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About NeednSomeHelp

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  1. Thanks shelliah98! For future readers: This is where I found seadragon's awesome BOP template (which stands for Bill of Particulars btw) - you have to scroll down quite a bit, but you'll see it So I have been reading that thread by ASTMedic and I didn't find anything about BOP, unless that is what he calls the "Request for Production of Documents," is this the same thing? And again, because I will be mailing my GD with POS, I can use POS-030 right (because this form is specifically for Proof of Service by First-Class Mail)? And where you (@shelliah98) say: Does that mean I put the plaintiff's name (i.e. Cavlary) everywhere on the POS where it asks for "Person Served," not the attorney's? It's just a little confusing to me, but perhaps I am just over thinking it. When I address the envelope to mail my GD and POS, do I put the Plaintiff's name, and then the attorney's address on the envelope, or the attorney's name? This is where I am getting confused. There's just so many names that it's hard to keep track of which goes where. I see the attorney's name, the plaintiff's name, the name of the law firm… so many names… How should I address the envelope? So to sum up the questions I would answers to: - Can I use POS-030? - Do I put plaintiff's name everywhere on POS where it asks for Person(s) served? - How do I address the envelope (whose name(s) am I using on it)?
  2. So I am reading mambear's post and I keep seeing "BOP" and am wondering what the heck that is… I couldn't find anything on what that could mean (do I even need to worry about this?). Also, I am filling out my POS form right now and am planning on mailing my answer to the plaintiff, so should I use POS-030, or POS-040? (I'm thinking POS-030) And where it asks for the "Name of Person Served" do I list all of the attorneys that are on the complaint, or just the one that actually signed? (This seems like a dumb question to me, but alas I'm paranoid and don't want to mess it up). ​I also read here that the best way to file this GD and POS is to "take the signed GD and make two copies. You take all three to the courthouse, file the original, and get the other two stamped. Then your spouse fills out the POS and makes 2 copies. Put one copy in with the GD to mail to the plaintiffs attorney. Then you go to the courthouse to file the original of the POS. In this way you have circumvented the Catch 22 aspect. However, it means two trips to the courthouse." Would you agree? Again, I am very appreciative of all your replies!
  3. So I'm still looking into the the date of my last payment - I'm pretty sure it was over 4 years ago so the SOL bank location issue may not matter (but thanks for the info Anon and BV80!). I am currently filling out my General Denial and am looking for input on what I should put in the affirmative defense section. As of now I am thinking of putting: "Plaintiff’s claims are barred by the statute of limitations." and "Plaintiff lacks standing to sue." Is this fine? That's all I can think of and I don't want to over do it.
  4. Thanks for the input! I thought that the SOL depends on the location of Bank of America, which is Delaware (thus 3 year SOL)? Is that not true?
  5. Thanks a lot for the advice RyanEX! And the charges are for Account Stated; Money Lent in the amount I posted.
  6. IS MY COMPLAINT VERIFIED? Hello all! So, I've been looking through these forums and they just seem so awesome and helpful! I've been searching for a case similar to mine and I believe I found a very helpful one here: http://www.creditinf...a/#entry1202922 BUT… I need to know If my complaint has been verified. The filed Complaint itself has no mention of the statement "I declare under penalty of perjury of the laws of the State of California that the foregoing is true and correct this date…" - the only place where that statement is present is on the Statement of Venue - so is this considered as a verified complaint? All that is present in the Statement of Venue is: I, the undersigned, hereby declare that: (1) The contract herein sued upon is hereinafter called and referred to as "the contract". (2) This action is filed in the judicial district in which: One of the defendants currently resides. Is this a verified complaint? Thank you all so much for your help!! P.S. I'm still looking into when my last payment was and I will update by tomorrow with that info. 1. Who is the named plaintiff in the suit? Cavalry SPV I, LLC. 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Winn Law group 3. How much are you being sued for? $2563.46 4. Who is the original creditor? (if not the Plaintiff) FIA Card Services, NA/Alaska Airlines (Bank of America) 5. How do you know you are being sued? (You were served, right?) Was served. 6. How were you served? (Mail, In person, Notice on door) In Person. 7. Was the service legal as required by your state? I believe so. Process Service Requirements by State - Summons Complaint 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? Sacramento County, Sacramento California 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) 11. What is the SOL on the debt? Since its Bank of America I believe that it's 3 years 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). Summons Filed - Proof of Service of 30-Day - Summons and Complaint filed as of 4/10/14 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. And 'tis too late. 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? Have 30 days from 4/10/14 - or is it from the day I was served, which was the 4/8/14? Claiming that no part of the $2500 debt was paid to the plaintiff. "Within the last 4 years, Defendant became indebted to original creditor (see answer to question 4) in the sum of $2563.45 for money lent to or paid out… Neither the whole or any part of the above sum has been paid. Judgments prayed for by plaintiff: (1) Principal of damages in the sum of $2563.45 (2) Costs of Suit (3) Such other relief as the Court may deem just and proper. No questionnaire. 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. No affidavits, no statements from OC, no contract, nothing attached as an exhibit Again, thanks so much for your help!