Berfie

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Everything posted by Berfie

  1. @ Anon - Also the SOL will begin October 2015 which will make it 4 years. I didn't ask my representative what made them to dismiss the case but my representative spoke with PRA lawyer. Perhaps it was a combination of all the things: Submitting 2 previous CA invoices prior to PRA; Having no income; Being on assistance like Medical, etc., Having made a few payments; also perhaps my rep notice something on the BOS and the Affadavit of Sale, or perhaps there was a violation of some sort that made them to backoff and probably decided it was not worth the money to go after me. Who knows. I"m just relief. However, I will read the contract carefully before I sign it. Something dawned on me, could they sell off the account to another CA?
  2. @ Anon Amos Yes but in return it will state that they will NOT sue me in the future also nor will they are to NEVER to contact me neither.
  3. Sure will Sadinca, thanks for reminding me to check the docket.
  4. Ok folks, for me this is great news. I just got word from my representative that she spoke with PRA and that they will dismiss the case. I will be sent a form to sign stating that I will not be suing them in the future nor are they to go after me in the future. My representative told them I have no income and I'm on Medical and food stamps and there is no way I would be able to pay them if they won. So they decided to DISMISS. I thanked my representative and now that heavy burden has been lifted off my shoulder. I wonder if those documents from 2 different CA (before PRA) played a role in this? Now I'm not sure whether to feel OR :'> be cautious about this I am not to concern about my credit report since I have 3 credit card charged off and 2 medical bills in collections all becuase I have been unemployed for 2 years. I too wonder if PRA have been checking on my report and realize I'm not paying my bills. Ok I need a
  5. @ Anon, no address is shown of the "Affadavit Doc. Specialist. This is what is says: BEFORE ME, on the day and date set forth below, the undersigned Notary, being qualified and commissioned in and for the county and state aforesaid, personally came and appeared "Affadavit Doc. Specialist Name", who being duly sworn, did depose and say: Affant is an Affidavit Documentation Specialist at Synchrony Bank formerly known as GE Capital Retail Bank, issure of the relevant consumer transaction/credit card. I have reviewed the information below regarding the debt (Account Number blacken except 4 last digits) - the "Account" made by (My name) - "Debtor" made payable to Synchrony Bank and subsequently sold to PRA. The amount owed on the account on 3/2013 is $______ was sold to PRA and is reflected in the system of Synchrony Bank formerly known as GE Capital Retail Bank. The following statement pertains if the debtor reference above is a state of California resident: I certify under the penalty of perjury under the laws of the state of California that the foregoing is true and correct. Executed in September, 2014
  6. The "AFFIDDAVIT OF SALE" document was notorized in the state of Minnesota in the county of Ramsey
  7. I guess it is the same Anon. It says "DECLARATION IN LIEU OF PERSONAL TESTIMONY PERSUANT TO CCP98
  8. Wow we are now into the New Year and today the Plantiff PRA sent me documents today. Tomorrow I will have to contact my representative to let her know I got documents from them. The first page is a Witness Personal Testimony stating that he or she serve as a Custodian of Records and perform the following job functions, oversee and monitor accounts involved in litigation and maintaining the books and records of same. Part of job responsibilities is the custody of the records pertaining to me (Plantiff). Exhibit A: Is the credit card agreement Exhibit B: The Bill of Sale - In the declaration it states the terms of sale contain confidential and proprietary information. Because of that it is not attached. A copy of the Bill of Sale which does not have my account number nor my name but it has 6 signatures from 6 different companies its subsidiaries and such. One from GE Capital Retail Bank, Monogram Credit Services, General Electric Capital Corp., GEMB Lending, RFS Holding, and GEM Holding. Then there is the Affidavit of Sales states that this person is an Affidavit Documentation Specialist at Synchrony Bank formerly known as GE Capital Retail Bank. That Affidavit has my name and the account is number is blacken except for the last 4 digit. Now through out the declaration is states that PRA was assigned but the Affidavit states it was sold. Is there a difference? Also the charge off (bad debt) as stated in this person's declaration occured in May 2012. On March 2013, PRA was assigned their rights, title and interest to the account. So what happen to the account between May 2012 - March 2013 (PRA came into the picture)? Exhibit C: A billing statement Exhibit D: A "Notification of Intention to Incur Court costs by Filing Suit" letter to me. (I guess they forgot to include the first letter -" my account went to the ligitation department. I wish I could have scanned the document I don't have a scanner and I do not have money to scan it up.
  9. Wow just got back from the Case Management Conference and I was nervous for nothing. I got there and found the room almost full. I walk up to the bailiff to fill out a form at my seat among others. The judge then called out the case names Smith vs. Plaintiff one by one, and mostly the attorney's would show up except Defendant and they were fined for $350.00 As for the attorneys, they were some mostly on the phone. Now the following 2 females cases were on Credit Card Debt. The first young woman who was representing herself took out her paper and started to say "I object what the plaintiff is claiming and she continued on with some legal terms" and the judge stopped her and told her she was nervous and it looks like she is not trained to be a lawyer. So he suggested for her to get a lawyer even if pro bono because she defending herself she could lose. Then another female was nervous and stated that she admitted she owed the debt (Ouch) and she wanted to settle. So then my name came vs. PRA, I walked up and judge asked me if I was so and so, and I said yes your honor. I stated I filed all my answer, case management statement . He then asked if I have tried to settle this case, I told the judge "Your honor I tried but was denied". I also stated what I wanted from PRA. So now my court is not until next year Feb 2015. Meanwhile, I may need to get a lawyer due to my getting nervous and I could start stuttering, and may say something that could come against me. I am very introvert person, and I do not have an aggressive personality. So I shall see. What I found weird that the lawyer who was at the front table with me also was at the front table with the previous females. Once the judge told me my court date, I grab my stuff from the table and walked past the lawyer and caught a glimpse of his sheet where has all the case. Not just PRA, but also Midland, CACHE, etc. 1 Attorney representing ALL Plaintiffs. Is that common? I know sometimes CA will hire a law firm to handle their case and inturn hire a nearby lawyer. But 1 attorney for ALL different Collection Agency. So looking back I feel like a fool for panicking for nothing...sigh. So this is how I began my day today LOL.
  10. Just going thru my credit report and I notice there is 2 dates on the charge off from the OC. From ___ 2012 to ___2013. Since PRA is suing me they did not purchase the account until 2013. There are 2 previous CA before PRA I notice the date of the second CA invoice, dated 11/2012. I viewed my other credit reports and it does not have a dates of charge off but it does have CO (Charge Off) for 2012 thru 2013). I assume there should be 1 date where they charge off and not 2. I wonder if they could be used to benefit my side (discovery?
  11. :nannersplit: ::punk:: ::travolta:: Wow I'm reading alot of posts today where folks are winning against JDB. You Rock Qckstx. I hope that JDB will realize many of us are not going to lay flat and have them roll over us. We shall stand with our heads up and fight
  12. :punknanner: xdrinkndropX :clapper: Congratulations!!! Wow you had 3 cases...ouch. It is great reading positive news like this. Going thru hurdles and such.
  13. @ StlCards - ALL RIGHT...YOU ROCK!!!! I hope and pray I have your strength when I have to stand before a judge or else I will need a barf bag and Paramedics LOL. CONGRATUALATIONS
  14. @1 Step- Can the BOP be requested during the Case Management Conference, or must it be done before the meeting? I assume I wouldn't need to because the Case Management Statement does state what is requested from them.
  15. @1Step - Also on the Case Management Statement for Meet and Confer: It states that I called the Plantiff (PRA) after receiving Summons and Complaint but did not reach an agreement. So far, they have not filed a Case Management Statement on their side nor have they send me anything and the CMS will be next week. I have documents that PRA sent me but not just them but also from other CA. I thought of waiting it out until after the CSM to then send it to them. What they don't know I have 2 notices from 2 CA before PRA . I don't want to give them the heads up on it. Am I wrong on that? 1Step - what is a BOP? Is that like a Bill of Sale?
  16. @Tom - I haven't paid nothing since last year in September. Yes they have been calling but have not answer them - period. Just wanted to ask ask about the process during and before the Case Management meeting.
  17. Wow time as gone by. I have filed the Proof of Service and the Case Management Statement sometime last week and half ago. On the CMS for Description of Case: Common Counts Brief Statment: PRA alleges that I owe this amount $$$$$ on a Common Count theory. Now on the Discovery box that was checked: Defendant....Request for Production of BOS TBD / Defendant.....Interrogatorries TBD / Defendant......Request for Admission TBD. Have no clue what does TBD mean. Now what happens if they don't submit any discovery documents before the Case Management meeting? Also is there anything I should take with me? Like my binder with documents, pen, paper, etc. Just asking...I'm still nervous I still have butterflies in my stomach I can feel them flying around HA!
  18. Ok I have several medical bills already in collections and 3 credit cards that has not gone into collection yet and I have 1 Collection Agency that is suing me already. If I try to pay off one of the 3 credit cards, will that trigger off to the collection agency that is suing me by checking my credit report OR is it just better to ride if off until this court situation is over? I really don't want to be dragged into court again by another collection agency. Any thoughts?
  19. @Anon Amos - "Affidavit of Sale" - why would that make it better? Isn't a Bill of Sale the same?
  20. If one submit bank statements to Plaintiff can one black out some items that you don't want for them to see what you have purchase?
  21. @ XLC I being sued by them also and after receiving the summons I called and we made an agreement over the phone however when I asked if I can get a written agreement I was denied then I asked if I will get a monthly notice = DENIED again. So I thought forget it I will not answer or contact nor will I pay anything to them until this is resolve in court. I asked about the court situation and the rep told me that I must go thru the court proceedings. So perhaps the only regret is paying them in the first place but I got imitated by "Your Account Went To The Litigation Department." I would fight it, and do not speak or contact them. XLC have you posted the questions regarding your lawsuit so that others may help you? I believe Tom is right. Do not back off, fight them. Have they proven they own the debt?
  22. I would not bother with Credit Cards anymore they are more of a problem than a solution into acquiring what you want. I rather save. Right now I have 2 semi-large debt with CC and 1 small CC debt. However I want to try to save one for an emergency. I have a friend who did that. She was taken to court and sued by a CA for a CC debt. Yet she was able to save one for emergency only. I decided enough is enough I feel CC are debt traps. One never knows what can happen in the future and unable to make payments like me. So I rather deal with CASH only.
  23. That crap better not come to California or any other state. Especially how the EDD has been behaving here in California.
  24. I am curious, can't a Credit Report show when a last payment was made to the original creditor? Does it have to be a checking account statement?
  25. Ok went to file at court. I was given a notice of a Case Managment Conference in 2 months. What happens there? Is it like a trial before the judge?