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About Zerokewl

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  1. Thank you both. In regards to the breach of contract, once the 3 day notice was given I talked to the manager to request more time and it was granted. I guess I missed something because here we are. So I ☑ next to "Plaintiff waived, changed, or canceled the notice to pay or quit". I think that's all I can do.
  2. Thank you for your quick response! could i add violations of the FDCPA as affirmative defenses?
  3. I only have 90 or so min before i submit my answer so i wanted to ask a really quick question: I received a summons for UD (unlawful detainer). I know that since the landlord did everything including signing the 3-day notice, the attorney wouldn't be covered under the FDCPA. However, when i contacted the lawfirm to see if we could settle out of court, the i was told i needed to follow the instructions in a recording and then transferred. I listened to the recording and got the instructions, but in the recording it specifically states that the lawfirm was a DC. Since back rent is deemed "d
  4. lol === Sorry All i got carried away with RFDCPA Article 2.3 #4 How's this one? --------------------------------------------------------------------------- Me DCLF Date: Thursday, January 11, 2018 CRRR#____________ To Whom It May Concern: In response to a letter I received on 01/11/2018 that was dated 01/04/2018. [Copy enclosed]. I dispute the debt in the letter, and demand validation.
  5. I thought it might be too much. I'll shorten it and post later tonight. want to make sure it's done right.
  6. Got a dunning? / intent to sue letter from a "Debt Collecting Law Firm" (Winn Law Group?) I'm about to send out this Validation letter. Is it too much? (I added parts of sample letters that I found through my research, then changed & added wording here and there. Full credit to the original writers of the parts I implemented.) ----------------------------------------------------------------------------------------------------- Me DCLF Date: Thursday, January 11, 2018 CRRR#____________ To Whom It May Concern: This letter is being sent to you in respo
  7. i know i'm necroing my post, but i forgot to give an update. Met with lawyer, won case. Mutual resolution? i think it was.
  8. Got behind at work. Here's the plan. Answer: General denial Defenses: Plaintiff has failed to state a claim upon which relief may be granted - “Without proof of ownership and or assignment, Plaintiff’s complaint fails to state facts sufficient to constitute a cause of action against Defendant." Lack of standing “Plaintiff’s claim demands monies for an alleged debt for which no proof of ownership or assignment of said debt, has been verified and exhibited" Defendant reserves the right to amend and/or add additional Answers, Defenses and/or Counterclaim
  9. I called (dialed 611) and asked, the cost said they couldn't and that they have an "add on service" that did, but it only went back so far. I'll try calling the legal department too. Good news is that while looking for any other letter from PRA, I found a "dunning letter" from ANOTHER JDB about the same account. This one is dated Feb of this year, so I believe PRA will have trouble proving standing on this one. I need to find the first dunning letter from PRA so I can get a time frame for the calls.
  10. Thanks! Good to know I was on the right track. I wanted to subpoena my phone records, but I'm confused with the process. Can someone nudge me in the right direction? I believe I have the right address. Do I send it to them myself, or do I file it with the court? I was thinking of asking for an extention while I waited for the records so I could count the TCPA violations.
  11. For my answer I was going to use "general denial", but since my name is correct, (account number etc is censored) would that work? Defense I was going to use "lack of standing", and then I was going to cross complain for Violations of the FDCPA, (after I told them to stop calling my cell at work, they started calling me with blocked numbers), then also for violations of the TCPA (all the times they called my cell especially after I asked them not to). I think i need to subpoena my cell records from my provider. Am I on the right track?
  12. Another question; There are multiple attorneys listed for the plaintiff, which one do i send the denial to? Also i was reading up on the FDCPA and wanted to know if I could add both the violations of the TCPA, and FDCPA in a single cross-complaint? (Was reading this)