Status Replies posted by shellieh98
Hello Shellieh98, If you would be kind enough to help me defend against Wahr Financial Group, LLC. They are represented by Kenosian & Miele, LLP. I am in San Diego, Ca and I have spent many hours researching on this website. It is obvious that you have been very successful. Here is some info on this lawsuit for an old CASH CALL debt.
1. Who is the named plaintiff in the suit?
Wahr Financial Group, LLC
2. What is the name of the law firm handling the suit?
Kenosian and Miele, LLP
3. How much are you being sued for?
4. Who is the original creditor?
5. How do you know you are being sued?
Summons delivered at door to my spouse Feb 16, 2019
6. How were you served?
I received it by mail 5 days later Feb 21, 2019
7. Was the service legal as required by your state?
8. What was your correspondence (if any) with the people suing you before you think you were being sued?
I made a phone call to them in November of 2017. I did not understand what they were offering. They said they would agree to settle with me and withdraw lawsuit if I paid in full and agreed to a judgement. I initially said yes because i was scared but after thinking through it I refused to speak to them.
9. What state and county do you live in?
10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations)
Per the complaint, November 6th, 2015
11. What is the SOL on the debt?
12. What is the status of your case?
Suit served, I have not filed my response.
13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?)
YES but currently not on any of credit reports. Only items showing are Collection from CASHCALL
14. Did you request debt validation before the suit was filed?
15. How long do you have to respond to the suit?
I have until March 27th, 2019. 30 days + 10 days received it by mail.
16. Thee "charges" are.
Cause of Action
1. Breach of Contract
2. Open Book
3. Money Lent
17. Did you receive an interrogatory (questionnaire) regarding the lawsuit?
18. What evidence did they send with the summons?
EXHIBIT A: A copy of original contract with CASHCALL.
Note of Verification from the Attorney (Miele) of Unifund that all statements in the compliant are true and correct.
Well I have been gone for some time, so I am super rusty. Do you have the contract that was entered into? Does it have a provision for arbitration? There are a few cali threads that are pinned, one is by ASTMedic. I would read it, over and over until you understand it, that will help tremendsely. There are alot of california peeps on this board who would be able to help you better with cali case law, I live in colorado.