Collection question

[rta]

Here's the puzzlement. In my Northern California county, the filing fee for economic litigation/limited case (less than $10K) is $225, so $425 is applicable an amount over $25K. And the fee schedule is for California statewide. What's going on?

It doesn't have to be MIL dealing with all this, but I guess that leaves you.

I know that after filing an Answer, a defendant can immediately propound discovery on the plaintiff and demand all their paperwork. What they don't provide can be precluded from evidence at trial. When the trial date is set, send them a CCP96 asking for all their evidence that they plan to present at trial, and to name their witness(es), and lock them in on that. They will not be allowed to present anything else to surprise you.

All the papers and documents they provide are worthless as evidence UNLESS they get a CCP98 affidavit from a QUALIFIED person who will attest to the authenticity of these records. Mostly they can't because they're a JDB, not an original creditor. CCP98 also requires this qualified person to be available for subpoena 20 days before trial, and usually they are not. Then file a Motion in Limine 10 days before trial to strike down their CCP98 affidavit.

Sometimes they will try to file a motion for summary judgment and surprise you with a bunch of documents, but if you've requested these documents in your own discovery, and possibly with a bill of particulars, they won't be able to spring a surprise, although you'd have to fight the litigation.

There's probably a consumer rights attorney in your area. You might try consulting, at least. Since your MIL is already within their sights, the JDB would like nothing better than to get her default. In fact, they want you to default as it makes the job easier for them.

Best of luck.

[LadyInTheRed]

Here's the puzzlement. In my Northern California county, the filing fee for economic litigation/limited case (less than $10K) is $225, so $425 is applicable an amount over $25K. And the fee schedule is for California statewide. What's going on?

The complaint probably indicated they were suing for over $25k. Add interest, penalties, attorneys fees and costs of suit, and a $10K debt can become a $25K judgment pretty quickly.

[albacore44]

EXACTLY!!!! PLEASE stop dithering and file your MIL's answers, or have her file BK, period. This delaying while you and she figure out how best to answer, or NOT answer are doing your MIL a world of hurt, not help.

As my deceased MIL would bluntly put it: "either s***, or get OFF the pot!!"

Hey chill out...........and give Hub a big hug for me. i got 30 days to file the answers,by May 10th. I finished it up last night. I will probably drop it by the JDB'S office this week, the office is on the way home from work

[rta]

Hope you filed an Answer to the Complaint. Responses to discovery (interrogatories, requests for admissions, requests for production) are different. You don't need to send the responses early. It's best if you send your own discovery and ask them for their evidence: the original bill of sale from the Original Creditor to the JDB, original contract, itemized statements, etc. This really needs personal research, or using an attorney.

If you want more info, try creditinfocenter.com. It's got a lot of examples from real life cases that are ongoing. There's also debtorboards.com which discusses litigation and arbitration. You can find discovery responses that you might want to use, and you can also find discovery requests that you can send this JDB.

Good luck.

[rta]

I found a good thread at creditinfocenter.com which covers a lot of ground with good examples.

http://www.creditinfocenter.com/forums/there-lawyer-house/312280-up-against-cach-mandarich-violated-fdcpa-need-more-amo.html

They have lots more of this if you want to look it up. These debt collectors are sneaky and you need to stay one step ahead of their dirty tricks.

[LadyInTheRed]

Hope you filed an Answer to the Complaint.

Me too. albacore44, you said your mother-in-law was served with the summons on the day you started this thread, March 7. If so, the deadline for her to file a response has already passed.

[rta]

Just the same, if the plaintiffs haven't taken a default, MIL can still file an Answer. She just has to beat them to the punch. (hurry please)

[albacore44]

Me too. albacore44, you said your mother-in-law was served with the summons on the day you started this thread, March 7. If so, the deadline for her to file a response has already passed.

i will state this again. Case was filed against both Nephew and MIL. Nephew filed answer. MIL did not. Both received interogatories in the mail . He is answering his. We are answering ours. If it goes to court, i will have her play the 85 year old grandma with a failing memory game. she cosigned for this card 8 years ago. Hell i cant even remember what I did last year and i'm only 56.

[rta]

If your MIL hasn't filed an Answer, the other side could take her default. It's strange that they're sending interrogatories when she's not even in the case, officially.

You say she cosigned 8 years ago? Then the SOL is over and they shouldn't be doing this. Her Answer should contain an affirmative defense on SOL, though I believe it has to be timely filed (there's still time, I think). And you were talking about FDCPA violations? There are attorneys who take these cases, get the JDBs to pay your MIL the penalty, and then collect attorneys fees from these JDBs as permitted by law. It couldn't hurt to talk to an attorney who handles such cases.

[albacore44]

If your MIL hasn't filed an Answer, the other side could take her default. It's strange that they're sending interrogatories when she's not even in the case, officially.

You say she cosigned 8 years ago? Then the SOL is over and they shouldn't be doing this. Her Answer should contain an affirmative defense on SOL, though I believe it has to be timely filed (there's still time, I think). And you were talking about FDCPA violations? There are attorneys who take these cases, get the JDBs to pay your MIL the penalty, and then collect attorneys fees from these JDBs as permitted by law. It couldn't hurt to talk to an attorney who handles such cases.

Dont think the SOL applies. Nephew was making payments up to 2 years ago. he stopped paying. She co-signed so she is equally responsible for the debt. And we dont care about the FDCPA. We just want them to drop the case.

[LadyInTheRed]

I agree that the SOL didn't star running until default.

I will state this again: Your MIL needs to file a response to the complaint. She needs to do it before the plaintiff applies for a default judgment against her which could happen at any time. The nephew's answer does not help her. The plaintiff can get a default judgment against one defendant and continue the suit against the other.

[albacore44]

I agree that the SOL didn't star running until default.

I will state this again: Your MIL needs to file a response to the complaint. She needs to do it before the plaintiff applies for a default judgment against her which could happen at any time. The nephew's answer does not help her. The plaintiff can get a default judgment against one defendant and continue the suit against the other.

ohh well. Were not gonna pay a filing fee when its wasted money. shes collection proof, and its stated so in the letter i am sending.

[DaisysMom]

Playing devil's advocate here: But I'm curious, have you asked your MIL how she wants to handle this? My own mother is 84 and we discussed this thread. She is very similar to your MIL (about same income and savings) and she said that if she had co-signed she would have accepted the risk that comes with doing that. And if she could get out of it for a 50% settlement...all the better...rather than have her go to court and "play the the 85 year old grandma with a failing memory game." She wouldn't have wanted to spend her money this way, but when she voluntarily signed on, it was her choice and she would just do what was right. But then she added that the nephew would have a two page "honey-do" list so he would learn a couple good lessons too. Just my Mom's two-cents.

You know this is a perfect example for everyone who reads this thread.....of why you never, never, never co-sign for anyone.

Please don't be offended...

DM

[albacore44]

Playing devil's advocate here: But I'm curious, have you asked your MIL how she wants to handle this? My own mother is 84 and we discussed this thread. She is very similar to your MIL (about same income and savings) and she said that if she had co-signed she would have accepted the risk that comes with doing that. And if she could get out of it for a 50% settlement...all the better...rather than have her go to court and "play the the 85 year old grandma with a failing memory game." She wouldn't have wanted to spend her money this way, but when she voluntarily signed on, it was her choice and she would just do what was right. But then she added that the nephew would have a two page "honey-do" list so he would learn a couple good lessons too. Just my Mom's two-cents.

You know this is a perfect example for everyone who reads this thread.....of why you never, never, never co-sign for anyone.

Please don't be offended...

DM

as a matter of fact, yes, she originally wanted me to try to settle. Shes angry, scared, disgusted, and disappointed. And this isn't the first time she's bailed out that side of the family, but thats another story. She suggested we offer them payments. But she also doesnt want to drain he lifes savings either. i agree. She's collection proof. Let them eat dirt.

[GoingDown]

ohh well. Were not gonna pay a filing fee when its wasted money. shes collection proof, and its stated so in the letter i am sending.

as a matter of fact, yes, she originally wanted me to try to settle. Shes angry, scared, disgusted, and disappointed. And this isn't the first time she's bailed out that side of the family, but thats another story. She suggested we offer them payments. But she also doesnt want to drain he lifes savings either. i agree. She's collection proof. Let them eat dirt.

I agree!

I would follow up with a Cease and Desist Communications letter to them, to get them to stop contacting her and upsetting her.

No good can come from talking to them at this point.