novack67

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About novack67

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  1. I was wrong about this showing on my credit report. It showed up in July 2011 I guess. My child was 16.
  2. It looks like to view anything online I must pay so it will have to wait another few weeks...
  3. Hmm. Ok! This doesn't show on my credit and they haven't taken or attached any tax refunds or anything (three years almost since the judgement), so it threw me for a loop as to what the August court date was about. I'll take your advice and take a look into the file but I'm just happy that it looks like I don't need to go to court. Thank you!
  4. I was served... well my underage child was served while I was not home. "...but I think that is the plaintiff filing to vacate sanctions brought against them." Who would have filed sanctions against them in my case? So the term 'Vacated' as in past tense, already done, makes no sense to me listed by a court date that has yet to happen. I wish I could afford to see the paperwork and minutes so I might understand what is going on here. It's frustrating. I can't go to the court because my car is illegal, but if I did manage to get there somehow could I see my court paperwork without being charged a fee? You'd think I could see this online for free as I am the one being sued, but they want a boatload for the paperwork. {Minutes $235.00}. Sigh. Thank you for the help. I'm still lost though. LOL!
  5. Sorry I missed adding this to my original post!! 1. Who is the named plaintiff in the suit? CAPITAL ONE BANK USA 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Attorney Information: Name: BLEIER, ELIZABETH A Address: 16130 VENTURA BLVDSUITE 620 City, State, Zip: ENCINO, CA 91436-2568- This is all that is listed on the court site. 3. How much are you being sued for? UNDER $10,000 (I believe it was less than $2000 originally) 4. Who is the original creditor? (if not the Plaintiff) N/A 5. How do you know you are being sued? (You were served, right?) I was not served myself. Someone gave my underage child paperwork when I was not at home though. A year later some papers came to our newer residence at the time, but they didn’t require any reply, just listed the court date for August 2013. 6. How were you served? (Mail, In person, Notice on door) In Person. 7. Was the service legal as required by your state? I don’t know. Is it legal to serve to a minor? From what I have read, no, but the mumbo jumbo is confusing. 8. What was your correspondence (if any) with the people suing you before you think you were being sued? None. 9. What state and county do you live in? California, Riverside County. 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) 2008. 11. What is the SOL on the debt? To find out: 4 years from what the link seems to state. 12. What is the status of your case? Suit served? Motions filed? You can find this by a) calling the court or looking it up online (many states have this information posted - when you find the online court site, search by case number or your name). See post. It says ‘Vacated’ next to the next trial date…. 13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) No. 14. Did you request debt validation before the suit was filed? Note: if you haven't sent a debt validation request, don't bother doing this now - it's too late. No. 15. How long do you have to respond to the suit? (This should be in your paperwork). If you don't respond to the lawsuit notice you will lose automatically. 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. Did you receive an interrogatory (questionnaire) regarding the lawsuit? Not sure how to answer this one. I did not respond to the original and the second did not request any response from what I recall. 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. I do not recall as it was over 3 years ago and I have moved 3 times since then. I can’t locate where the original paperwork is so far.
  6. 08/22/2013 10:00 AM HEARING RE: ORDER TO SHOW CAUSE WHY SANCTIONS SHOULD NOT BE ISSUED AGAINST PLAINTIFF FOR FAILURE TO FILE DEFAULT JUDGMENT PURSUANT TO CRC 3.740 (TEMECULA). Vacated This is where I get lost, also most everything reads 'Not Applicable' next to it. Another confusing issue here for me. Thank you!
  7. I don't understand any of this but it seems I am due in court on 8/22/2013 after being sued by Cap 1. What confuses me is the 'Vacated' posted under Disposition. What does this mean and any advice for my court date? Do I even actually have a court date since it says 'Vacated' next to it? My only income is and has been student grants for the last 2 1/2 years and before that I was unemployed and on medical disability (at the time of the original court date) for depression and suicidal issues. I don't even drive a fully legal vehicle (because I can't afford the repairs to make it smoggable). I am trying to deal with this without spiraling back into the depression so any help would be appreciated. Thank you beforehand! - CAPITAL ONE BANK VS P - Complaints/Parties Complaint Number: 0001 — COT Complaint (Collection - Temecula) of CAPITAL ONE BANK USA NA Original Filing Date: 02/03/2010 Complaint Status: Judgment 06/25/2010 Party Number Party Type Party Name Attorney Party Status 1 Plaintiff CAPITAL ONE BANK USA NA AEB Judgment 06/25/2010 2 Defendant J P Unrepresented DEFAULT/JUDGMENT ENTERED 06/25/2010 - Actions/Minutes Top of Form Bottom of Form Viewed Date Action Text Disposition Image 06/22/2020 8:30 AM DATE TO SET OSC RE DESTRUCTION OF FILE (JUDGMENT) 08/22/2013 10:00 AM HEARING RE: ORDER TO SHOW CAUSE WHY SANCTIONS SHOULD NOT BE ISSUED AGAINST PLAINTIFF FOR FAILURE TO FILE DEFAULT JUDGMENT PURSUANT TO CRC 3.740 (TEMECULA). Vacated Minutes 08/30/2010 ABSTRACT OF JUDGMENT ISSUED Not Applicable N 06/25/2010 JUDGMENT BY DEFAULT BY CLERK FILED 06/25/10 Not Applicable Top of Form Bottom of Form N 06/11/2010 REQUEST FOR ENTRY OF DEFAULT AND CLERK'S JUDGMENT ON THE COMPLAINT (COLLECTION - TEMECULA) FILED 02/03/2010 OF CAPITAL ONE BANK USA NA AS TO J P Not Applicable Top of Form Bottom of Form N 06/11/2010 REQUEST FOR DISMISSAL OF DOES/ROES ON THE COMPLAINT (COLLECTION - TEMECULA) FILED 02/03/2010 OF CAPITAL ONE BANK USA NA Not Applicable Top of Form Bottom of Form N 06/11/2010 DECLARATION RE COSTS PURSUANT TO C.C.P. 1033 FILED BY CAPITAL ONE BANK USA NA Not Applicable Top of Form Bottom of Form N 02/24/2010 PROOF OF SERVICE ON THE COMPLAINT (COLLECTION - TEMECULA) FILED 02/03/2010 OF CAPITAL ONE BANK USA NA SERVED ON J P WITH SERVICE DATE OF 02/20/10 FILED.(PERSONAL SERVICE) Not Applicable Top of Form Bottom of Form N 02/03/2010 SUMMONS ISSUED ON COMPLAINT (COLLECTION - TEMECULA) FILED 02/03/2010 OF CAPITAL ONE BANK USA NA AND FILED. Not Applicable Top of Form Bottom of Form N 02/03/2010 CERTIFICATE OF COUNSEL FILED. Not Applicable Top of Form Bottom of Form 02/03/2010 HEARING RE OSC FOR FAILURE TO FILE DEFAULT JUDGMENT SET 8/22/13 AT 10:00 IN DEPT. T1. 02/03/2010 COMPLAINT AND PARTY INFORMATION ENTERED - COLLECTION - TEMECULA. Not Applicable 02/03/2010 DIRECTLY ASSIGNED TO DEPARTMENT T1 FOR CASE MANAGEMENT PURPOSES (COLLECTION) TEMECULA. Minutes NOTICE SENT TO E A B ON 2/05/10 N 02/03/2010 LIMITED CIVIL-GENERAL CIVIL COMPLAINT FOR COLLECTION UNDER $10,000 CRC 3.740 FILED Not Applicable Top of Form Bottom of Form Minutes Receipt: $235.00 - Pending Hearings Date Action Text Disposition Image 08/22/2013 10:00 AM DEPT. T1 HEARING RE: ORDER TO SHOW CAUSE WHY SANCTIONS SHOULD NOT BE ISSUED AGAINST PLAINTIFF FOR FAILURE TO FILE DEFAULT JUDGMENT PURSUANT TO CRC 3.740 (TEMECULA). Vacated 06/22/2020 8:30 AM DEPT. TEDST DATE TO SET OSC RE DESTRUCTION OF FILE (JUDGMENT)