newbielitigator

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About newbielitigator

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  1. Update: Interrogatories, Request for Admissions and Request for Production sent by Cach -Answered by Defendant BOP meet and confer demand letter sent twice Court ordered Case Management Conference Case management statement filed by Defendant timely (Cach never filed) Cach filed motion for dismissal w/out prejudice Case dismissed w/out prejudice
  2. Okay they responded to the BOP with the exact same thing as the verification of debt. (we called the attorney when we got the lawsuit-they never called us back and sent the same thing as they did for the BOP), I have waited .. just recently got a notice from the court that we have a Mandatory Appearance Case Management Conference . After seeing that I sent a meet and confer letter for the first BOP. Please note The bop contained a list of statements all made out to a corporation now defunct , nothing with defendants name on it. They did send the contract assigning the debt to Cach. I am not quite sure how to proceed. First, I have written a motion to compel Bop. Should I file? Second, I am really unsure how to fill out the case management statement. Third, I received this sweetly signed letter stating that I needed to call the Plaintiffs according to the court rules. Thank you for any advice you may give!
  3. Okay Helping Greg, I will await the meet and confer and/or second opportunity example letter you have read. Thank you so much!
  4. Okay just looked further and see that a meet and confer is required before a motion to compel BOP and that motion may be filed anytime. So I thought I would leave that on the back burner, so to speak, and send interrogatories. Can you please give me your opinion on this course of action.
  5. In reply to Helping Greg, As I explained I did get their response to the BOP (see my response above) and it provided nothing. So I am wondering why do a meet and confer? Just curious as to why a meet and confer rather than pouncing with interrogatories? Thank you for your help!
  6. In summary I have answered the complaint and sent the BOP. They sent me the most recent copies of ABC credit card (April-August 2007) statements that were sent to my home address in the name of ABC, along with a copy of a Bank of America “computer printout” that listed me as the guarantor for the credit card account, (no original signed contract) also the tax I.D. for ABC company and a letter stating that CACH had the right to collect the debt from Bank of America. I do not know what to do next.....
  7. To Calawyer: The complaint is only against me and my alleged debt. There is no mention of a guarantor. They did not name the company in the lawsuit as a defendant. Frankly, I do not remember whether there was an agreement signed or not.. and would very much like to see evidence of such an agreement. Is there a way to elicit that in my BOP?
  8. Hello Calawyer, I thought you were asking if I had a written agreement with "Joe" or "ABC Corp.". There was a lot of confusion back then due to Joe's person problems and I do not remember any written agreement. That is why I sent the BOP.
  9. Hi Calawyer, No there was no official written agreement. It was a verbal one.
  10. in reply to Homeless in California: The answer was filed by myself in pro per. The complaint filed named me personally and did not name the corporate entity. In summary of the background for this : “ABC” Company was a California Corporation established in 2004 and was 100% owned by Joe, a friend of mine. In 2006-07, I shared office space with ABC and provided some consulting work to them in lieu of paying rent, including helping ABC pay bills and manage some of their finances. Joe was going through a bitter divorce at the end of 2006 and had personal funds tied up and was unable to get additional credit. In Late 2006/early 2007 (I’m not sure of exact time) ABC got a credit card offer in the mail from Bank of America. To help with ABC getting some credit, I agreed to have a ABC credit card issued in my name. This credit card was used for ABC company purchases and for cash advances that were given to Joe. Joe had online access to the credit card account and Joe/ABC made payments on the credit card account as they were due.In mid-2007, I established a new company XYZ, that purchased some of the assets of In mid-2007, I established a new company XYZ, that purchased some of the assets of ABC. Joe subsequently closed down the office of his company and moved out of state. The department of corporation lists his company as suspended. As far as I know the company was never dissolved. In 2012, Joe passed away. The last ABC credit card payment was April 2012. ABC Company credit card statements continued to be sent to Address2. These credit card statements never contained my name. I sent these back marked return to sender. In summary I have answered the complaint and sent the BOP. They sent me the most recent copies of ABC credit card (April-August 2007) statements that were sent to my home address in the name of ABC, along with a copy of a Bank of America “computer printout” that listed me as the guarantor for the credit card account, (no original signed contract) also the tax I.D. for ABC company and a letter stating that CACH had the right to collect the debt from Bank of America. I do not know what to do next.....
  11. Posted 21 July 2005 - 05:22 PM For everyone that posts here, it will help us out if you can provide the following information: (revised 02-09-2012) If you are inquiring about a lawsuit in which you are the defendant (ie you are being sued), you need to answer the following questions (as much as possible): 1. Who is the named plaintiff in the suit? I am 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Mandarin 3. How much are you being sued for? 16,000 4. Who is the original creditor? (if not the Plaintiff) Bank of America 5. How do you know you are being sued? (You were served, right?) served 6. How were you served? (Mail, In person, Notice on door) in person 7. Was the service legal as required by your state? yes 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? They sent notice to a corporate entity I was involved in. 9. What state and county do you live in? ventura county, ca 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) Over 3 years ago. 11. What is the SOL on the debt? To find out: 4 years Statute of Limitations on Debts 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). complaint served, answer filed, Bop sent and answered (with just a bunch of account statements to the corporate entity, noneof which have my name) I also just found out that They also attempted to file a default judgement after they were answered. The court rejected it. 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 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits.They sent no evidence with summons. My question is this: All the charges they sent does not have my name on it only the name of the corporate entity. The corporate entity is defunct. Former owner has passed away. They never filed against his estate to try to mitigate their damages. Now that I sent the BOP and got basically nothing do I do a meet and confer and how on earth do I word the letter?