Greetings everyone! So it looks like I'm being sued.
1. Who is the named plaintiff in the suit?
UNIFUND CCR, LLC
2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.)
Law Offices of Kenosian & Miele, LLC
3. How much are you being sued for?
A total of $7,4XX.XX from two different accounts, plus attorney's fees, costs of suit, etc...
4. Who is the original creditor? (if not the Plaintiff)
5. How do you know you are being sued? (You were served, right?)
Received a summons left at my home with another person and sent through the mail.
6. How were you served? (Mail, In person, Notice on door)
7. Was the service legal as required by your state?
8. What was your correspondence (if any) with the people suing you before you think you were being sued?
9. What state and county do you live in?
Los Angeles 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)
On the first account, per the complaint, the last payment date is on or around 11/07/14. On the second account, per the complaint, the last payment date is on or around 11/10/14.
11. When did you open the account (looking to establish what card agreement may be applicable)?
The first account was opened, per the complaint, on or around 03/26/14. The second account was opened, per the complaint, on or around 03/03/14.
12. What is the SOL on the debt?
4 years in California
13. What is the status of your case? Suit served? Motions filed?
As of today, 10/16/18:
Proof of Service by Substituted Service filed on 09/25/18 with Proof of Mailing date: 09/21/18.
14. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?)
15. Did you request debt validation before the suit was filed?
16. How long do you have to respond to the suit? 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 from service, which would be on 10/21/18. However due to POS being substitute service, if I'm not mistaken, service would be 10 days from the mailing date I listed above, so 30 days from that would be 10/31/18. I planned on filing/serving my answer within the next few days to stay within that first date. However, if someone could confirm the extra 10 days due to substitute service that would really help me. The complaint lists Breach of Contract and Common Counts for both Account #1 and Account #2. The cause of actions being Breach of Contract, Open Book, and Money Lent for both Account #1 and Account #2. I did not receive an interrogatory regarding the lawsuit.
17. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits.
They attached two exhibits. Exhibit A seems to be a statement for Account #1. Exhibit B seems to be a statement for Account #2. The complaint does not appear to be verified.
From what I've been reading here my next step is to answer with a general denial and send a demand for a BOP. Is this correct?
Added cause of actions to question 16 and a few extra questions.
So I've got a general denial ready to go. Are there any affirmative defenses I should add to the form?
I have a family member willing to serve the attorney through the mail and fill out a proof of service. Do they have to mail anything besides a copy of the general denial? Are the attorneys the only ones that must be served or must I serve UNIFUND(in Ohio) as well?
Must I personally bring the general denial and proof of service to the court or can I have someone bring it in for me? Only asking because it might be difficult finding time with work being so crazy.
Lastly if someone can link a sample demand for a BOP I can look over , I'm having a little trouble finding one. Thanks in advance for any help you guys can give me!