mset83

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About mset83

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  1. Thank you my answers were very similar to yours @RyanEX but yours are worded much better lol. I just had my friend sign the proof of service today so they were timely answered. On another note I received their response to the Bill of particulars and all they attached were billing statements for May 2013, April 2013 and September 2012, the Bill of sale, affidavit of sale, their welcome letter, there were gonna sue you letter and there we sued you lets settle letter lol. Do I do anything with this?
  2. Got it thanks @calawyer I think I got it down. I am getting ready to mail them my answers.
  3. Hi everyone. Well I just received some interrogatories, special interrogatories AND Requests for Admissions from Midland. How do I go about answering these? Is there a go to template on these? I have attached the questions if anyone is willing to help me out with these that would be great. I don't want to accidentally help them win this case against me. Thank you in advance. ROGS.pdf
  4. Congrats on that! unfortunately for me it didn't work. I have also been a client of capital one for over 7 years and 6 years ago (the one and only time) I made a 60 day late payment on my account. Im recently trying to repair my credit and in an effort sent goodwill letters to 4 accounts all of which were paid late around that same time frame (6 years ago). Only one removed the negative remarks unfortunately. The others were Walmart, navy federal, and LA financial which is the one that helped. All of these accounts were paid on time and it shows on my credit report. Except for that one/two month time frame when I was struggling. Any suggestions on what I can do about the non cooperative accounts? Or am I just left to wait for the 7 years to pass for them to be removed?
  5. Oh yeah I did! I went back the next day they sent me to the same lady and for some reason she sent me to another window and that lady filed it no questions asked. Approved my fee waiver and told me id receive a trial date in the mail, which I have already received set for next year =)
  6. Oh geez I hope so! The less of these I have to fight the better my stress levels will be lol Again thanks so much for your help.
  7. I believe a statement from an attorney correct? Stating they have knowledge of the case under penalty of perjury? If so there is no such thing in this new case against me. This packet seems to have just been stamped by an attorney on all signature lines for filing. Lazy bums. Unfortunately for me this is just the beginning of the lawsuits to come. I greatly appreciate the help on these forums though.
  8. I just noticed in the Complaint it has an attachment which states Cause of Action Common Counts. Is that what I should put instead of Account Stated? Also can I answer with a General Denial form? Thank you.
  9. I am preparing my case against Portfolio Recovery. Can I send a bill of particulars if it doesnt state account stated? And if so what do I put instead of account stated on the BOP. Thanks in advance 1. Who is the named plaintiff in the suit? Portfolio Recovery Associates LLC 2. What is the name of the law firm handling the suit? Hunt & Henriques, Attorney at Law Michael S. Hunt, Janalie Henriques, Donald Sherrill 3. How much are you being sued for? 3,418 4. Who is the original creditor? (if not the Plaintiff) GE Capital Retail Bank (Sears I believe) 5. How do you know you are being sued? (You were served, right?) I was sub served 6. How were you served? (Mail, In person, Notice on door) Sub service, my dad received the summons, etc 7. Was the service legal as required by your state? Yes 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? Los Angeles, CA 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) Around November 2012 11. What is the SOL on the debt? To find out: 3 years I believe in CA 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). POS filed 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 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? 40 days 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. Nothing at all
  10. Ok perfect it does not state what day they mailed the second copy of the summons but if they mailed it the same day I was served then I have until next Thursday. That sounds so much better. I knew I had more days to file but I was not sure how many so I did not want to file it late. Thank you for that information. I am not sure if I can just drop off my documents since I am also filing a request for fee waiver. I am gonna go again tomorrow since I cant go today :/ hopefully I can just explain that number 1 is denying everything in the complaint.
  11. That is exactly what I thought! I used to work for an attorney across the street from this court house so I know how stubborn clerks can be when they think they are right it is very frustrating. I left number 2 blank and they sub served me so I noticed in my case summary they filed a POS stating sub service. Ugh maybe Ill try again tomorrow in the hopes of a different clerk I hate arguing
  12. If I do have to fill out section 2 with my denials does anyone have a sample General Denial I can go by? I am so frustrated right now since I have been out of town for 2 weeks due to a family emergency and now I am so close to the dead line for filing so I am really stressing out here :/ Thank you in advance
  13. Question: I tried to file my General Denial today and the clerk would not accept it, she mentioned that I needed to check number 2 and fill it out with my denial/acceptance of each point for the complaint. I thought the purpose of the General Denial was so that we didn't have to do that in this case I would have just done an answer to the complaint. Any thoughts, do I have to check box 2 as the clerk mentioned?
  14. Thanks seadragon I am installing that program now. I believe they are within the SOL though because they listed the last payment as 8/2012. I am hoping that if this goes my way they can no longer sue since it will take approximately 1 year to deal with this case now then the SOL will have passed....I hope
  15. Thanks yea I have been reading up and im thinking of leaving it blank. Dont wanna have to prove my case. Heres hoping.