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watthehdidjessiejacksonsay

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  1. Thanks so much for all the replies guys. I, again, really appreciate the info. I qualified for pro bono legal aid and so do not have to continue with representing myself. I would like to give a little something back to this forums since this was really my saving grace when I received the summons in the mail. (I was able to find the legal aid by looking into referrals from this forum too!) So, I would like to keep you all apprised of what steps the lawyer is taking and how my case resolves. Also, the lawyer informed me that the police report is a precautionary measure (in my case) to establish a fraudulent claim and for me to say that I pursued avenues of amending the fraud situation outside of court. So I am tasked with contacting the original creditor and obtaining either a fraud affidavit from them or a statement of the account in question. Anyway, the lawyer assigned to me sent out the following forms: 1) A General Denial (form PLD-050) with like "17 Affirmative Defenses" (can be found on this forum) 2) the BOP (Bill of Particulars - can be found on this forum) 3) A "Defendant's Special Interrogatories (Set One)" which appears to be a list of questions regarding the information that Persolve has and is requesting that they state/identify the date account stated was formed, date account was opened, parties involved, identify custodian of records and other stuff and send it to me 4) A "Defendant's requests for admissions (set one)" which appears to be more attributed to my case specifically because of the fraud aspect.. It lists a bunch of requests for admissions by persolve that "there was no account stated between original creditor and defendant", "that there was no account stated between you and defendant" - etc. 5) A "Defendant's Request for Production of Documents (Set One)" - This one seems to be similar to the BOP but it states a list of documents such as the original document, all documents relating to damages you are claiming in this action, all documents supporting your calculation of your alleged damages in this action, a copy of all billing statements sent to defendant for the account alleged in your complaint, etc. You can find examples of these online and on these forums. I could upload copies of the documents I have but I wasn't sure how much of that would be useful outside of similar circumstances such as mine? If requested I will see about getting a copy of the items listed minus my own information to help others dealing with persolve. Also, if you are low income or just graduated and looking for a job as am I, you can request to waive court fees which is amazing when you are broke! Thanks again for everybody's help I would have been completely lost without this forum so again, I'd like to provide whatever assistance I can even if it's just detailing what I go through to potentially help others dealing with these scumbags.
  2. Ayyy....! Well I did not speak to the lawyer, I thought it would have been better to go through the company itself.. My mistake. They looked up the case number to locate the records and they told me that there was a social of last 4 digits XXXX which I verified was mine then they said that there was a second social of last 4 XXXX and asked if it was my spouses or families and I said I did not recognize it. I kept everything I said minimal because I was worried they'd try to use that information against me. I will send the BOP out today and do you think it is worthwhile to pursue the police report? Could it hurt me or my case? Also, I think I should really wrap my head around how predatory and evil these people are. I read about their practices and the shady business they are involved in and it's just baffling that something like this can so blatantly exist in our legal system and receive no repercussions. Thank you again. Much appreciated
  3. OK quick update! When I called Persolve to verify the individual they mentioned that another social security number was attached to the account they are seeking to collect on. They gave me the last 4 digits thinking that it was a spouse or family member but it is neither. After examining all the people in my life who would know my social I can determine that it is not somebody I know. So they have 2 social security numbers on the account, one of which being mine the other being someone unknown. So I called a pro bono legal aid society based in San Diego (http://www.lassd.org/pro_bono_program.htm) to see what else I could learn and they directed me to a Identity Theft Resource Center @ (1-888-400-5530) who informed me that I should file a police report and get a notarized affidavit claiming it was not me along with things to verify identity such as signature, proof of residence, etc., and then file it with the court clerk and send also to the JDB. The only thing I've done so far is get this Bill of Particulars typed up and ready to send off. I feel that it's the best place to start because I would like to know what they are looking at. Should I also pursue the police report and affidavit? I'm unsure what the ramifications would be, I'd like it to be as easy as sending that information in and getting the case dismissed but are there unforeseen ramifications there? Can I fight this as identity theft as well as fighting the debt collection? Thanks again for any replies. This is all new to me and I really appreciate your assistance. (So glad this place even exists!!!)
  4. Thanks for the 2 cents. I did call them, that was hair-raising by itself, because I have a common name and they were able to verify my information... And it is even more odd because they are alleging that a company called "care credit dental" is tied in with General Electric Capital as a additional or prior creditor. The strange part is I've never had dental work done.... but anyway they have my info so I'm looking to send off this Bill of Particulars. The "cause of action" listed in the complaint are: 1) Open book account against all defendants 2) money lent against all defendants 3) account stated against all defendants It doesn't specify particularly a form to use that I can find but there is a page that says "It is the policy of the San Diego Superior Court to strongly support the use of alternative dispute resolution ("ADR")" which explains the last page of the summons which is the "stipulation to alternative dispute resolution process." So I'm going to get this BOP out today and see what kind of info they send back. I'll be sending it certified mail receipt requested and I'm using the sample BOP from within this forum. I'll keep updating as I go along. I really appreciate both of your responses, it means a lot to me. Thank you.
  5. Hello all, Just stumbled across this forum because i was served, today, by Persolve, LLC and Edit Alexandryan. This forum was amongst the top results for the search "sued by persolve"! Anyway, my case appears to have several similarities as others on this forum. I have read homelessincalifornias posts, astmedics, and a number of others and gotten some great information from them. I was served 2 days before the SQL limit in California which seems common for these Persolve people. The difference with my case is that the alleged account that I have not paid does not exist in my credit history. I have never had an account with the original creditor. I can't find any evidence of the original creditor anywhere in my financial records. I have never received a debt collection letter from the original creditor or the debt collection agency. I've been reading about the BOP and ccp96 but I'm not sure if that's a direction I should take in this case. I also have a "general denial" saved and ready to go as well but since this account is not mine I'm really at a loss. I would greatly appreciate any and all advice from you who have any idea what to do here. I am absolutely grateful that this forum exists and I would like to contribute as this case progresses, I will keep you all in the loop. Here is some more information from the summons: . 1. Plaintiff named in suit is Persolve, LLC dba. Account Resolution Associates 2. Suing for $2,700 and change 3. Original creditor: General Electric Capital 4. Plaintiff's assignor: Crown Asset Management, LLC 5. Summons were served in person, legally (as per California) 6. I reside in San Diego County, California 7. Last amount paid supposedly: October 22, 2010 8. SOL is 4 years in california, so 2 days away from SOL passing because the complaint was filed October 20th 9. There is no status on my case as of yet. I looked up the case number and it is blank. Just lists plaintiff/defendant and date filed. 10. I have not disputed the debt with the credit reporting agencies because it doesn't even show up on my credit report. I pulled my credit report from all 3 agencies in August of 2014 and it is not on any of them 11. I have 30 days to respond to the suit 12. They are claiming a contract breach "Rule 3.740 collections (09)" 13. The complaint is not verified, there is no declaration page 14. There is no attached evidence with summons And lastly, the final page of the summons is a "Stipulation to use of alternative dispute resolution process crc 3.221". But it is blank... I would be eternally grateful for any advice. I was thinking of getting a lawyer after I read a number of posts on this forum because my blood was boiling and I would relish the opportunity to make this a costly litigation for them but I am not in a financial situation to afford such a thing. I recently graduated with my 4-year degree and minimal student loans and was looking forward to living debt free when this blindsided me. I will keep browsing the forums looking for more information but again I SUPER APPRECIATE any and all help. Thank you so much for reading.
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