind. 

Tomorrow at 3 Pm the Judge will post a  Tentative Ruling on the website. If we dont agree then we will request to go for Mandatory settlement conference on Thursday.

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What is the ruling based on? Just the two card statements? No other evidence? No testimony? 

How did you find out there was going to be a ruling? 

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I dont think they have anything else, honestly. It was really strange. We had absolutely no contact from them, only the summons. Ive attached the two notices that where in my court paperwork. I checked today and the tentative rulings are up for tomorrow.  

court 1.jpg

court 2.jpg

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2 hours ago, lolazu said:

If we dont agree then we will request to go for Mandatory settlement conference on Thursday.

Where did you come up with this?  The first page you attached says that you have to give notice of request for oral arguments by 4:30 the day before the tentative ruling, and if no request is made, the tentative ruling becomes the final ruling.  This is based on Local Riverside Court Rule 3316 which says the same thing.  Did you make a request for oral arguments before 4:30 today?  

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At the risk of sounding really dumb....Did I misunderstand the wording? I am understanding that the "Hearing" is when we go to court? That would be Thursday. Im assuming by the above comment that I am incorrect.

I did call today and left a message for the Judicial Secretary but, I did not receive a call back.

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I'm trying to figure out if you got a different notice that said you can reject the tentative ruling. I'm not from California so I'm out of my element on the fine details. Neither of the notices you posted state that you can reject the tentative ruling, but it is a little strange that they didn't clarify that the hearing will be vacated if you don't request oral arguments. 

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This is what Im understanding. Tentative rulings are up online by 3. If you object and want to present an oral argument...they must hear from you by 4:30pm or the tentative ruling becomes final. But its stated that it is a Mandatory Settlement conference, not an actual hearing.

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Oh, i see. When it said "day before the hearing", i thought it meant the tentative ruling. It does seem there are two different events;  a tentative ruling today and then a hearing tomorrow if you request oral arguments today by 430. 

This is a strange arrangement, considering it seems the court would be ruling with no evidence having been presented. It's entirely possible the court issues a tentative ruling in your favor today, and then Absolute asks for oral arguments. 

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No Tentaive Ruling was made. So I guess were going in for a mandatory settlement meeting tomorrow. I have no idea what to expect. 

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Settlement conference is just where the lawyer that shows up for Absolute will try to work out a deal with you. If arbitration is not an option, it might be worth it to see what they offer. 

The other option is to fight it out in court, but you'll need to make a CCP96 request (search this site for more info) in order to really have a shot at beating it. 

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Thats What I thought. Thanks so much for the clarification. I appreciate it more than you know. HAHA what are the chances they dont show?

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Im preparing all the last minute paperwork and CA has this wonderful  ca civil code section 1788.52. I wonder if I can still ask for them to provide the full account number and contract. From what this says. Probably not.

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1 hour ago, lolazu said:

Im preparing all the last minute paperwork and CA has this wonderful  ca civil code section 1788.52. I wonder if I can still ask for them to provide the full account number and contract. From what this says. Probably not.

Even in CA the courts know there is no contract in a credit card case.

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SO!!! The attorney that they sent was VERY green. Ran in at the last minute. NO paperwork at all. Had no idea what they filed or that we even answered. I asked for the account number, the contract or proof that they owned the debt. He said oh no they sent the statements, thats proof. I said no it isnt. There were 2 other attorneys in the waiting room and they were laughing and shaking their heads. I felt bad for the guy. One called him over and said this Judge doesnt mess around, today is trial and Mandatory settlement meeting.You dont have anything, you need to dismiss. So, he comes back and says well Im going ask the judge to dismiss the case because they arent answering me and they shoudve taken care of this. 

We get in court and he asks for a 90 day continuance. Then when we step out of the courtroom he says im sure this will be settled before the 90 days...Im pretty sure they'll drop the suit.

He also said that I should call them!. 

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Today was the trial? I thought it was only a settlement conference with the tentative ruling thing after that. That's a very weird system. I wonder if Absolute didn't realize that either. It doesn't make sense they would send a stand-in if they knew it was a trial. Anyway, you'll know one way or the other some time over the next 3 months. Crossing my fingers for you! 

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We thought it was really strange too. I really think they thought we werent going to fight it. Thanks so very much for all your help! 

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1 hour ago, lolazu said:

SO!!! The attorney that they sent was VERY green. Ran in at the last minute. NO paperwork at all. Had no idea what they filed or that we even answered. I asked for the account number, the contract or proof that they owned the debt. He said oh no they sent the statements, thats proof. I said no it isnt. There were 2 other attorneys in the waiting room and they were laughing and shaking their heads. I felt bad for the guy. One called him over and said this Judge doesnt mess around, today is trial and Mandatory settlement meeting.You dont have anything, you need to dismiss. So, he comes back and says well Im going ask the judge to dismiss the case because they arent answering me and they shoudve taken care of this. 

We get in court and he asks for a 90 day continuance. Then when we step out of the courtroom he says im sure this will be settled before the 90 days...Im pretty sure they'll drop the suit.

He also said that I should call them!. 

Hi @lolazu -- I'm going to ask @RyanEX to step in and offer some advice.  He is one of our most trusted California contributors.

Just remember that every state has different laws, systems, and steps to take.  California is, admittedly, very consumer friendly, but you must be careful to take the right steps.

I know we've had some conversations in your other thread, although, as you've said so before, you came at this a little late, and thus missed a few windows and useful tools.  Now that you have a continuance, you may be able to use some of those tools again (like the CCP 96 request that we talked about before).

On 1/21/2020 at 2:17 PM, Harry Seaward said:

A motion in limine almost certainly wouldn't have helped you either. 

@Harry Seaward -- the Motion in Limine/Objection in this case was to object formally that the Plaintiff had not presented a CCP 98 affidavit in lieu of live testimony, thus they had to bring a live witness in order to authenticate the few hearsay documents that they had provided.

In this case @lolazu missed the window for the CCP 96 request of her own, so we were flying a little blind.  It was recommended that she make a formal on the record objection with the MIL/Objection, but she missed that window also.

 

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1 hour ago, Harry Seaward said:

Today was the trial? I thought it was only a settlement conference with the tentative ruling thing after that. That's a very weird system. I wonder if Absolute didn't realize that either. It doesn't make sense they would send a stand-in if they knew it was a trial.

Yeah, Riverside county has some weird -- ahem ... different -- rules and quirks.  This is why it's important that you are well versed as to your local court rules.  You already downloaded a copy from the Riverside county courthouse, right @lolazu?

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I think that CCP 96 and CCP 98 deadlines apply to original court dates, not continued dates. From what I've seen, these JDBs rarely come up with anything new when these continuances are granted, they just use the time to try to get a settlement. If that's the case here, I would tell them to pound sand.

Prep an Objection (instead of calling it a Motion in Limine) to their alleged evidence. File it and serve it to them ahead of the continued date.

For future reference: you could have objected to their request for continuance. Trial dates are firm, and if they needed a continuance then CA code says they needed a serious reason to do so (plaintiff or plaintiff's lawyer became gravely ill just before the trial date, etc). And code says they should motion for it ahead of time, even just a day or two, not while standing there in court realizing their pants are down; their lawyer being unprepared/under-informed is not an excuse. But if you're not armed with the right code you can't object.

Rule 3.1332. Motion or application for continuance of trial

 

Quote

 

(a) Trial dates are firm

To ensure the prompt disposition of civil cases, the dates assigned for a trial are firm. All parties and their counsel must regard the date set for trial as certain.

(Subd (a) repealed and adopted effective January 1, 2004; amended effective January 1, 1995.)

(b) Motion or application

A party seeking a continuance of the date set for trial, whether contested or uncontested or stipulated to by the parties, must make the request for a continuance by a noticed motion or an ex parte application under the rules in chapter 4 of this division, with supporting declarations. The party must make the motion or application as soon as reasonably practical once the necessity for the continuance is discovered.

(Subd (b) amended effective January 1, 2007; previously amended effective January 1, 1995.)

(c) Grounds for continuance ...

 

 

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19 hours ago, RyanEX said:

Prep an Objection (instead of calling it a Motion in Limine) to their alleged evidence. File it and serve it to them ahead of the continued date.

@lolazu -- A few weeks ago I sent you (via PM) a few templates for MIL's to get you started ( @RyanEX is right -- it is best to call them "Objections" now a days in most counties -- you have to check the Riverside County Local Rules, just in case).  Please work on those and if you need help reviewing them, post your questions so we can help you iron them out.  

Please do not wait until the last minute.  I know the whole thing can seem overwhelming and scary, but putting things off and missing deadlines can truly hurt your case.

What did they the clerk tell you about deadlines for Objections/MILs?  By how many days did you miss the deadline?

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1 hour ago, LoveIsPower said:

@lolazu -- A few weeks ago I sent you (via PM) a few templates for MIL's to get you started ( @RyanEX is right -- it is best to call them "Objections" now a days in most counties -- you have to check the Riverside County Local Rules, just in case).  Please work on those and if you need help reviewing them, post your questions so we can help you iron them out.  

Please do not wait until the last minute.  I know the whole thing can seem overwhelming and scary, but putting things off and missing deadlines can truly hurt your case.

What did they the clerk tell you about deadlines for Objections/MILs?  By how many days did you miss the deadline?

One thing about the bold, even if the court has a deadline for a filing like this, a person absolutely still has the right to make objections verbally in court. Getting to know the objections by writing them up is helpful. Just as importantly, a written Objection served to plaintiff ahead of trial has the effect of communicating that a person does know how to beat them in court... and this is when they typically decide that they'll need to dismiss, IMO, (they don't like losing in court, they'd rather let it go and move on to lower hanging fruit).

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