lthrwing

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Everything posted by lthrwing

  1. okay, so here's whats happened since my last post.... it got real close to the end of the 30 days. I started a new job which took me out of town. I received a reply to my Bill of Particulars (BOP) (literally in my mailbox about 3 days before the end of the 30 days) which was a book sized reply of every correspondence and bill that was exchanged between me and the original creditor CapitalOne since day one of my contract with them. I was unable to make it to the Court to submit my General Denial and Proof of Delivery because i was out of town. I was unable to find someone who would go to the Co
  2. Still waiting to hear back from the Plaintiff's Attorney and for it to get closer to the 30 day mark to file the General Denial and the accompanying Proof of Service (POS - signed). Will get back as soon as I hear something! Thanks again everyone!
  3. Thanks JohnDubar! Actually we're in the same boat... I'm learning as my case is going on thanks to the experts on this site and doing my own research on the side. I'm putting this Post together because when I initially started out, the info was there and available but it seemed really scattered around and this made things difficult for me to piece it all together and get started addressing the Summons and Complaint. To answer your question, my thought is get the stuff out ASAP before the end of the 30 day mark... but, I'm not the expert... best to put the question to the Board Experts and hope
  4. So, the list of steps look like this so far; 1. Was served at home with the Plaintiff's, Portfolio Recovery, Summons and Complaint. 2. Noted that the Summons mentions the Amount of Time I have to respond. 3. Noted the Complaint mentions Limited Civil and the Amount I'm being sued for. 4. Noted the Summons and Complaint packet is divided into several parts; 1) the Summons. 2) the Complaint. 3) the Exibit. 4) the Statement of Location/Venue. 5) the Civil Case Cover Letter. 6) the Alternative Dispute Resolution (ADR) Info Package. 5. Thoroughly read and researched ev
  5. Hi everyone! Being a non-legaleze and first time sueeeeee..... I posted a Bill of Particulars and was hoping one of you might be able to give it a thumbs up or down. Thanks for all the input!
  6. Reposting due to error with board: calawyer said: I get signed proofs of service from big law firms every day. Only once have I had a judge comment (however, in fairness, there is seldom a reason why a judge would look at a proof of service on routine pleadings). However, the procedure RyanEx suggests is the correct one. And, in my opinion, if you are going to do something, you may as well do it right. For the OP: A somewhat long (for me) post I did on BOPs and motions to compel written discovery can be found here: http:/
  7. Reposting due to error with board: Vpick001 said: 7 minutes ago, RyanEX said: Did the same thing myself. Unrelated, but I see by your avatar you're "1-0 vs JDB", how long did fighting your case take? I understand that it varies from person to person, but I would like to know about how long of a fight I'm in for...
  8. Reposting due to error with board: RyanEX said: 9 minutes ago, Anon Amos said: I always felt the same way as you about this. RyanEX explains it well in his post above. I always sent mine already signed, and put them in the mail myself rather than bothering the person who signed it. It is an area the court doesn't pay much attention to. Did the same thing myself.
  9. Reposting due to error with board: Anon Amos said: 1 hour ago, Vpick001 said: 1.) Why do we send an unsigned POS030 to the plaintiff? I understand that we sign it when filing with the courthouse, I just don't understand what difference it makes whether or not the plaintiff's copy is signed. I always felt the same way as you a
  10. Reposting due to error with board: Patz said: For anyone being sued by Portfolio, be aware that in 2015 the CFPB settled with Portfolio for over $25 million for abusive collection practices. Read about it here: http://www.consumerfinance.gov/about-us/newsroom/cfpb-takes-action-against-the-two-largest-debt-buyers-for-using-deceptive-tactics-to-collect-bad-debts/ You should find something in the settlement that can help you in your case. For example, the settlement says Portfolio tries to collect on debts when the sales agreement
  11. Reposting due to error with board: RyanEX said: 3 minutes ago, Vpick001 said: Talk about great (terrible?) timing, I just got served for PRA by the same firm, the only difference is that I'm in San Bernardino county. That being the case, I'm in the same boat as you, Ithrwing. I'm going to keep up with this thread and contribute whenever I can. Two questions: 1.) W
  12. Reposting due to error with board: Vpick001 said: Talk about great (terrible?) timing, I just got served for PRA by the same firm, the only difference is that I'm in San Bernardino county. That being the case, I'm in the same boat as you, Ithrwing. I'm going to keep up with this thread and contribute whenever I can. Two questions: 1.) Why do we send an unsigned POS030 to the plaintiff? I understand that we sign it when filing with the courthouse, I just don't understand what difference it makes whether or not the plaintiff's copy is signed.
  13. Here is the Word File as shown in image above. Example DemandBillParticulars for California Mod.doc
  14. Okay, so a Bill of Particulars is what I now need to get working on and send to attorney, here is my example of a Demand for Bill of Particulars (BOP) Code of Civil Procedure Section 454 since I wasn't able to find a good enough example on the Net or a download....... PLEASE REVIEW AND LET ME KNOW IF I SHOULD MAKE ANY CHANGES BEFORE SENDING. Thanks everyone!
  15. Reposting due to error with board: sadinca said: and you do not need to file the Bill of Particulars (BOP). but keep a copy for your records.
  16. Reposting due to error with board: RyanEX said: Bill of Particulars (BOP) first, you can do that right away. Serve it with a Proof of Service (POS), first class mail Certified Mail Return Receipt Requested (CMRRR). The General Denial (GD) you can wait, if you like, until you get closer to the due date (30 days from service of the summons). Also with a Proof of Service (POS), no need to send it Certified Mail Return Receipt Requested (CMRRR). Whenever you serve any item, you'll be serving it upon the plaintiff's attorney(s).
  17. Reposting due to error with board: So in case my question was lost in translation... LoL! .... Regarding the Demand for Bill of Particulars (BOP) which is Code of Civil Procedure Section 454 (thanks Anon Amos), when should I send the Bill of Particulars, should it be mailed or served, if mailed what type of mail, do I send a Proof of Service, do I copy the attorney and file with the Court or just send to the Attorney, and so on?
  18. Reposting due to error with board: So, the list of steps look like this so far; 1. Was served at home with the Plaintiff's, Portfolio Recovery, Summons and Complaint. 2. Noted that the Summons mentions the Amount of Time I have to respond. 3. Noted the Complaint mentions Limited Civil and the Amount I'm being sued for. 4. Noted the Summons and Complaint packet is divided into several parts; 1) the Summons. 2) the Complaint. 3) the Exibit. 4) the Statement of Location/Venue. 5) the Civil Case Cover Letter. 6) the Alternative Dispute Resolution (ADR) Info Package. 5
  19. Okay, so from reading other post, apparently there was an issue and it now seems fixed... at least it appears to be since my posts are sticking now.... Since I have what the other posters posted to my topic in my email, I'm going to type what they posted so it's included.
  20. I'm experiencing the same as Jking57. My topic is not only missing my Posts over the last couple days but also missing posts from other members. I received emails informing me that the other members had made posts to my topic but when i click the link to view the posts i get a message that the items can't be located with error code 2s136/c. I log into the site and check my topic and sure enough the posts from members and myself aren't there.