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Everything posted by lmanluis

  1. I apologize for missing this question here. They actually sent all the statements minus a few months missing here and there. It seems like they had a good amount of information on me but clearly not enough
  2. No problem. Its been a while so I will try and remember as best as I can. I double checked and it wasnt over the SOL. I was wrong. I answered the interrogatory questions with vague answers. I didnt hear from them until the witness declaration. Once I googled the witness name, he was famous for being their go to guy. I still showed up in court only to hear the plaintiff call for dismissal. To add, I wrote and filled everything on word just to sound like I knew what I was doing. I made a few mistakes on the paper work so I ended up redoing everything in my chicken scratch handwriting.
  3. Its been a while. Just wanted to update everyone, I just received an overnight package with a request for dismissal from the JDB. One day before trial but better late then never. I wonder if I should still show up to court since the filing isnt noted on the case summary page yet. I eventually served a subpoena on their famous witness and received a call the next day for one last settlement offer. I declined in a confident manner and that was it. Thanks for the help I learned alot. I will be looking into claiming costs to add the cherry on top
  4. I appreciate the fast response. 10. They filed the summons on 1/14/2016. 12.When I filed my general denial, I was unsure of what to place so I just filed it as deny with some mention of SOL but it was not mentioned in the affirmative defense. 16. From my report, it shows sold on December of 2012. One other thing, when I received information from the BOP, they sent a statement saying I made a payment in june 2012, but when I look back into my bank statements, there is no information on such payment. Thanks again for your help.
  5. I appreciate your help, I re posted again sorry, getting used to quoting lol
  6. First, I want to say thanks to all the information. Since I learned I was being sued, I have learned so much lurking on this forum and I am sure there is plenty more to learn. I am in the process of filling the interrogatories but I am looking to go the attribution route but at the same time, I still think I would be able to win this in court since this debt is time barred. I am just trying to find the best way to end this as soon as possible rather than wait a whole year for the trial. It has been stressful to deal with all these threats where I have 30 days to respond to everything they send. 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.) Hunts and Henriques 3. How much are you being sued for? $3,300 4. Who is the original creditor? (if not the Plaintiff) GE Capital 5. How do you know you are being sued? (You were served, right?) Served 6. How were you served? (Mail, In person, Notice on door) In person 7. Was the service legal as required by your state? They served me correctly. 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? They might have called or sent letters but I never responded. 9. What state and county do you live in? Los Angeles, California 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) 12/11/2011 11. What is the SOL on the debt? To find out: 4 Years Statute of Limitations on Debts 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). General Denial filed set for court date 13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) Never diputed, I tried but I was not able to dispute online with experian 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 I didn’t 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? Became indebted to GE capital. I just received the interrogatories less than a month ago so I am in the process of filling them out 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. No evidence with summons, only sent some statements from 2012 when I did the BOP Any possible advice would be greatly appreciated. I learn more from samples rather than trying to create my own motions and what not. Thank you
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