RyanEX

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Everything posted by RyanEX

  1. 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).
  2. 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.
  3. 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.
  4. 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?
  5. 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/
  6. 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?
  7. 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/
  8. 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?
  9. 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.
  10. Technically, yes. The POS that is sent should be unsigned, the other copy of it is then signed and filed along with your answer. Not a big deal though, just something to know for next time. You don't need to send to each named lawyer, just one; you can go with the lawyer that signed the complaint. I personally wouldn't bother doing certified mail for the answer; the most important thing about the answer is filing it with the court. But just about everything else you end up sending to plaintiff should be certified.
  11. Just caught up on the thread - basic understanding is that Midland alleges they purchased a (relatively small) debt in 2017, so it is not past the SOL. I'd start preparing to defend the suit. Find your onine case file and keep an eye on it for any updates regarding serving you with the complaint. They do need to serve you for the process to move forward. If they have a legit address for you it'll happen sooner or later, either personally or thru substitute service to someone at your home - don't stress when it does, it's just a part of the process. All it does is start the timelines. You can look up the attorney that contacted you and see what they do (Google, Yelp, etc). Some consumer attorneys want to help people beat entities like Midland at no cost to the consumer - the law allows them to bill the plaintiff when you win. Others are more interested in offering debt relief/bankruptcy services, which come at a cost to you. CA laws are advantageous to consumers and CA members have an excellent record beating debt buyers like Midland without the help of an attorney. You can fight via arbitration or straight-up. Do you know if arbitration is an option for you? If you don't have a copy of the original terms of the card, you can probably still find generic copies of the terms (for the year the acct was opened) online. I don't know much about arbitration, but there are some threads that cover it. Read this thread if you haven't yet: How I beat Midland in California - basic strategy for fighting via the non-arbitration route. You can start working on a BOP if you like and have that ready once you are served. I wouldn't bother talking to them on the phone, those calls are only meant to help them. Midland called me once when they filed suit against me, I let them know phone calls were not welcome and that anything they needed communicate they could do in writing, and I would be doing the same.
  12. 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/
  13. 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.
  14. 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
  15. I don't know if calling in for a hearing is allowed/allowed on short notice, be ready for anything. Good luck!
  16. 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...
  17. 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.
  18. 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.
  19. 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.
  20. 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!
  21. 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.
  22. 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.
  23. 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 :)
  24. 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?