buzziB

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Everything posted by buzziB

  1. I had it attempted 3 times, but nobody at the law office she was using would accept the subpoena on her behalf. Is there a different form to fill out for "unable to serve", or should I just use the 2nd page of SUBP-001, and state that nobody at the office would accept?
  2. I also noticed that in the affidavit they stated that I opened the account 7/1/1996, when I was 13. Not sure if that matters at all.
  3. 1. Who is the named plaintiff in the suit? GCFS, INC 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Legal Dept. of GCFS, INC 3. How much are you being sued for? About 4K 4. Who is the original creditor? (if not the Plaintiff) Wells Fargo 5. How do you know you are being sued? (You were served, right?) I was served in January 6. How were you served? (Mail, In person, Notice on door) In person at work 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? Humboldt 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) 6/27/2012 11. What is the SOL on the debt? 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). Trail set for 11/18/16. Recently received their response to my CCP 96 request 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? Answered with a General Denial. They are claiming Breach of Contract and Account Stated 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. Sworn affidavit, 2 statements (5/26/12-6/25/12 & 12/27/11-1/26/12), Bill of Sale between Wells Fargo and Absolute Resolution (9/19/12), Bill of Sale between Absolute Resolution and GCFS, Inc. (9/24/12), generic credit card agreement, redacted list of accounts transferred I recently received the JDB response to my CCP 96 request. The listed witness is the same person that signed the CCP 98 sworn affidavit. However, they still list the CCP 98 as part of their evidence they are planning on using. Should I still try to subpoena the affidavit? I attempted yesterday, after I received their trial brief, and she was of course not at the said address. Could they end up not calling the witness and using the affidavit instead? Thanks in advance for any help