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RyanEX last won the day on January 9

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About RyanEX

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  1. Regarding Meza v. Portfolio Recovery Associates, everything is fine. See calawyer's thread: https://www.creditinfocenter.com/community/topic/330400-ccp-98-decision/
  2. Don't concern yourself with CCP 98 at this point - that comes into play if you answer the lawsuit as is and you are further along in the process, approaching trial. It will indeed help you if that's what you end up doing. Your bigger questions are 1) dealing with the issue of your address, that you live in Los Angeles but are being sued in a different county. 2) whether it was appropriate for them to sue on two accounts in one lawsuit (maybe it is, but I have not seen that before). And 3) exploring arbitration as an option.
  3. You'll be fine. What I wrote is the "proper" procedure, but many (including plaintiffs) have done it the way you did. Yes, ASTMedic's thread/strategy works for Account Stated.
  4. Procedures vary from county to county. I didn't have MSC in mine (San Diego County). Though I think an MSC is likely to be scheduled closer to a trial date? Anyhow, keep an eye on your online case file, if you just filed your answer then the case file will probably get updated in the nest few weeks.
  5. a & b: Put the name & address of the attorney; send it to them. Proper procedure is for you to fill out and sign the answer, then the person serving it will fill out the POS-030, but nor sign it, yet. Make copies of the answer & POS, place the copies in the envelope (POS unsigned) and seal. Person serving will then sign the original POS and can now mail the envelope. Then you take the original signed answer & POS to your courthouse, get the answer time stamped, make copies of both, and file the originals. Keep the copies for your records. Hope that's not confusing. Welcome to the board!
  6. You will need to pay the filing fee when you go. Don't remember the amount, but it would be the same amount that Portfolio paid. If you don't have the money, fill out a fee waiver request, even if you don't qualify - it'll buy you time to get $ together and allow you to file the answer. http://www.sdcourt.ca.gov/pls/portal/docs/PAGE/SDCOURT/GENERALINFORMATION/FORMS/CRIMINALFORMS/PKT010.PDF
  7. YES! Answer now!! Today if you can. You didn't lose your chance to answer because you didn't get it in within 30 days, you can still answer - but it's a race as to who files first, you with your answer or Portfolio with a request for default. Whoever gets it in first wins, so to speak. I don't have any details regarding your case - if the complaint is unverified then you can use the General Denial https://www.courts.ca.gov/documents/pld050.pdf. It's a simple form, just your name & case info and a check box + signature. Fill it out along with a proof of service https://www.courts.ca.gov/documents/pos030.pdf , make copies of both. File the GD & POS with your court and then send plaintiff the copies. (Normally the proper procedure is to have the copies mailed first & then file - but you're up against the clock, prioritize filing but get them both done same day). It's very important you file your answer before Portfolio takes files for default.
  8. I don't know much about arbitration, to be honest. But, to your question, I would think you can invoke aarbitration without acknowleging it was yours...language like "alleged account" or "card agreement that would govern alleged account" etc. Far as I know, you want to use pleading paper when filing such things with the court, if there is no state supplied form that would substitute. You can find pleading paper templates online that will work, just do a search. Example: https://templates.office.com/en-us/Legal-pleading-paper-28-lines-TM03992040
  9. You're totally fine. Obviously you lost this particular battle, if you would have been able to compel arbitration you could have won this quickly - now you'll have to settle for winning over a longer term. Midland is very beatable in CA with a trial. Read more here: https://www.creditinfocenter.com/community/topic/317277-how-i-beat-midland-in-california/ By the way, the nitpicking the court demonstrated in denying your motion (for POS, formatting)... is the same nitpicking you can employ against Midland when it comes to their evidence. Having to proceed with adherence to the CA Civil Code of Procedure: it cuts both ways. Do you have a trial date?
  10. Yes, you can send a BOP (Bill of Particulars) right away. There some examples in the CA threads. As far as arbitration goes, I don't know if that's the best course in your case, you may be better off fighting via trial. I didn't use arbitration, nor am I versed in the procedures - but as understand it, the appeal of compelling arbitration is that it makes most cases cost-prohibitive to a plaintiff. They may be saddled with most of the costs, which would be several thousands of dollars, so they often back down because it doesn't make sense to pay $5,000 (or more) in arb fees in order to win a $3,000 case. But since you're being sued for $20K, they might find it worth the cost. Hopefully a few others will chime in with their opinion. If you do fight via trial, know that CA laws are favorable to defendants in these cases. In CA, a JDB like LVNV bears the burden of proof in this case. You do not. This enables you to focus solely on playing defense. LVNV will likely need your help to prove their case, meaning they will need you to admit to it in some form or another; your best strategy, in a trial case, is to deny them any such help. Read this thread for more on trial strategy: https://www.creditinfocenter.com/community/topic/317277-how-i-beat-midland-in-california/
  11. Okay, from what you described you were Substitute Served - meaning the summons was given to an adult (not you) at your residence (or place of business). They are still required to place a additional copy of the summons in the mail and send it to you, service is considered complete on the 10th day after that 2nd copy is placed in the mail...then the 30 days begins. So, in summary, wait for the copy that comes in the mail and whatever date they state it was mailed... you have 40 days from then to file your answer. http://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CCP&sectionNum=415.20
  12. JDBs tend to use the same discovery requests over & over & over... I still have mine from Midland so I'll compare to yours, should be similar. The date of service on these requests was Feb 11, so you need to place your response in the mail by March 18 (30 days + 5 days because it was mailed to you). Plenty of time.