First post and very glad I have found this forum. Initial plan if I understand it correctly is to file then serve General Denial CMRRR (any help with affirmative defenses would be great), send BOP CMRRR, then start strategizing from there. I have been reviewing the stickied posts and starting to go through the older posts; I hope the information I provide is useful. Thanks in advance for any assistance.
Exact quotes, amounts, and identifying info have been sanitized and abbreviated.
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? (should be listed at the top of the complaint.) EMILY PIERCE/JORDAN D. COOK/LORI N. WILLIAMS /KRISTEN L. BRINKERHOFF
3. How much are you being sued for? $1XXX
4. Who is the original creditor? (if not the Plaintiff) Cap One
5. How do you know you are being sued? (You were served, right?) OTHER ADULT IN HOUSEHOLD SERVED 1/3 9AM, THEN VIA MAIL POSTMARKED 1/4
6. How were you served? (Mail, In person, Notice on door) IN PERSON
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? ORANGE 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) Allegedly 02/2013 per complaint
11. What is the SOL on the debt? To find out: 4 YEARS
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, NO MOTIONS FILED
13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) NO
4. 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? -30 CALENDAR DAYS (OR 40 SINCE SERVICE WAS NOT DIRECTLY TO ME?)
1. PRA VS EinCA
3. Plaintiff is LLC in CA
8. Causes of Action
X Common Counts
9. Other Allegations: See Attachment One
10. a. damages of $1XXX
d. mail everything to plaintiff's attorney until formal notice
PLD-C_001(2) FIRST CAUSE OF ACTION-Common Counts
ATTACHMENT TO Complaint
CC-1. PRA alleges that EinCA became indebted to "Plaintiff's predecessor on an account assigned, transferred and/or sold to Plaintiff. Plaintiff is the assignee of the account. See attachment ONE, incoorporated by reference hereto.
a. within the last four years
(2) because an account was stated in writing by and btween plaintiff and defendant in which it was agreed that defendant was indebted to plaintiff.
CC-4 Other: Plaintiff purchased, is current owner, "plaintiff" refers to plaintiff's predecessor in interest, see attachment 1
16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits.
Plaintiff is assignee as of xx/2014, balance was $1XXX, no post charge-off interest of fees, last payment 02/13, Cap One is creditor, bought by PR, LLC, seeking $1xxx + costs (this attachment has 10 lines, will provide on request)
Also attached were copies of 5 Cap One statements from 2013 and a Cap One "Cycle Facsimile Report" with some data on the account from 2013, a Cap One charge-off notice, a dec re reduced filing fees, and ADR info