Alyssa Gast

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Many, many creditors will be writing off bad debt before the close of 2009. This debt will be sold to third-party debt collectors, debt attorneys and collection agencies for pennies on the dollar.

Generally a debt collector will attempt to collect the debt by sending you letters and making multiple phone calls to your residence or whichever numbers they can find for you. Remember that even if you settle for 50% of the amount owing, the third-party debt collector is still making a killing!

However, in recent years it has become very common for debt collectors to file a civil lawsuit against debt collectors whom they deem as “collectible”. It costs relatively little for them to file a lawsuit using our court systems. If you do nothing to respond (as over 90% of debt lawsuits do, just go to the courthouse on any given hearing day and see who shows up) they win by default judgement and this grants them the right to freeze your bank accounts, put a lien on your property and/or garnish your wages until the debt is satisfied in full.

There is NO negotiating with them once a default judgment has been handed down, you often pay the original amount owing on your debt, plus interest, plus THEIR legal fees, and more bogus fees. It’s not uncommon for your debt to double from what it was originally.

Not to mention the devastating impact a default judgement will have on your credit for 7 to 10 years.

This is why it is IMPERATIVE that you ANSWER their lawsuit and fight back to the best of your ability. Most people in this predicament cannot afford a lawyer, although if you can or are eligible for legal aid I would highly recommend it.

If you choose to fight back yourself, this is called being a Pro Se litigant and it is highly do-able. I’ll try to break down the most common steps of a lawsuit, so you know what to expect. Please remember this is just based on my own experience and the experience of others I’ve talked to or worked with.

Step 1

You receive a summons and are given a time limit in which to respond. This can be anywhere from 10 to 30 days, but is often 21. READ YOUR SUMMONS CAREFULLY.

Step 2

FILE A NOTICE OF APPEARANCE, ANSWER AND CERTIFICATE OF SERVICE.

The NOA notifies the court that you are an active participant in the suit and ensures that the court and the Plaintiff send you notices of any hearings, etc.

The ANSWER is where you answer the allegations in their summons with a confirm, deny or lack the knowledge to confirm or deny type of statement in a numbered paragraph form. You also assert your AFFIRMATIVE DEFENSES, these defenses must be stated in the Answer or you lose the opportunity to use them later. An example of an affirmative defense is out-of-statute debt.

The CERTIFICATE OF SERVICE is simply a document swearing that you have sent copies of the above documents to Plaintiff. You’ll need to file these documents at the courthouse, get them stamped with the date and send copies to the Plaintiff.

Then….you’ll likely HEAR NOTHING for months!

Surprised? So was I at first but this is very common. The debt buyers issue their civil lawsuits in chunks, they’ll be busy collecting default judgments and will set aside your file for some time as it will now require effort on their part.

If you are likely, they will drop the lawsuit or let it expire. Oftentimes, they don’t want to go to the trouble of pursuing the suit any further and nothing more will happen. ESPECIALLY if they have no documentation or the debt is out-of-statute as is so often the case.

Step 3

If they continue the case and have documentation to back it up, don’t despair. You still have time on your side and options. They will likely initiate the DISCOVERY phase of the lawsuit. This is where paperwork is volleyed back and forth between you and them. It’s basically a big game and VERY time consuming for YOU. They are hoping that you will bow out at this point. If you do your homework and make it through this stage it will typically last for 4 to 18 months. On average with most civil lawsuits it seems to last about 8 months.

Step 4

At this point, depending on your case they will either file a Motion for Hearing and a Motion for Summary Judgment OR if you have a very strong case you can file a Motion to Dismiss or a Motion for Summary Judgment.

Summary Judgment is basically asking the judge to make a decision without a trial because NO facts in the case are in dispute. This is BS and the debt collectors know it. I don’t think I’ve ever seen a debt lawsuit case where facts where not in dispute.

If your case gets to this point it can be scary. Who wants to go to trial in front of a judge? You have two options.

1. You can go to the Hearing for the Motion for Summary Judgment, present your facts to the judge on why you need a hearing (basically calling out the debt collector on their lies, and often the amount they are suing for is in dispute among other things) and once you have your day in court, you present the evidence to the best of your ability and honestly it’s a 50/50 chance based on the judge. Some look favorably towards Pro Se litigants, some do not.

2. You can go to the Hearing for the Motion for Summary Judgment early. The attorney for the debt collector will be there. Tell them you want to settle if they’ll dismiss the case. I have never seen this tactic NOT work. However, the key is a cash settlement. You have to have CASH ON HAND to offer a lump sum settlement. These guys are greedy and they know that even once a judgment is handed down, they still have to find you, your bank account, your job (if you have one), etc. Their payday is still unknown.

In fact, if you go to the courthouse on a hearing day you will see these attorneys calling the names of the people on the docket that day asking if they want to confer in the hall prior to court. You certainly don’t have to do this, but it is common for them to take a 70% cash settlement at that point AND you don’t have to face the judge!

Facing a credit card debt lawsuit can be daunting, but it CAN be done and SUCCESSFULLY. For more information and/or to order the Fill-in-the-Blank Word documents I used in my own debt lawsuit please visit http://www.HowToAnswerACreditCardDebtLawsuit.com.

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Non fate caso al titolo, come al solito le mie scelte d’effetto predominano sulla realtà NON SO SE IL BARE MINERALS SIA SICURAMENTE NATURALE, FATEMI SAPERE!! Cmq, ringraziando di nuovo le mie iscritte, presento questo video in cui presento le basi essenziali per iniziare a truccarsi bene (o detto a parole mie, decentemente! ^^ ). In questo video ho semplicemente raccolto tutte le conoscenze che io stessa ho appreso da moltissime brave ragazze sicuramente più esperte di me. Mi è sembrata un’idea carina e utile raccogliere le nozioni basi sebbene la finalità di fare un lavoro di sintesi è andata un po’ in malora Spero che cmq lo apprezziate… Video correlati: fondotinta trucco minerale www.youtube.com base trucco-contouring www.youtube.com www.youtube.com pennelli fraulein www.youtube.com www.youtube.com ALTRI CANALI CONSIGLIATI: www.youtube.com www.youtube.com www.youtube.com www.youtube.com Disclaimer: As for the new FTC regulations introduced on Dec 1st 2009, Any views or opinion represented in this channel are my personal views, which implies I am responsible for them, not any of the mentioned cosmetic companies nor a mentioned online-shopping website. My YouTube channel contains my own opinions. This channel has not been generated to make money and I am NOT being paid by ANY Company to express my opinion on products, unless otherwise stated. All mentioned products have been paid for with my own money and not given to me free of charge by the Company. Comments on …

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BP is claiming it’s willing to pay back people who suffered from the Gulf oil spill. But the legal road ahead remains arduous. As with the Valdez, experts say litigation could take up to 20 years and many analysts have said BP will be paying billions more until it is all cleaned up. The big question is whether actual victims of the disaster are going to get this money or the largest bulk of it will go to pockets of lawyers?

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For a full version of this presentation please visit isites.harvard.edu (Running Time Approx. 96 minutes) W. Mark Lanier, the plaintiffs attorney who won a $253 million judgment against pharmaceutical giant Merck & Co. over the fatal effects of its painkiller Vioxx, spoke to Professor Jon Hanson’s Torts class on November 19 at Harvard Law School. Lanier is the founder of the Lanier Law Firm and serves as the Houston firms lead litigation counsel. He has won multi-million dollar awards for plaintiffs against such powerful corporations as Merck, Amoco and Becton Dickinson. The New York Times has called him one of the top civil trial lawyers in America. Professor Hansons Torts 6 class studies the various aspects of tort law, including the psychological, which was the focus of Laniers talk. PLMS isites.harvard.edu The Situationist thesituationist.wordpress.com More on Mark Lanier www.law.harvard.edu

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Salve a tutte ragazze!! Nuovo trucco ispirato al Natale! Sto provando a dare sfogo alla mia fantasia ea creare trucchi per tutti i gusti e le occasioni. Spero vi piacciano e che anche per voi il Natale sia colorato come il mio! Questo è un trucco in parte ispirato dagli alberi decorati in oro, e in parte all’accostamento dell’estate all’autunno, il verde e il giallo. Spero veramente vi piaccia! Vi mando un augurio dal cuore! Disclaimer: As for the new FTC regulations introduced on Dec 1st 2009, Any views or opinion represented in this channel are my personal views, which implies I am responsible for them, not any of the mentioned cosmetic companies nor a mentioned online-shopping website. My YouTube channel contains my own opinions. This channel has not been generated to make money and I am NOT being paid by ANY Company to express my opinion on products, unless otherwise stated. All mentioned products have been paid for with my own money and not given to me free of charge by the Company. Comments on this channel are the sole responsibility of their writers and the writer will take full responsibility, liability, and blame for any libel or litigation that results from something written in or as a direct result of something written in a comment.

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Founded in 1983, the Asian Pacific American Legal Center advocates for civil rights, provides legal services and education, and builds coalitions to positively influence and impact Asian Pacific Americans and to create a more equitable and harmonious society.

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The Scope of NPDES Regulation – continued Instructor Holly Doremus. This introductory course is designed to explore fundamental legal and policy issues in environmental law. Through examination of environmental common law and key federal environmental statutes, including the National Environmental Policy Act, Clean Air Act, and Clean Water Act, it exposes students to the major challenges to environmental law and the principal approaches to meeting those challenges, including litigation, command and control regulation, technology forcing, market incentives, and information disclosure requirements. With the addition of cross-cutting topics such as risk assessment and environmental federalism, it also gives students a grounding in how choices about regulatory standards and levels of regulatory authority are made. www.law.berkeley.edu

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Are you an attorney, paralegal, or legal secretary re-entering the world of California litigation? Whether you temporarily switched to transactional work, voluntarily took time off to raise your children, or fell victim to the economic crisis, it is unlikely that you have been keeping up on changes to California civil litigation procedure in the interim. Admit it. You are rusty.

Perhaps you have been working in a busy law office, with constant “rushes” leaving you little or no time to keep up with the myriad changes made to California’s codes, rules, and forms. Or, maybe you have recently moved from a large firm with a docketing department calculating your deadlines and sending you memos alerting you to rule changes, to a small office where you are completely on your own. Either way, with respect to current California civil litigation procedure… you are rusty.

You know the old adage: “a little knowledge can be dangerous”? This can be so true if you are rusty. The problem is that you think you know what you are doing because you did it just a few months ago, and, instead of checking the rules, you might simply go ahead and do it, e.g., draft a motion, serve notice of a hearing, calendar a deadline. Unfortunately, you are unlikely to discover that something has changed, and that you have made a mistake, until after you have done so. At best, these errors may cause you some embarrassment. At worst, they may constitute malpractice.

In an effort to help you avoid either of these results, and make your re-entry smoother, presented below are some changes to the California Rules of Court, California Code of Civil Procedure, and Judicial Council forms instituted over the past few years. They range in importance from deadline changes to new optional Judicial Council forms. Changes made in 2010 and 2009 are highlighted first. Changes made prior to 2009 are addressed afterwards by subject.

2010 Changes

New Judicial Council Forms. The Judicial Council has adopted a new optional “Notice of Entry of Judgment or Order.” There are also three new optional forms relating to electronic service: “Consent to Electronic Service and Notice of Electronic Notification Address,” “Notice of Change of Electronic Notification Address,” and “Proof of Electronic Service.”

Revised Rule re Proof of Electronic Service. C.R.C., Rule 2.260(f) no longer requires a proof of service by electronic service to state that the “transmission was reported as complete and without error.” The multi-purpose POS-040 has been revised to reflect that change. If you have created a multi-purpose in-house form, you might want to delete that now obsolete language from the section on electronic service. Do not delete it from the section on fax service — it is still required for fax service.

Statements of Decision and Proposed Judgments. C.R.C., Rule 3.1590, regarding the statement of decision and proposed judgment process, is revised. The time within which to prepare a proposed statement of decision has changed, as has the time within which the court must sign a proposed judgment.

Time for Filing Notice of Appeal. C.R.C., Rule 8.104 re time for filing notice of appeal is revised. The rule specifies that the notice of entry of judgment may be served by any method — it does not have to be mailed (despite the clear language of C.C.P. § 664.5) — and time for filing notice of appeal starts running from the service as opposed to the mailing of the notice. [The Judicial Council did not change the mailing vs. service rule as to any other deadline dependent upon mailing notice of entry, i.e., memo of costs, motion for attorneys fees, etc. Look for those in the future.]

Urgency Legislation – July 29, 2009

On July 29, 2009, significant changes were made as a result of the current economic crisis.

Court Closures. From September 1, 2009 through June 30, 2009, the third Wednesday of every month is a court closure day — a day deemed to be a non-court day for purposes of calendaring deadlines. (This change was proposed to be codified as new Rule 1.12, but the proposal was dropped.)

The Judicial Council will meet on April 23, 2010 to decide how to proceed with court closure days after June 2010. Watch for developments!

California Electronic Discovery Act. The California Discovery Act, which tracks the 2006 amendments to the Federal Rules of Civil Procedure, was signed into law and became immediately effective on July 29, 2009.

January 2009 Changes

Settlement. By way of background, when a case is settled, it is supposed to be dismissed within a specified 45-day period (either 45 days after the date of settlement if the settlement is “unconditional,” or 45 days after the settlement is supposed to be completed if the settlement is “conditional”). (See Judicial Council form “Notice of Settlement of Entire Case” for details.) In the past, if the case was not dismissed by the parties within that period, the court would set an OSC re dismissal, and the parties would have to appear and explain the delays and request more time.

C.R.C., Rule 3.1385 now provides that if a case which has been settled involves the compromise of a minor’s claim or a person with a disability where court approval is required (thus delaying completion of the settlement), the court cannot hold an OSC re dismissal until after the hearing to approve the settlement. In addition, there is now a mechanism for continuing the OSC re dismissal without an appearance. Specific papers must be submitted no later than five court days prior to the prescribed 45th day. (See C.R.C., Rule 3.1385 for details on what must be submitted.)

Judicial Council Forms.

There is now a mandatory Judicial Council form “Summons–Cross-Complaint.” (No longer do you take the “Summons” form and conform it for use on a cross-complaint.)

In addition to being served in complex cases, the Civil Case Cover Sheet must now be served in “Collections Cases” (a type of case created by C.R.C., Rule 3.740 in July 2007, discussed below). (C.R.C., Rule 3.220)

Pre-2009 Changes

You should be aware of several changes to codes, rules, and forms instituted prior to January 2009. An attempt has been made to present them in the order in which they would arise during a case.

Reorganization/Renumbering of Rules. The California Rules of Court have been completely reorganized; every rule number has changed.

Format of Papers. Inclusion of a fax number and email address on pleadings, etc., filed with the court is no longer optional. It is now required if the number/address “is available.” (C.R.C., Rule 2.111)

Summons. The court clerk now retains the original summons. (C.C.P. §412.10) You no longer need to resubmit it to the clerk when you request entry of default.

Electronic Filing and Service. This area presents new vocabulary (“electronic service provider,” “electronic filer,” “electronic notification address”) and continuously evolving procedure varying from court to court. Be sure to familiarize yourself with C.R.C., Rules 2.250 and 2.260 before you embark upon either electronic filing or electronic service. For electronic filing, check your local rules to determine if they accept electronic filing in your type of case, and how you do it, e.g., directly with the court, or through an electronic service provider.

Collections Cases. New C.R.C., Rule 3.740 creates “Collections Cases.” They are actions for recovery of money owed in a sum stated to be certain, not exceeding $25,000, exclusive of interest and attorneys fees, arising from a transaction in which property, services, or money was acquired on credit, and which does not seek tort or punitive damages, recovery of real or personal property or a prejudgment writ of attachment. Rule 3.740 exempts Collections Cases from the statutory deadlines for filing Proof of Service of Summons and obtaining default judgment, and establishes different deadlines.

Proof of Service.

Proof of Service in a multi-party case must identify the party represented. (C.R.C., Rule 1.21(c))

The first named plaintiff is required to maintain fax lists in all cases where the parties have agreed to accept service by fax, and all parties are required to serve the list along with any order, notice or pleading on a party who has not yet appeared (C.R.C., Rule 3.254)

There are now four optional Judicial Council proof of service forms. The multi-purpose POS-040 is particularly useful.

Regular Motions.

Filing and service deadlines for regular motions are (since January 2005) as follows:

Notice of motion must be filed at least 16 COURT days prior to the hearing.

Oppositions must be filed and served at least 9 COURT days prior to the hearing.

Replies to oppositions to regular motions must be filed and served at least 5 COURT days prior to the hearing.

Oppositions and replies must be served in a manner so as to be received by the end of the next business day. (C.C.P. §1005(b))

Telephone appearances. Appearance by telephone is now favored. Intent to appear telephonically may be indicated in the moving, opposing, or reply papers. It may be arranged up to three court days (instead of five court days) before the hearing. A party receiving notice of another party’s intent to appear by by telephone may give notice of intent to appear by telephone by noon on the court day before the hearing. (C.R.C., Rule 3.670)

Motions for Summary Judgment (“MSJ’s”) and Summary Adjudication (“MSA’s”). Very significant changes have been made to MSJ’s and MSA’s:

The deadline to file objections to evidence on MSJ’S and MSA’S has changed. They now must be submitted with the opposition and/or reply (as opposed to the prior rule, which allowed filing as late as three court days prior to the hearing). (C.R.C., Rule 3.1354(a))

Objections must follow a specific format. (C.R.C., Rule 3.1354(b))

Objections must be accompanied by a proposed order, which must follow a specific format. (C.R.C., Rule 3.1354(c))

The mandatory format for separate statements for MSJ’s and MSA’s has changed. (C.R.C., Rule 3.1350(h))

It would be so easy to violate these rules! All you have to do is rely on your prior rusty knowledge, your rusty form file, and, if you don’t use rules-based computerized calendaring, your equally rusty calendaring “cheat sheet.” If, for example, without first checking for procedural changes, you pull a response to motion for summary judgment from your form file to use as a template, you would draft your objections to evidence in an improper format. You would also either fail to submit a proposed order at all, or draft it in an improper format. Then, if you calendar your deadlines by hand, and you use your outdated calendaring “cheat sheet,” you would top it all off by filing your evidentiary objections too late.

If objections to evidence are not timely filed, or are not presented in the proper format, the trial court may ignore them. (See, for example, Tverberg v. Fillner Construction, Inc. (2008) 168 Cal.App.4th 1278, in which the court, citing Rule 3.1354(b), noted that “[t]he form of the [responding party's objections to evidence] was improper and the trial court may not have ruled on those objections.” As a result, the possibly objectionable evidence is part of the record on appeal. Could this constitute malpractice?

The changes mentioned in this article have been compiled from cover memos sent to Litigation By The Numbers®-Fourth Edition Update Service subscribers over the past few years (go to http://www.litigationbythenumbers.com for more information about this California civil litigation handbook.) By no means does this article purport to identify all changes.

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The Environmental department at Levin Papantonio discusses how environmental issues affect people and they address current environmental problems. Environmental issues can affect people on local and national levels. On a local level, such as civil lawsuits, may involve personal injuries was as well property. National levels or regulatory lawsuits are cases where the government sues/addresses environmental issues. Levin Papantonio Law Firm, located in Pensacola Florida, has experienced Environmental Litigation Attorneys licensed to practice in Florida. For more information go to: www.levinlaw.com

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The real crisis regarding asbestos exposure in the workplace is not potential litigation but the number of victims who contract the deadly disease Mesothelioma.

Supporters of the bill propose to set up a $140 billion dollar asbestos compensation fund, but it is doubtful if even an all out effort this week will bring the bill to a vote on the floor of the US Senate.

As Kennedy states victims suing the companies who exposed their loved ones to this disease did not create the costs. The costs, which include lost productivity, medical, care, along with payments to provide basic living needs for family members who died years before their time.

A shifting of financial burden to the victims and their families is, according to Kennedy unacceptable.

Kennedy recognizes the efforts by Senators Specter and Leahy who are in favor of passage of the bill. That said it has several fundamental flaws, which make it an unreasonable solution to the pending crisis.

Kennedy states our first obligation is to do no harm. Argument that there are certain inadequacies regarding how current asbestos litigation is handled should not be the major thrust toward passage of this bill.

Government intervention is the concern voiced across the nation by potential victims of this deadly disease. If the fund were to liquidate over time all potential damages would be in question. What rights would victims have in a legal setting to seek compensation from the offending companies?

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