phitchings

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About phitchings

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  1. Declaration of Plaintiff in Lieu of Personal Testimony at Trail. Help Please. This is what I just saw on the web while doing my daily checks. I did realize they decided to drop my apartment number on the documents they are filing so that's why I'm not getting any of information being filed. How should I be dealing with this? Feeling very overwhelmed and out gunned. Would be so grateful for any help !!!!! Thank You
  2. Thank you, but why would they only send notice of this to the attorneys for portfolio recovery associates and not me. Just worried that they filed some motion that I have no clue about and tomorrow my bank account empty
  3. i Looked on the court website to see any updates on my case and now the is a Notice of Case Management Hearing . The notice was only sent to the plaintiff, why? Please tell me how I should be preparing. Please . Any and all help is needed and so very much appreciated. Pam
  4. I already answered a complaint as well as the discovery process but what does this mean: I just received another notice from PRA with a box checked by AT-ISSUE MEMORANDUM Jury trail NO time estimated 2 hours case entitled to preference: NO Is discovery X complete Is any law and motion matter pending or contemplated? NO Is equitable relief sought? NO does the amount exceed $25000 NO do you object to this matter being ordered to arbitration ? YES are you willing to stipulate to Arbitration regardless of the amount in controversy? NO Other: Nature of damages: COLLECTIONS CASE- OUTSTANDING BALANCE DUE amount of Damages: $3111.71 relief sought: MONETARY From what i gathered this is saying to the court they are ready for court date? Can I request a continuance? I'm a tax preparer and timing is terrible for this right now. PS not quite sure on how to navigate this site . I am thankful for any advise or opinions given
  5. I sent Interrogatories, Request of Admissions, Demand of Documents and Bill of Particulars to PRA attorney. They responded to the demand for bill of Particulars by attaching every billing statement from GE Capital Retail Bank staring in 07/13 - 08/14. but there was not a bill of sale or any other documents but quote "Additional statements, if and when located will be sent in a supplemental Bill of Particulars." Waiting for the rest which I mailed on November 15th so they still have some time. Please advise to how I should be preparing for the next step. Thank you
  6. Well I got every thing sent off (responses and request). Thank you sooo much for your help. I know I have a lot of research to do I believe my next step is to file a "case Management Statement". I start preparing an outline, not quite sure how to begin that and stay on point but like I said , I have a lot of research to do. I'll continue to post as things progress. Thanks again so happy I found this site!!!!
  7. Thank you so much for taking the time for this your help is deeply needed and appreciated. I will be researching your recommendations Thanks Again
  8. 1. Who is the named plaintiff in the suit? PRA 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Hunt & Herriques 3. How much are you being sued for? $3111.71 4. Who is the original creditor? (if not the Plaintiff) GE Capital Retail Bank 5. How do you know you are being sued? (You were served, right?) No i was afraid they were going to try to get a default judgment. So when i learned a complaint was filed I answered it 6. How were you served? (Mail, In person, Notice on door) 7. Was the service legal as required by your state? 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? I returned a call after receiving a letter (which I can not locate). I told them it was my ex's debt they said my name was the only one they were aware of . Even though the complaint had attached a copy of a GECRB statement which has my name then his. They threatened legal action & intimidated me so i told them I was a seasonal worker on unemployment and at most could only offer $25. a month. Man on the phone said they would take 150.00. I said impossible he said he would talk to boss & call back . When he called back he said boss said "no" to agreeing to it but for me to send the money anyways. (I didn't) 9. What state and county do you live in? California Merced County 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) I dont think i ever did . My ex did if any were made They state last payment 01/2014 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). complaint filed 08/25/2016, answer filed 09/26/2016 fee waiver filed 09/26/2016 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?
  9. I made some changes, would appreciate it if you could see if things look better also should I send a bill of particulars and or request docs from PRA? Im lost on if i should be doing anything else? Also with the lack of responses is this appearing to b a loosing battle? Thank you for your time response for production2.docx response to interrogatories2.docx BOPforPRA20162.docx
  10. Thank you , for the much needed help. . Both the Documents & proof of service say Oct. 13. The Complaint received also had a partial copy of 2 credit card statements from GE Capital Bank with the account # blacked out all but the last 4.. My name & another with the account # , how much was owed and the interest rate. I was in an abusive relationship for 28 years, In 2012 we went to a jewelry store & looked at a ring ( hoping to salvage things I guess) My credit was better so it would cost less if purchased under my name. I convinced him it was too much, & things were too rocky so we left. He knew I was planning to leave & in July of 2013 he spontaneously brought me back to that same store , the staff were waiting & he proposed. Knowing better than to embarrass him i said yes. He kept on saying no matter what happens he will pay for this ring. The papers were all prepared from the prior year, just need a my signature. I tried to bring the ring back but 8 days had passed & they only do returns up to 7 days & the manager was out for a few days. Things got uglier between us real quick. Before I permanently moved out in Nov. of 2013 He violently removed the ring from my hand. That was the last I saw it . After I left he lost every thing our house, he let his business go & is now kinda lives with our daughter. He said he pawned the ring. I went to the police who said there was nothing they could do if both names were on the account. I went to the pawn shop they refused to give me information because i didn't have the slip even if my name was included with the ownership. Not sure if any of this has any relevance that could help me. The only bill I saw is perhaps a September statement but it was from GE Capital Retail Bank I think but when I left I had to leave just about every thing & I don't have any paper work. A lot of my things were burned while I was leaving. I will review the other threads on this site. Very thankful for any & all advise (suggestions)
  11. Im being Sued in CA by PRA. I responded to the answer (i was not served but feared a default judgement so I responded) Of course this was all before I came across this website. I have now been sent papers for discovery. Not sure how to answer them because of my response. Please advise. Im running out of time the request was sent to me on 11/13/2016 . Im not aware of a court date response for production2.docx response to interrogatories2.docx Response toRequestof Admissions (Autosaved)2.docx 2016AnswertoPRA.pdf