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Showing content with the highest reputation on 05/19/2011 in all areas

  1. -1 points
    Hello (and a hearty Thank YOU to all who post so much information in this forum), Have read from this forum for the past week. I am assisting a relative (who lacks internet access) with this situation. I have her permission to post to obtain information that may be helpful to her case. (Being as non-specific as possible): 1. Who is suing you? A JDB, represented by a law firm. 2. For how much? $4,000 3. Who is the original creditor? Her bank. The JDB is alleging she opened a credit card with the bank. 4. How do you know you are being sued? She rec'd a summons, served in person. 5. How were you served? Process server, at her apt. 6. What was your correspondence (if any) with the people suing you before you think you were being sued? No correspondence. She was saving for bankruptcy, to discharge her debts. 7. Where do you live? California. 8. When is the last time you paid on this account? (???) Defendant uncertain. Could have been 2008, if debt is valid (unsure if info. or accnt. is hers). Moved and is going to check their records in storage. Defendant still banks w/OC. She's very confused as to the fact someone else is suing on alleged debt, as defendant in great standing w/the bank (regarding her checking, savings, etc. Separate issue I know. Just sharing what was shared w/me). 9. What is the status of your case (if anything has been opened)? You can find this by a) calling the court or looking it up online (many states have this information posted daily). Nothing as of yet. Called court, no court date set, yet. 10. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) She has not. 11. Did you request debt validation before the suit was filed? If not, don't bother doing this now. She did not. 12. Does your summons require a response in writing? (Look hard!) Yes. She has 30 days. In 99% of the cases, they will require you to answer the summons, and each point they are claiming. We need to know what the "charges" are. Please post what they are claiming. Please see **** area below, for actual charges. Did you receive an interrogatory (questionnaire) regarding the lawsuit? No questionnaire included w/the summons. 13. What evidence did they send with the summons? An affadavit? A statement from the OC? Anything else they attached as exhibits? No evidence included. No affadavit. Nothing from the alleged OC. Nothing attached as exhibits. 14. What is the SOL on the debt? 4 years. If valid debt, would still be w/in SOL. Defendant plans to obtain credit reports, to check on any notes by plaintiff, OC, etc. *********Summons includes the following: Complaint-Contract (2 pages) Cause of Action (1 page) Statement of Location/Venue (1 page) Civil Case Cover Sheet (2 pages) Civil Case Cover Sheet Addendum and Statement of Location (4 pages) Notice of Case Assignment-Limited Civil Case (1 page) ADR information (2 pages) page 2 of complaint: (***skip to) 8. The following causes of action are attached and the statements above apply to each (each complaint must have one or more causes of action attached): [X] Common Counts 9. [ ] Other 10. Plaintiff prays for judgement for costs of suit; for such relief as is fair, just, and equitable; and for a. [x] damages of $4,000.00 b.[x] interest on the damages (1) [ ] according to proof (2) [x] at the rate of 0.00 percent per year from (date)__________. c.[ ] attorney fees (1)[ ] of $____________ (2)[ ] according to proof. d.[ ] (specify): 11. [X] the following paragraphs of this pleading are alleged on information and belief (specify paragraph numbers): CC-a(1), CC-a(2), CC-b(3), CC-b(4), CC-b(6) Page 3 __First___ Cause of Action--Common Counts Attachment to [x] Complaint [ ] Cross-Complaint (Use a separate cause of action form for each cause of action). CC-1. Plaintiff (name): JDB alleges that defendant (name): Sally Sued became indebted to [ ] plaintiff [X] other (name): Plaintiff's predecessor, Bank, who sold account to Plaintiff. a.[x] within the last four years (1)[x] on an open book account for money due. (2)[x] because an account was stated in writing by and between plaintiff and defendant in which it was agreed that defendant was indebted to plaintiff. b. [x] within the last [ ] two years [x] four years (1)[ ] for money ad received by defendant for the use and benefit of plaintiff for work, labor, (2)[ ] services and materials rendered at the special instance and request of defendant and for which defendant promised to pay plaintiff [ ] the sum of $_________. [ ] the reasonable value. (3)[x]for goods, wares, and merchandise sold and delivered to defendant and for which defendant promised to pay plaintiff. [x]the sum of $4,000.00 [ ] the reasonable value. (4) [x] for money lent by plaintiff to defendant at defendant's request. (5) [ ] for money paid, laid out, and expended to our for defendant at defendant's special instance and request. (6)[ ] other (specify): CC-2. $4,000.00, which is reasonable value, is due and unpaid despite plaintiff's demand, plus prejudgement interest [ ] according to proof [X] at the rate of 0.00 percent per year from date ___________. (date provided). NOTE on ***skip to: skipped articles that weren't applicable (areas that weren't marked with an "x") to save some time and band width. I am a bit confused. Questions: We (my relative and I), found the forms we need on-line, as well as the specific cost of applicable fees. Does she respond (with the applicable form) to the items stated in the Cause of Action--Common Counts? aka page 3 also showing as form pld-c001(2).....? Is this where she would include any applicable affirmative defenses? Also would it be advisable to file her response with a request for a BOP? Looking forward to responses and Thanks again for a great and incredibly generous forum! tigger