JOHNINLA

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About JOHNINLA

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  1. Back in May I went to my hearing and met with a lawyer from Hunt & Henriques and agreed upon a settlement out in the hall, before the hearing began. I've made the first two payments and now I just received in the mail a NOTICE OF MOTION AND MOTION FOR ORDER SETTING ASIDE AND VACATING DISMISSAL, POINTS AND AUTHORITIES IN SUPPORT OF MOTION, Below is the case summary: Histories (Dates listed in descending order) 07/26/2017 NOTICE OF MOTION FOR ORDER SETTING ASIDE AND VACATING DISMISSAL , DECLARATION, AND POINTS AND AUTHORITIES IN SUPPORT THEREOF FILED. RECEIPT # 11707xxxxxx . MATTER SET FOR HEARING ON 09/21/17 AT 08:30A M, IN DEPT. F43 . 07/12/2017 MINUTE ORDER AND CLERK'S NOTICE OF RULING MAILED TO ALL PARTIES. CLERK'S CERTIFICATE OF SERVICE FILED. 07/11/2017 MINUTE ORDER - CAUSE CALLED AT 08:30A M, IN DEPT. F47 , HON. RICK BROWN, JUDGE PRESIDING FOR HEARING ON ORDER TO SHOW CAUSE. NO APPEARANCE BY OR FOR EITHER PARTY. THE COURT ORDERS CASE DISMISSED WITHOUT PREJUDICE. 07/11/2017 CASE FILE RETURNED TO CIVIL DEPARTMENT FROM COURTROOM. 07/11/2017 MINUTE ORDER - CAUSE CALLED AT 08:30A M, IN DEPT. F47 , HON. RICK BROWN, JUDGE PRESIDING FOR HEARING ON ORDER TO SHOW CAUSE. NO APPEARANCE BY OR FOR EITHER PARTY. THE COURT ORDERS CASE DISMISSED WITHOUT PREJUDICE. 06/28/2017 CASE FILE FORWARDED TO JUDGES CHAMBERS RE: 07/11/17 CALENDAR 06/09/2017 NOTICE OF CONDITIONAL SETTLEMENT FILED BY (CAPITAL ONE BANK USA N.A.) . 05/15/2017 MINUTE ORDER - CAUSE CALLED AT 08:30A M, IN DEPT. F43 , HON. RICK BROWN, JUDGE PRESIDING FOR COURT TRIAL. PLAINTIFF APPEARING BY ANTHONY DIPIERO, ESQ. DEFENDANT APPEARING IN PRO PER . SETTLEMENT REACHED. COURT TRIAL ORDERED OFF CALENDAR. MATTER SET FOR ORDER TO SHOW CAUSE HEARING ON 07/11/17 AT 08:30A M, IN DEPT. F43 . In the notice it states "...This dismissal was for failure to appear at the OSC. Plaintiff's counsel did not appear at the OSC because of a calendaring error." Did they screw up? Did I screw up? Did we both screw up??? Do I need to now go back to court AGAIN on Sept 21st? What would the suggested course of action be for me? Any advice is appreciated.
  2. I was finally able to go and get a copy of the Proof of Service. It's a complete lie. It states I was personally served "Julio Ascorra" and the time and date which I was allegedly served I was clocked in, at my job, which has plenty of security camera footage showing me NOT being served. So there's video of me at work NOT being "served in person", plus the security video from my apartment of me NOT being "served in person", and several witnesses that can also attest that it was "sewer service". I have more than enough rock solid evidence to convict this guy of Abuse of Process and Negligence. And the "sewer service" has only added to the stress of this whole situation, so a case for Negligent Infliction of Emotional Distress could also be plausible. So what do I do next in terms of the "sewer service" and how it plays into fighting the case from the summons which was not legally served? Is the service issue a whole another issue? Or does it change how I respond to the summons? ...or would you recommend I go this route? THANK YOU ALL SO MUCH FOR YOUR INPUT!!!
  3. My thinking was that the more paperwork I can make them do, and the more time and money I can make them spend, the less lucrative my case will be for them to pursue. I read one CIC forum that the law firms usually farm out these cases to rent-a-lawyers with a $1000-$1500 budget @ $100/hour. If you can make them work more than the allotted 10-15 hours, they are then working for free. They are going to quickly move on to the next case as soon as that happens. I read some of the Chase suit and found some useful references. Thanks! I will definitely be looking into the possibility of fraud charges regarding the "sewer service". One of my neighbors that saw the summons on the ground is a lawyer, and my wife works for the Los Angeles Public Defender's Office, so I do have some resources I can tap into for advice.
  4. CALIFORNIA - Process Service Requirements NOT Met - "Sewer Service" I'm being sued by Hunt & Henriques and before I start filing my General Denial papers, I wanted to see if there are other avenues I should take because the summons was not served legally. The date that the case was filed with the court was April 1st. The summons was just slid under the main doors of our apartment building on April 14th. The last entry on Case Summary is: 04/15/2016 PROOF OF SERVICE OF SUMMONS AND COMPLAINT FILED. SERVED AS TO (my name without the "JR"). The fact that they left off the "JR" is relevent because my father (John SR) lives in the apartment next door. They also did NOT put an apartment number on the summons, so without "JR" or "SR" or an apartment number, there is absolutely nothing to determine if the summons is for me or my father. Our apatment building has six units. There are six garage doors out front with two double doors as the main enterance in the middle. (It is obviously an apartment building and not a private residence.) The double doors do not lock. My neighbor that first saw the summons said he saw it laying on the ground as though it was just slid under the double doors. Another neighbor picked it up and put it in the junk mail box. And then my step-mother took it in her apartment because she thought it was for my father. We do have multiple security cameras so I will most likely be able to provide footage of the "sewer service", on top of at least two witnesses that saw it left on the ground. Considering how sloppy this summons was served, what should my first step be? Motion to Quash seems like it might apply. Should I NOT file a General Denial answer yet? My case question answers can be found below. Any advice is greatly appreciated!!! Sincerely, John in LA ------------------------------ 1.Who is the named plaintiff in the suit? CAPITAL ONE BANK (USA), N.A. 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Hunt & Henriques 3. How much are you being sued for? $8,XXX 4. Who is the original creditor? (if not the Plaintiff) 5. How do you know you are being sued? (You were served, right?) Summons left near enterance to apartment building. 6. How were you served? (Mail, In person, Notice on door) The summons was slid under the main enterance door to the apartment building. It was not locked. There are six units in the building. 7. Was the service legal as required by your state? NO Process Service Requirements by State - Summons Complaint 8. What was your correspondence (if any) with the people suing you before you think you were being sued? None that I know of. 9. What state and county do you live in? California 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) 4/2014 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). "Status: Pending" Last Entry on Case Summary: 04/15/2016 PROOF OF SERVICE OF SUMMONS AND COMPLAINT FILED. SERVED AS TO (my name without the "JR") . 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? 30 Days "after the summons and legal papers are served on you". That allegedly happened on 4/15. (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. Common Counts Contract Rule 3.740 collections (09) Plantiff: Capital One Bank (USA), N.A. alleges that defendant became indbted to plaintiff -within the last four years --on an open book account for money due. --because an account was stated in writing by and between plaintiff and defendant in which it was agreed that defendant was indebted to plaintiff. -within the last four years --the money lent by plaintiff to defendant at defendant's request --for money paid, laid out, and expended to or for defendant at defendant'sspecial instance and request. -$8,XXX, which is the reasonable value, is due and unpaid despite plaintiff's demand, --plus prejudgement interest at the rate of 0.0000 percent per year from March 11, 2015 Did you receive an interrogatory (questionnaire) regarding the lawsuit? No 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. Nothing
  5. Thanks @CCRP626! Below are my answers to the questions. Please let me know if any additional info is needed. If you could also suggest which other sections I should post in, it would be greatly appreciated! ************************** 1.Who is the named plaintiff in the suit? CAPITAL ONE BANK (USA), N.A. 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Hunt & Henriques 3. How much are you being sued for? $8,XXX 4. Who is the original creditor? (if not the Plaintiff) 5. How do you know you are being sued? (You were served, right?) Summons left near enterance to apartment building. 6. How were you served? (Mail, In person, Notice on door) The summons was slid under the main enterance door to the apartment building. It was not locked. There are six units in the building. 7. Was the service legal as required by your state? NO Process Service Requirements by State - Summons Complaint 8. What was your correspondence (if any) with the people suing you before you think you were being sued? None that I know of. 9. What state and county do you live in? California 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) 4/2014 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). "Status: Pending" Last Entry on Case Summary: 04/15/2016 PROOF OF SERVICE OF SUMMONS AND COMPLAINT FILED. SERVED AS TO (my name without the "JR") . 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? 30 Days "after the summons and legal papers are served on you". That allegedly happened on 4/15. (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. Common Counts Contract Rule 3.740 collections (09) Plantiff: Capital One Bank (USA), N.A. alleges that defendant became indbted to plaintiff -within the last four years --on an open book account for money due. --because an account was stated in writing by and between plaintiff and defendant in which it was agreed that defendant was indebted to plaintiff. -within the last four years --the money lent by plaintiff to defendant at defendant's request --for money paid, laid out, and expended to or for defendant at defendant'sspecial instance and request. -$8,XXX, which is the reasonable value, is due and unpaid despite plaintiff's demand, --plus prejudgement interest at the rate of 0.0000 percent per year from March 11, 2015 Did you receive an interrogatory (questionnaire) regarding the lawsuit? No 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. Nothing
  6. I'm in Los Angeles County and recently had a summons left in the general mail box for our apartment building. I'm being sued by Hunt & Henriques and before I start filing my General Denial papers, I wanted to see if there are other angles I should use based on how the summons was (not really) delivered. First off, the date that it was filed with the court was April 1st. The summons was not discovered in the apartment mailbox until April 14th. It says I have 30 days to file a written response "after this summons and legal papers are served on you". How do they know if and when I even served if it was just left in the apartments junk mail box? On top of that, it did not have my full name or apartment number. I am a "JR", and in apartment # 2. My father, who is "SR", is in apartment # 1. There was no "JR" or "SR" on the summons, and there was no apartment number. So given the situation, the summons could just as easily be for my father. (Maybe I should have my father reply to the summons and say the debt is not his?!? Just kidding... unless that would work!) Considering how sloppy this summons was served, does that create any opportunities/advantages I should utilized in order to make beating this lawsuit a little easier? Any advice is greatly appreciated!!! Sincerely, John in LA