fast267

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About fast267

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  1. So just to clarify before I send the form today. The copy of the POS-30 that will be mailed to the plaintiff SHOULD NOT be signed?
  2. Im going to send the General Denial form via certified mail. Do I need to receive proof of service before filing the form with the court clerk? Can I mail it to the clerk also or do i have to take it to the court?
  3. Complaints are not verified. Should I include any a affirmative defenses with my General Denial form?
  4. How to I determine if the complaint is verified? I have listed the complete list of complaints above.
  5. Complaints 1. Plaintiff is an LLC 2. This court is the proper court as a resident of SB county 3. At all times herein mentioned, defendants, and each of them, were principles, agents, employers, employees, masters, or servants of each of their co-defendants and ratified, adopted or approved the acts or omissions alleged herein, and each defendant, in doing the things alleged, were acting in the course and scope of said authority of such agents servants and employees. 4. This suit concerns a credit account that was purchased by the plaintiff on or after January 1, 2014 and, therefore, is subject to California civil code 1788.50 COMPLIANCE WITH CIVIL CODE 1788.50 5. Plaintiff is a debt buyer 6. US Bank issued a credit account to defendant. Defendant used, or authorized the use of the credit account to make purchases and/or transactions. Defendant received periodic billing statements for the account. Defendant defaulted in making the required payments. Subsequently, Plaintiff was assigned and transferred all right. title and interest in the credit account. 7. Plaintiff is the sole owner of the credit account at issue, or has authority to assert the rights of all owners of the debt. 8. The balance at charge off was $6,059.55. Plaintiff is not seeking any post charge off fees or interest 9. The date of the last payment on the credit account was December 31, 2014 10. The name of the charge off creditor is US Bank National Association and the account number of the charge off creditor ended in 5006. 12. The subject credit account has been purchased by recovery portfolio associates 13. Plaintiff has complied with Section 1788.52 of the California Civil Code. Pursuant to California Civil Code 1788.58(b) 14. Attached hereto as Exhibit A is a true and correct copy of a document required by section 1788.58(b) of the California Civil Code FIRST CUASE OF ACTION: ACCOUNT STATED 15. Plaintiff alleges and incorporates by referencing the foregoing paragraphs. 16. Within the last 4 years, an account was stated in writing between Defendant and US Bank, and on the account a balance was stated to be due to US BANK from Defendant. Defendant expressly or impliedly agreed to pay US Bank that balance. Attached hereto as Exhibit B is true and correct copy of a billing statement showing the balance due and owing. 17. Before the commencement of this action, the plaintiff was assigned the credit account and indebtedness. Plaintiff is now the owner and holder of the credit account. 18. Plaintiff has made demand on the Defendant for repayment of the credit account. but the Defendant has failed to pay the balance due. 19. Payments, set-offs, credits or allowances in the amount of $0.00 have been received or posted to the account after the rendering of the last account record. 20. The total balance due of $6,059.55 is presently due and owing on the account.
  6. I was served yesterday and I am looking for guidance on the appropriate steps to take. 1. Who is the named plaintiff in the suit? Portfolio Recovery Associates 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Emily Pierce (240084) Jordan D Cook (179720) Lori N Williams (242985) Kristen L Brinkerhoff (263579) 3. How much are you being sued for? $6,059.55 4. Who is the original creditor? (if not the Plaintiff) Bank Of America 5. How do you know you are being sued? (You were served, right?) I was served 6. How were you served? (Mail, In person, Notice on door) In person 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? I spoke with them once on the phone. I denied any knowledge of the mention debt and asked for validation. I was told my case had been reviewed by a lawyer and promptly hung up on. 9. What state and county do you live in? San Bernardino 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) December 31, 2013 according to lawsuit 11. What is the SOL on the debt? To find out: 4 years in California 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). Active, service required 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. I requested over the phone not written. I never received validation 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? 30 days 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. Jan 2015 statment & August 2015 statement