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Nicolas Corona Vaca

Nicolas Vaca’s Answers

21 total

  • Unlimited Civil Case for Private Student Loan Trial

    I was co-signer on a private student loan. The case is in court as an Unlimited Civil Case. An Entry of Default was filed against me and right now, there's a Civil Trial Assignment - Long Cause scheduled for next week. I responded with an Answer ...

    Nicolas’s Answer

    To restate what my colleagues have said: "Get thee to a lawyer." It appears that you were served with the complaint based on the fact that you filed an answer after the default was taken. If you want to set aside the default consult with a lawyer who specializes in consumer law and debt defense in particular. Do it soon!

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  • Can I cancell a payment plan I made with a collection agency?

    A collection agency has called me regarding a debt And told me they will bring me to court if I dont make a payment plan.I was scared for my two kids. So even though I have no job right now I agree coz I didnt know my rights. I ask them to send me...

    Nicolas’s Answer

    Are you sure you even owe this debt? It sounds like a scam. You should get something in writing from them within five days advising you that you have the right to request validation of the alleged debt. If you do not and they call again advise them that you want written documentation regarding your debt. You should contact a debt collection defense attorney in your area regarding this matter.

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  • What is section 96 in pretrial and does plaintiff need to answer this to defendant before trial

    Lawsuit with debt collector

    Nicolas’s Answer

    I assume your are a defendant in a debt collection case which falls within the limited jurisdiction amount. Under CCP sec. 96, you can request that the debt collector serve you, within 20 days, a statement of the names and addresses witnesses it intends to call at trial; a description of physical evidence it intends to offer; and a description and copies of documentary evidence it intends to offer. A CCP sec. 96 request shall not be served more than 45 days or less than 30 days prior to the date first set for trial. You should review this code section to make certain that you do it right. This is an important defense weapon and could potentially prevent the debt collector from trying the case by use of a CCP sec. 98 declaration in lieu of live testimony.

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  • What are reserved dates for hearings and how do you arrange them?

    I filed a MOTION for Leave to File Second Amended Complaint and a Memorandum of Points and Authorities in Support of Motion. Due to Noticed Motion without reserved hearing dates the court reset my Motion Hearing. Opposing counsel recommended I ref...

    Nicolas’s Answer

    In San Francisco County Superior Court, all law and motion matters, limited and unlimited, are heard at 9:30 a.m. You must schedule and notice hearings within the time limited provided by CCP 1005/and/or Local Rule 8. Before you file a motion you must obtain a hearing date and reservation number from the court by sending an email to calendar302@sftc.org between 8:00 a.m. and Noon. You must type the reservation number of the caption page of the notice of motion when yo file the motion. If the date requested is not available, you will be assigned a later date.

    Local Rule 8.2 states that after obtaining a hearing date, you have to electronically file the motion within 24 hours. Also, after you file the motion you must bring a courtesy copy of the filing to Department 302. You must also deliver courtesy copies of all subsequent filings to Department 302.

    This information is on the San Francisco County Superior Court Website.

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  • How many regular interrogatories can we ask, and how do we distinguish them from the Specially prepared interrogatories.

    SPI is 30 questions...correct.

    Nicolas’s Answer

    In discovery, whether you are in limited or unlimited jurisdiction, there are two types of interrogatories. One kind is form interrogatories which are provided by the California Judicial Council and can be found at http://www.courts.ca.gov/forms.htm. You should note that there are different types of form interrogatories depending on whether you are in: (1) unlimited jurisdiction, (2) limited jurisdiction; or (3) in an unlawful detainer. The other kind of interrogatories are specially prepared interrogatories which you prepare, or if you have an attorney, the attorney prepares.

    Keep in mind that in limited jurisdiction cases you are limited to what is called the "grab bag rule of 35." This means that each party may serve on each adverse party no more than 35 of any combination of interrogatories, requests for admission or demands for inspection.

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  • When and how do I find out what judge is assigned to my case in Federal Court.

    I had a state court case removed to USDC, Central District of California. I read I have 30-days to file a Motion to Remand, but I don't know what court/judge my case is assigned to. Will I be notified of this and when/how? Do I c...

    Nicolas’s Answer

    If you are in pro se you need to get a PACER/ECF account. The PACER account allows your access to documents filed in the district court, including your own case. Using PACER you can log on to the court's website and see to which judge the case has been assigned. The ECF account allows you to file your documents electronically. Indeed, you will have to get an ECF account so that you can file a motion for remand if the state case was improperly removed.

    Robert Stempler is correct. You have 30 days to file a motion for remand. If the removal was improper then you can be awarded attorneys fees. However, you must hire any attorney to file the motion since the court cannot award you attorneys fees if you file the motion for remand as a pro se.

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  • Confusing Mess! What to do?

    I've been working with National Debt Relief for Discover and Capital One. I received a settlement agreement for just over half of the original debt from Nelson and Kennard for the Capital One debt and I have been paying on it. Then I found out ...

    Nicolas’s Answer

    Some clarification is needed. You said you drove to the courthouse to get a copy of the lawsuit. After you got the copy did it name you as the defendant and Capital One as the plaintiff? Was the account listed in the lawsuit the one on which you were paying? Was the amount demanded the same as that on which you had been paying? Was the case number on the summons the same as the case number on the complaint? When were you served?

    All of these questions are important because It appears that there are various violations of the FDCPA and/or the Rosenthal act. You should consult with an attorney as soon as possible to avoid additional problems with the complaint.

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  • Do collection agencies have bona-fied legal right to collect full amount on junk debt they purchased for pennies on the dollar

    Do CAs have legal right to collect/sue for full amount ($2000s) on junk debt they paid 7-to-10 cents per dollar (some $100 for) that was charged off/declared loss by original creditor. money creditors already got a tax break & big fat insurance bo...

    Nicolas’s Answer

    A debt collector (DC) has the right to file suit on a debt if it has been properly assigned the debt by the original creditor. If you have been sued you should answer the complaint and at the same time serve discovery requests. You should ask for the DC to state all the facts on which it alleges that it has the right to collect the debt; interrogatories can be used for this purpose. You should also ask for all the documents establishing that the DC has the right to collect the debt; document requests can be used for this purpose. In response to your document requests you may be given a "bill of sale" which purports to establish the assignment of the debt. Review this document carefully because generally it is not sufficient in and of its self. Generally, this document refers to another document which might establish the assignment. However, if it was not produced as a result of your document request, then it may not exist. This fact then becomes one of your defenses. Do not expect the DC to provide information that will work against collecting the debt. You have to work hard to defend the lawsuit.

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  • I'm being asked to sign a settlement agreement. Help!

    Citibank sued me for $6610.00 and I was able to work out a settlement with their attorneys for $4,500, paid out in 12 payments. They already collected the first payment of $375, but require me to sign this settlement agreement, otherwise they will...

    Nicolas’s Answer

    • Selected as best answer

    Something is wrong. Did you provide them with an automatic withdrawal from you checking account or credit card? Did Citibank sue you or was it a debt collection company? The distinction is important. Whoever collected the first payment may have violated the Rosenthal Act. Call me or e-mail me and I will talk to you about your case, pro bono (latin for free).

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