I sent off the CCP96 request and heard back today. Although they Objected to the request as "being untimely," they supplied a list of exhibits and witnesses (Bill of Sale, Affidavit of Sale, data record and 5 possible witnesses including the individual already subpoenaed to testify.
At the same time, but in a separate envelope, I received a letter from Hunt & Henriques stating that they would like to resolve this matter before trial and are authorized to extend an offer of "mutual release of claims" with each party bearing their own costs and fees. I have a few days to respond before the offer is withdrawn.
So, my question is, if I accept a mutual release of claims can I request that the dismissal be with prejudice so that they can't refile the case? I'd rather not go to trial, but I also don't want this starting all over again a couple months down the road and there is still about 8 months left before statute of limitations runs out.
Since my earlier question started mid-case, I have included the answers to the forum questions to provide better background information.
1. Who is the named plaintiff in the suit?
Portfolio Recovery Associates
2. What is the name of the law firm handling the suit?
Hunt & Henriques
3. How much are you being sued for?
4. Who is the original creditor? (if not the Plaintiff)
Portfolio Recovery Associates
5. How do you know you are being sued? (You were served, right?)
I was served
6. How were you served? (Mail, In person, Notice on door)
7. Was the service legal as required by your state?
8. What was your correspondence (if any) with the people suing you before you think you were being sued?
9. What state and county do you live in?
Los Angeles County, California
10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations)
Documents state 5/2013
11. What is the SOL on the debt? To find out:
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).
- Suit Served
- Responded with General Denial
- Received Declaration in Lieu
- Subpoenaed the Declarant
- Trial was continued because the declarant was unavailable
- Sent a CCP96 to Plaintiff
- Plaintiff responded that a CCP96 was untimely, but provided a list of exhibits and witnesses
- Plaintiff sent a letter with an offer for a "mutual release of claims"
13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?)
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.
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?
I have 4 days to respond to the offer of a mutual release of claims, otherwise trial is in 2 weeks.
16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits.
The CCP96 response includes:
- Bill of Sale (with attachment of a data record, but no list of assets)
- Load Data (I think this refers to the data record showing name, partial account number, etc)
- Affidavit of Sale (from the original creditor)
- Billing Statements for 1 year
- a list of 5 potential witnesses (one of these witnesses is the Declarant who was subpoenaed and is supposed to show up for trial)