Sciarratta: Harm occurs when an entity without Standing Forecloses. — Livinglies’s Weblog

“The borrower owes money not to the world at large but to a particular person or institution, and only the person or institution entitled to payment may enforce the debt by foreclosing on the security.” “[O]nly the entity currently entitled to enforce a debt may foreclose on the mortgage or deed of trust securing […]

via Sciarratta: Harm occurs when an entity without Standing Forecloses. — Livinglies’s Weblog

How to deal with debt collectors

How to deal with debt collectors is the topic of this blog post.

The first lesson in how to deal with debt collectors is that you need to remember that you should never assume that any debt is valid or even collectible until you have both verified the debt and confirmed that the debt is still collectible.

The reality is that due to the statute of limitations debts can become unenforceable e because the creditor or the debt collector waited too long.  The law recognizes the statute of limitations as a legitimate defense because the account owner or creditor has given up the legal right to file any lawsuit against you for the debt.

Sometimes, accounts that appear legitimate are invalid or cannot be collected for other reasons. So, it important not to assume the debt collector is right. Always demand proof of the obligation to make sure this is a legitimate debt that can be lawfully collected.

You should never trust the math calculations used in arriving at the total amount that a creditor or collection agency says you owe. Calculating proper interest and penalties can be intimidating if you have never done it before but it is not impossible. If you take the time to properly calculate the interest and penalties you have a good chance of catching the creditor or collection agency lying to you regarding how much debt you really owe including any additional charges which may or may not be authorized under the contract.

Any debt collector that misrepresents a debt may be violating both federal law and state law.  If you catch a debt collector or collection agency violating your rights you can use that as leverage to settle your debt for a lower amount than you may actually owe.  Always do the math! Always!

Another important issue is that you should always demand that any debt collector or collection agency show you the contract.  In other words always make them prove it! No exceptions.  This test is simple but you will find that many times they have no documents whatsoever to prove that you owe anything.  Always demand that they produce all documents showing that you owe the debt as soon as you can, and as often as you can. Never take anything that a debt collector or collection agency tells you at face value.

Never ever assume that any documents that a debt collector or collection agency sends you as proof is really accurate. Go over any documents that they send to you with a fine tooth comb and carefully examine and calculate the amount of the debt that they claim that you owe.

Never negotiate with a debt collector or collection agency until you are completely satisfied that the debt is both valid and accurate.

A surprising number of debt collectors and collection agencies violate the law by using abusive and unlawful debt collection practices. Always take written notes when they call and keep a detailed log of all conversations and all written communications with anyone.

Keep a record of the date and time they call, what demand or threat they made with each call and how the call ended. For example, record the debt collector threats to take some action, like suing you, reporting the account to the credit reporting agencies, talking to your friends or neighbors, threatening arrest or harassing you until payment is received.

Always protect your assets and never make yourself and easy target for a debt collector or collection agency as some will overlook important consumer protection laws to get at funds in your bank accounts, or, in cases of student loans, intercept tax refunds.

Do not allow that to happen and never give a debt collector or collection agency any information regarding your bank account either by sending a check or providing them with your bank account information.  Otherwise they may try to use that information to garnish your wages and you would not be notified until after the wage garnishment started in most states.

The author of this blog post, Stan Burman, is a freelance paralegal who has worked in California and Federal litigation since 1995.

If you are in need of assistance with any California or Federal litigation matters, Mr. Burman is available on a freelance basis. Mr. Burman may be contacted by e-mail at DivParalgl@yahoo.com for more information. He accepts payments through PayPal which means that you can pay using most credit or debit cards.

Follow the author on Twitter at: https://twitter.com/LegalDocsPro

View legal document packages for sale at: http://www.legaldocspro.net

Subscribe to his weekly newsletter with legal tips and tricks for California. http://www.legaldocspro.net/newsletter.htm

DISCLAIMER:

Please note that the author of this blog post, Stan Burman is NOT an attorney and as such is unable to provide any specific legal advice. The author is NOT engaged in providing any legal, financial, or other professional services, and any information contained in this blog post is NOT intended to constitute legal advice.

The materials and information contained in this blog post have been prepared by Stan Burman for informational purposes only and are not legal advice. Transmission of the information contained in this blog post is not intended to create, and receipt does not constitute, any business relationship between the author and any readers. Readers should not act upon this information without seeking professional counsel.

 

Opposition to a motion to compel for interrogatories in California

An opposition to a motion to compel for interrogatories in California is the topic of this blog post.

This blog post will discuss some common grounds for filing an opposition to a motion to compel for interrogatories in California.

Deadline to file an opposition to a motion to compel for interrogatories in California.

The opposition to a motion to compel further responses to interrogatories in California must be filed no less than nine (9) court days before the hearing and served by personal delivery or overnight mail under the provisions of Code of Civil Procedure section 1005.

Grounds for opposition to a motion to compel for interrogatories in California.

Common grounds for opposition to a motion to compel further responses to interrogatories in California include:

That the responding party has already provided adequate responses to the interrogatories;

That the Motion to Compel is essentially arguing about form over substance in that the Motion to Compel was filed merely because the moving party does not like the answers;

The specially prepared interrogatories clearly do not relate to the claim or defense of the party seeking discovery or of any other party to the action as required by Code of Civil Procedure § 2017.010

That the interrogatories are unduly burdensome and oppressive.

If the moving party did not make a reasonable and good faith effort to meet and confer before filing their motion to compel you can ask that they be sanctioned even if the court grants the motion compel.

Code of Civil Procedure § 2023.010 states in pertinent part that, “Misuses of the discovery process include, but are not limited to, the following:

(c) Employing a discovery method in a manner or to an extent that causes unwarranted annoyance, embarrassment, or oppression, or undue burden and expense.

(h) Making or opposing, unsuccessfully and without substantial justification, a motion to compel or to limit discovery.

(i) Failing to confer in person, by telephone, or by letter with an opposing party or attorney in a reasonable and good faith attempt to resolve informally any dispute concerning discovery, if the section governing a particular discovery motion requires the filing of a declaration stating facts showing that an attempt at informal resolution has been made.”

Code of Civil Procedure § 2023.020 states that, “ Notwithstanding the outcome of the particular discovery motion, the court shall impose a monetary sanction ordering that any party or attorney who fails to confer as required pay the reasonable expenses, including attorney’s fees, incurred by anyone as a result of that conduct.”

Two California Courts of Appeal have stated in published decisions that sanctions may be awarded against any party that propounds abusive or frivolous interrogatories.

Sample opposition to a motion to compel for interrogatories in California for sale.

Attorneys or parties in California that would like to view a portion of a 14 page sample opposition to a motion to compel further responses to interrogatories in California containing brief instructions, a memorandum of points and authorities with citations to case law and statutory authority, sample declaration and proof of service by mail sold by the author can see below.

 

California discovery litigation document package

The author of this blog post, Stan Burman, is a freelance paralegal who has worked in California and Federal litigation since 1995.

If you are in need of assistance with any California or Federal litigation matters, Mr. Burman is available on a freelance basis. Mr. Burman may be contacted by e-mail at DivParalgl@yahoo.com for more information. He accepts payments through PayPal which means that you can pay using most credit or debit cards.

Follow the author on Twitter at: https://twitter.com/LegalDocsPro

View legal document packages for sale at: http://www.legaldocspro.net

Subscribe to his weekly newsletter with legal tips and tricks for California. http://www.legaldocspro.net/newsletter.htm

DISCLAIMER:

Please note that the author of this blog post, Stan Burman is NOT an attorney and as such is unable to provide any specific legal advice. The author is NOT engaged in providing any legal, financial, or other professional services, and any information contained in this blog post is NOT intended to constitute legal advice.

The materials and information contained in this blog post have been prepared by Stan Burman for informational purposes only and are not legal advice. Transmission of the information contained in this blog post is not intended to create, and receipt does not constitute, any business relationship between the author and any readers. Readers should not act upon this information without seeking professional counsel.

 

 

 

 

California and Federal litigation

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