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Showing content with the highest reputation on 07/19/2016 in all areas

  1. 2 points
    Welcome. Sounds like you are well on your way to preparing your answer to the complaint. If the complaint is not verified, you can use a general denial http://www.courts.ca.gov/documents/pld050.pdf This is a pretty easy form to fill out and you do not need to go through the complaint admitting or denying each paragraph. Don't worry if you do not see any affirmative defenses that apply to your case. THe general denial forces plaintiff to prove its case and that is the most important thing. In responding to the complaint, you can say "Barbara Needhelpinca", formerly known as "Barbara Jones" (you get the idea). This will alert plaintiff to the name change but PRA will figure that out anyway from the fee waiver. Let us know if you need any help with the general denial.
  2. 2 points
    Dismissed WITH Prejudice!! It wasn't without a condition - the attorney asked for it to be entered as 'without finding on merit' which I agreed to assuming it was more for their records vs effect on me because the way I saw it, dismissed with prejudice is dismissed with prejudice. From there the judge told me I was free of the following scheduled appearance, and free to leave. No problem. Could not have gotten here without all your help, especially @CCRP626. Thank you all very much!
  3. 1 point
    Thank you very much for this suggestion. I decided to give them a call today, and after a very long and detailed and reassuring conversation I decided to go with them on the spot. They charged 800 flat for the case with 200 per court appearance due to the distance they'd have to travel should a court appearance even be necessary. As I'm currently in the process of getting on my feet after finally landing a decent job; being able to pay 800 instead of an astronomical 3k is a huge, huge weight off my shoulders. I'll keep the thread updated as things happen, if that's OK. By the way, this wasn't an E-file case; but my representation assures me that they'll have the answer sent to both necessary parties in time easily.
  4. 1 point
    Look at the Credit One card agreement they sent you. It should have an arbitration provision in it. Does it list JAMS? If I remember correctly, that is what Credit One has in their agreements. If yes, then I would file a general denial answer (just a blanket denial of all allegations). At the same time, after I give the clerk my answer I will hand her my Motion to Compel Arbitration. Midland is not going to arbitrate a case for $700. No way. My entire focus would be just to get the court to grant an order to arbitrate. That court order will be your golden ticket.
  5. 1 point
    Right now it doesn't sound like they've met the Midland CFPB order evidence list. It also sounds like since this account is a mystery you'd answer following the MS civil procedure code with deny or insufficient information.