RyanEX

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RyanEX last won the day on January 9

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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. 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/
  2. 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
  3. 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.
  4. It's legit. Forgot the details of the explanation, but it benefit you as well because you automatically get the reduced fee too. Better for us, IMO; people who have had the kind of financial trouble that led to a default could probably use the reduced fee more than some JDB.
  5. FYI on 1099 debt cancellations, if you get one look into the IRS insolvency worksheet - you may be able to exclude the 1099 from your income.
  6. If that is the date of service (please confirm?), then you need to respond by Wednesday the 13th. When they serve you discovery requests via mail, then, counting from the date those items were placed in the mail, you get 35 days to place your response in the mail (30 days + 5 days).
  7. What was the date of service on the Req for Documents, Admissions that the plaintiff sent you? Edit: you should stick your original thread about this case, that one is easier to follow & it's better to keep all discussions about a single case in one thread.
  8. I don't know much about arb, is it possible it was a procedural error on your part? Arb can be a quicker way to deal with these types of lawsuits, but in a straight up trial California laws give you a lot of advantages over a JDB like Cavalry. So don't worry, start studying and you can beat them this way too.
  9. Trial in 2 weeks? If that's the case, you need to hustle. Fortunately, people have beat JDBs with less time on the clock. Sounds like you did not send them a CCP 96 Request for all evidence & witnesses they plan to introduce at trial, correct? Did they send you a CCP 98 Statement (Affidavit/Declaration in Lieu of Testimony)? I doubt they'll respond to/accept the offer you made. They want more than 10%. They always send a contract lawyer to make appearances for them; technically, because they hire them to make the appearance, they are their lawyer. What does the Advance Trial Review Order say?
  10. Nope, not in California. We are fortunate that the Civil Code requires that a creditor/assignee like Midland to not only produce evidence against you but also produce a witness, from the original creditor, that can authenticate the alleged evidence; (so long as you play good defense). 5+ years on the forum and I have yet to see a JDB like Midland produce that witness. You should start your own thread & let us know what's happening in your case by answering these questions: https://www.creditinfocenter.com/community/topic/242744-qs-to-answer-when-posting-in-this-forum-please-read/
  11. If you were just served, I'd recommend you take more time to put your answer together. You have 30 days. I'm not familiar with the arbitration route. The one thing I remember being discussed about arbitration is that JAMS is better for us than AAA - sorry I don't remember the reason why. You do want to make sure you take the proper steps, whatever direction you want to take. The Pros/Cons of arbitration vs. trial vary from state to state, as some states are more/less consumer friendly than others when it comes to the rules of evidence for trial. California has favorable laws for consumers in these cases (being sued by a junk debt buyer). What is the Rosenthal violation you believe they committed?
  12. Sounds like you were 'substitute served' (summons left with an adult at your address) - did you receive another copy of the summons in the mail? If yes, you have 40 days from the date the second copy was placed in the mail. Your online case file on your superior court's website may tell you what type of service Midland is claiming. The most common form used to answer these lawsuits is a General Denial (PLD-050), will just need to confirm that your complaint is not 'verified' (most are not). This is a good thread that will give you a road map on how to deal with a junk debt buyer like Midland, I recommend you give it a read: https://www.creditinfocenter.com/community/topic/317277-how-i-beat-midland-in-california/
  13. Cavalry wouldn't be able to sue you in Small Claims over this debt, regardless of the amount, because they are a 3rd party to the debt (they bought it from someone else). Do you have the proper Citi agreement for the year the acct was opened, and have confirmed it has an arbitration clause?
  14. You would first need to know if the card agreement has an arbitration clause, and what it says. If you don't have a copy of the agreement, you may be able to find (via internet search) a generic Syncrony agreement from the year the alleged account was opened. A general denial denies the complaint in it's entirety; it's as simple as checking the box in the PLD-050 document that @sadinca linked above. Unfortunately I don't know anything arbitration, just know that whatever you do, you'll need to get done before the 30 days are up.