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RyanEX last won the day on December 7

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About RyanEX

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    1-0 vs JDB
  • Birthday 04/09/1977

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    San Diego, California

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  1. Welcome to the board If PRA is the plaintiff, then it is they who are telling you Cap1 sold them the acct, not Cap1 telling you >>> an important distinction to keep in mind during the process. Your options are (basically) this: 1) No nothing. PRA will get a default judgment against you and possibly garnish your wages/bank accounts to get the money. 2) Settle for a reduced amount (still substantial) or a payment plan for the full amount. 3) Fight Most all CA members will tell you to fight. California laws are very favorable to consumers in these lawsuits and if you read up a bit you'll see why. Even if you don't want to go to trial, fighting first will get you the best deal, but the best outcome is a dismissal which is very possible if you take the time to learn how to get it. Plenty of members here to help you along the way. You should start by answering the questions in this thread and pasting back into this one. https://www.creditinfocenter.com/community/topic/242744-qs-to-answer-when-posting-in-this-forum-please-read/ The following thread is a great read on the process of defending against a 3rd party debt buyer like PRA: https://www.creditinfocenter.com/community/topic/317277-how-i-beat-midland-in-california/
  2. Good luck! As to the bolded, not surprising - you'll find that very little individual attention will be paid to your case. Midland, like others, is a lawsuit factory and when something in case needs attention, they pull it up real quick, rubber stamp whatever they need to then move on to the next file in their stack. They probably have a few hundred active cases up and down the state.
  3. FYI - see below from SD Civil Rules of Court. I'd be prepared to appear in person. http://www.sdcourt.ca.gov/pls/portal/docs/PAGE/SDCOURT/GENERALINFORMATION/LOCALRULESOFCOURT/ROCDIVISION2/ROCDIV2PORTLET/DIV II%2C CH 5.PDF From CA Rules of Court 3.670 (h) http://www.courts.ca.gov/cms/rules/index.cfm?title=three&linkid=rule3_670 http://www.courts.ca.gov/documents/civ020.pdf
  4. I don't know if calling in for a hearing is allowed/allowed on short notice, be ready for anything. Good luck!
  5. RyanEX

    Being sued.... Again (CA)

    I believe you'd have to answer on pleading paper. That's not hard though, can get you a template. May need help on the language though, will try a search on the forum for CA Unlimited cases, see if there's a sample...
  6. Sometimes the CMSs get overlooked. I dealt with Mifdland in my case and they did not file it until just a few days before the CMC, as did I. I would go ahead and fill it out and either file it before your CMC or take it with you (or both), as a courtesy. In my case the judge never mentioned it, doubt he even noticed. I'm not sure about the arbitration aspect, whether or not how/when you filed for it was a gaffe or not. If you have a chance to bring it up at the CMC, your judge may be helpful or may not, they're pretty busy these days. Do a search when you can, there are some CA members who have gone that route and may have some useful info in their threads; most of us have fought it straight up, CA laws are good for consumers in these cases. Hints for your CMC: dress professional (it'll impress your judge), be courteous to all involved as the Midland lawyer will most assuredly be a contract lawyer (rent-a-lawyer) who has no real connection to Midland. Both times I went before the judge he was chummy with the contract lawyers (but not in any way that prejudiced me). CMCs are usually quick, 5-10 minutes; it's not the time to argue your case, the judge just wants to check in with the parties and make sure things are going okay, might ask you how you plan to proceed (settle, fight, etc). Your judge may set your trial date, so know in advance if you have any dates in the upcoming 6 months/year that you cannot attend trial.
  7. I don't believe they have to attach any items to the complaint, so I don't think there is any motion to file/pursue. I would proceed as normal - if you want to see what they have you can make a BOP request or for production of documents. Or both.
  8. Whoever is serving the answer to the plaintiff, have that person fill out a POS (POS-030), but not sign it. Make a copy of both POS and answer. Now have that person sign the original POS, then mail the copies of the answer and unsigned POS to the plaintiff's lawyer. Take the signed POS & original answer to your court, get them stamped, have copies made for your records, file the originals with the courthouse. When you mail the POS and answer to the plaintiff, regular first class mail is sufficient - no need for the extra expense of certified mail for these items.
  9. RyanEX

    A Quick Thank You & Some Questions

    I 2nd the above ^ I don't think their error about the fee waiver is of any consequence. Per CA code, they have the right to dismiss without prejudice anytime prior to commencement of trial: CCP 581 (b)(1). Can't force their hand on that. As it is, I doubt they come for you again. I have have seen very few, maybe just one occurrence, where someone on this board had to defend the same debt twice (been on the board 5 years). JDBs want settlements & defaults, not defendants who will fight back. Congrats on your win!
  10. RyanEX

    Account Stated

    Welcome to the board beelee. Your chances are pretty good - so long as you take the time to learn the ins & outs of this type of lawsuit and are diligent about deadlines when they come up. Plenty of CA posters have dealt with Account Stated as their cause of action and have been fine. I don't think I've ever noted much of a difference in Account Stated threads vs others. Have you read this thread? Give it a look if you haven't, it will give you an in-depth idea of the process & happens to be an Account Stated case: https://www.creditinfocenter.com/community/topic/317277-how-i-beat-midland-in-california/. It's from 2012, but everything still applies. The main things to remember are 1) CA laws are good for consumers/defendants in collection lawsuits. 2) You do not carry the burden of proof to show this is not your debt or that you don't owe Midland any money; Midland carries the burden to prove that it's your debt, that they own it, and that it's accurate. 3) Midland is a Junk Debt Buyer (JDB), they are not the original creditor and will have a tougher time with #2 than an OC would.
  11. Welcome to the board Justjdog. Dropping the summons with an 11 yr old is not proper service. It can only be left with an adult at your residence or place of business (CCP 415.20). Perhaps this why they haven't filed a proof of service? I'm not sure what the CA code says about filing a proof of service (prior to taking other steps like filing for default judgment). It might be in the code section I linked if you want to take a look. CA law, in collection cases, give plaintiffs a long time (longer than other types of lawsuits) to find and serve a defendant. I wouldn't expect the case to be dropped over this. Obviously they know where you live; they will either 1) file a POS based on giving it to the 11 yr old (they would have to lie and say it was an adult), or 2) will attempt to serve again. Either way, you know what's on the horizon and can start preparing. A general denial will deny the allegations in their entirety. You don't have to write in that you have no recollection of the account - you will be able to do that in discovery.
  12. Yes, he'd want to file the answer by July 18th (30 days). I'd try to do it by the 16th or 17th just to have a little room in case something goes wrong on the way to the courthouse (flat tire, etc.). You should answer the questions LaneBlane posted above, they will help us help you :)
  13. See Paragragh (a) of the rule you are citing: Plaintiff is allowed more time to serve the summons in a collections case. Who is named in the suit? Just your husband, you, or both? How long ago was it served upon him?
  14. Looking good! I would proceed as normal until you see your online case file updated. But sure seems like they're throwing up the white flag, congrats!! I wouldn't expect them to take another run at you. They want easy defaults & settlements - you showed them you know what your doing and they don't want any part of that. They can always sell it to someone else, but you can deal with that if it comes up. Once it's officially dismissed, you can get the process going for recovering your costs (filing fees) and rub some salt in that wound!
  15. Calendar days means all days, weekends & holidays included. So, for example, if your trial is set for July 27th, then your window consisting of 30-45 days prior to trial would be June 12 - June27. The form just needs to be filled out & signed, then send to plaintiff's attorneys along with a POS. it should be sent CMRRR so that you can confirm delivery & provide proof if needed. Nothing else needs to be attached - keep copies for yourself, of course.