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Adding a new defendant when it's close to trial
It's complicated. We originally sued 20 defendants and dropped everyone
except for four of them. The debts had all been sold multiple times and it
was really difficult to figure out who owned what. We sued on the one NCT
loan we knew about and the NCT attys showed up and included a second loan
saying, "we have the NCT loans". Turns out, there may be a THIRD NCT loan
floating out there that I am having great difficulty confirming it still
exists, but the Debtor did receive a tax statement on this loan about 8
years ago. I saw a copy of that recently. So, in the event that it is
still lurking out there, we'd like to include them now. The NCT attorneys
say they don't have that particular loan and that their client usually
"gives them everything they have", but it seems to me this loan could not
disappear into thin air and I don't see it being consolidated anywhere.
It's a separate "trust" from the other two loans.
All the parties have continued the trial a couple times for various reasons
and ER does not want any more continuances, but since I am not getting any
calls back from this NCT 2006 Trust to confirm whether the Debtor has a
loan or not, I think we need to request to add them and serve them.
Holly Roark
Certified Bankruptcy Specialist*
*and Sports Lawyer*
holly@roarklawoffices.com **primary email address**
www.roarklawoffices.com
Central District of California
Consumer Bankruptcy Attorney
1875 Century Park East, Suite 600
Los Angeles, CA 90067
T (310) 553-2600
F (310) 553-2601
*By State Bar of California Board of Legal Specialization
**For a quicker response, email me at holly@roarklawoffices.com.
I only use gmail for my listservs, and am likely to miss private emails
directed to my gmail account.**
On Wed, Feb 11, 2015 at 11:26 AM, Kirk Brennan kirkinhermosa@gmail.com
[cdcbaa] wrote:
>
>
> Is the new defendant a servicer on the debt? Seems a bit unusual to add
> one that late in the game.
> On Feb 11, 2015 3:49 AM, "Holly Roark hollyroark22@gmail.com [cdcbaa]" cdcbaa@yahoogroups.com> wrote:
>
>>
>>
>> I have a student loan AP that is past pretrial and heading for trial on
>> 4/3. We just discovered a new defendant that needs to be added. Judge ER
>> has told us we cannot continue the trial again except for good cause, which
>> I think this is. Does anyone have a sample motion they can send me to add a
>> defendant in an AP. Thank you.
>>
>>
>>
>>
>> --
>> Holly Roark
>> Certified Bankruptcy Specialist*
>> *and Sports Lawyer*
>> holly@roarklawoffices.com **primary email address**
>> www.roarklawoffices.com
>> Central District of California
>> Consumer Bankruptcy Attorney
>> 1875 Century Park East, Suite 600
>> Los Angeles, CA 90067
>> T (310) 553-2600
>> F (310) 553-2601
>>
>> *By State Bar of California Board of Legal Specialization
>>
>>
>> **For a quicker response, email me at holly@roarklawoffices.com.
>> I only use gmail for my listservs, and am likely to miss private emails
>> directed to my gmail account.**
>>
>>
>>
>
It's complicated. We originally sued 20 defendants and dropped everyone except for four of them. The debts had all been sold multiple times and it was really difficult to figure out who owned what.p and included a second loan saying, "we have the NCT loans".aving great difficulty confirming it still exists, but the Debtor did receive a tax statement on this loan about 8 years ago. I saw a copy of that recently. So, in the event that it is still lurking out there, we&
The post was migrated from Yahoo.
charsetndows-1252
suggest you ask the existing defendant for a stipulation to amend to add the additional defendant and to continue the trial. Even if they say no, put it in an ex parte motion or motion for order shortening time. Local Rules Forms will help for the motion.
Jason
JASON WALLACH, ESQ.
Gladstone Michel Weisberg Willner & Sloane, ALC
4551 Glencoe Avenue, Suite 300
Marina del Rey CA 90292-7925
Tel: (310) 821-9000
Direct: (310) 775-8725
Fax: (310) 775-8775
Email: jwallach@ gladstonemichel.com
www. gladstonemichel.com
On Feb 11, 2015, at 10:26 AM, Kirk Brennan kirkinhermosa@gmail.com [cdcbaa] wrote:
>
> Is the new defendant a servicer on the debt? Seems a bit unusual to add one that late in the game.
>
> On Feb 11, 2015 3:49 AM, "Holly Roark hollyroark22@gmail.com [cdcbaa]" wrote:
>
> I have a student loan AP that is past pretrial and heading for trial on 4/3. We just discovered a new defendant that needs to be added. Judge ER has told us we cannot continue the trial again except for good cause, which I think this is. Does anyone have a sample motion they can send me to add a defendant in an AP. Thank you.
>
>
>
>
>
> --
> Holly Roark
> Certified Bankruptcy Specialist*
> and Sports Lawyer
> holly@roarklawoffices.com **primary email address**
> www.roarklawoffices.com
> Central District of California
> Consumer Bankruptcy Attorney
> 1875 Century Park East, Suite 600
> Los Angeles, CA 90067
> T (310) 553-2600
> F (310) 553-2601
> *By State Bar of California Board of Legal Specialization
>
> **For a quicker response, email me at holly@roarklawoffices.com.
> I only use gmail for my listservs, and am likely to miss private emails
> directed to my gmail account.**
>
>
>
>
>
charsetndows-1252
suggest you ask the existing defendant for a stipulation to amend to add the additional defendant and to continue the trial. Even if they say no, put it in an ex parte motion or motion for order shortening time. Local Rules Forms will help for the motion.Jason
-- JASON WALLACH, ESQ.Gladstone Michel Weisberg Willner & Sloane, ALC4551 Glencoe Avenue, Suite 300Marina del Rey CA 90292-7925Tel: (310) 821-9000Direct: (310) 775-8725Fax: (310) 775-8775Email: jwallach@ gladstonemichel.comwww. gladstonemichel.com
On Feb 11, 2015, at 10:26 AM, Kirk Brennan kirkinhermosa@gmail.com [cdcbaa] <Is the new defendant a servicer on the debt? Seems a bit unusual to add one that late in the game.On Feb 11, 2015 3:49 AM, "Holly Roark hollyroark22@gmail.com [cdcbaa]" <cdcbaa@yahoogroups.com> wrote:I have a student loan AP that is past pretrial and heading for trial on 4/3. We just discovered a new defendant that needs to be added. Judge ER has told us we cannot continue the trial again except for good cause, which I think this is. Does anyone have a sample motion they can send me to add a defendant in an AP. Thank you.-- Holly RoarkCertified Bankruptcy Specialist*and Sports Lawyer*By State Bar of California Board of Legal Specialization **For a quicker response, email me at holly@roarklawoffices.com.I only use gmail for my listservs, and am likely to miss private emailsdirected to my gmail account.**
The post was migrated from Yahoo.
Is the new defendant a servicer on the debt? Seems a bit unusual to add
one that late in the game.
On Feb 11, 2015 3:49 AM, "Holly Roark hollyroark22@gmail.com [cdcbaa]" wrote:
>
>
> I have a student loan AP that is past pretrial and heading for trial on
> 4/3. We just discovered a new defendant that needs to be added. Judge ER
> has told us we cannot continue the trial again except for good cause, which
> I think this is. Does anyone have a sample motion they can send me to add a
> defendant in an AP. Thank you.
>
>
>
>
> --
> Holly Roark
> Certified Bankruptcy Specialist*
> *and Sports Lawyer*
> holly@roarklawoffices.com **primary email address**
> www.roarklawoffices.com
> Central District of California
> Consumer Bankruptcy Attorney
> 1875 Century Park East, Suite 600
> Los Angeles, CA 90067
> T (310) 553-2600
> F (310) 553-2601
>
> *By State Bar of California Board of Legal Specialization
>
>
> **For a quicker response, email me at holly@roarklawoffices.com.
> I only use gmail for my listservs, and am likely to miss private emails
> directed to my gmail account.**
>
>
>
>
Is the new defendant a servicer on the debt? Seems a bit unusual to add one that late in the game.
On Feb 11, 2015 3:49 AM, "Holly Roark hollyroark22@gmail.com [cdcbaa]" <cdcbaa@yahoogroups.com> wrote:
I have a student loan AP that is past pretrial and heading for for good cause, which I think this is. Does anyone have a sample motion they can send me to add a defendant in an AP. Thank you.-- Holly RoarkCertified Bankruptcy Specialist*and Sports Lawyer
holly@roarklawoffices.com**primary email address**
www.roarklawoffices.com
Central District of California
Consumer Bankruptcy Attorney
1875 Century Park East, Suite 600
Los Angeles, CA 90067
T
The post was migrated from Yahoo.
I have a student loan AP that is past pretrial and heading for trial on
4/3. We just discovered a new defendant that needs to be added. Judge ER
has told us we cannot continue the trial again except for good cause, which
I think this is. Does anyone have a sample motion they can send me to add a
defendant in an AP. Thank you.
Holly Roark
Certified Bankruptcy Specialist*
*and Sports Lawyer*
holly@roarklawoffices.com **primary email address**
www.roarklawoffices.com
Central District of California
Consumer Bankruptcy Attorney
1875 Century Park East, Suite 600
Los Angeles, CA 90067
T (310) 553-2600
F (310) 553-2601
*By State Bar of California Board of Legal Specialization
**For a quicker response, email me at holly@roarklawoffices.com.
I only use gmail for my listservs, and am likely to miss private emails
directed to my gmail account.**
I have a student loan AP that is past pretrial and heading fortrial on 4/3. We just discovered anew defendant that needs tobe added. Judge ER has told us we cannot continue the trial again except for good cause, which I think this is. Does anyone have a sample motion they can send me to add a defendant in an AP. Thank you.-- Holly RoarkCertified Bankruptcy Specialist*and Sports Lawyer
holly@roarklawoffices.com**primary email address**
www.roarklawoffices.com
Central District of California
Consumer Bankruptcy Attorney
1875 Century Park East, Suite 600
Los Angeles, CA 90067
T (310) 553-2600
F (310) 553-2601
*By State Bar of California Board of Legal
Specialization
The post was migrated from Yahoo.