LoveIsPower

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About LoveIsPower

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  1. I've seen a few people recently win cases against JDB where the amount is bigger than mine. I thought that arbitration had to do with making the JDB say, "well arbitration is going to cost me $5k ... the debt is $3k ... not worth it." Since my amount is $25k, not sure the strategy will work for me. Remember, in my case (Unlimited) they actually have to produce witnesses. They can't rely on a piece of paper. Thoughts?
  2. Thanks @Harry Seaward ! I'm definitely keeping an eye on CCP 98 -- although my case is Unlimited -- so unlike limited cases, plaintiff cannot rely on ccp 98 to try to introduce the evidence without a personal witness. Yep, they are alleging the debt is owned by Absolute now, and identifying themselves as a "debt buyer" per the California Debt Buying Practices Act (FDBPA) of 2014. Here are the first 3 allegations in their original complaint (all standard scripted requirements that the Plaintiff must allege under the FDBPA): 1. Plaintiff is and at all times herein mentioned, ABSOLUTE RESOLUTIONS INVESTMENTS, LLC, and successor in interest to original creditor, U.S. Bank National Association. 2. Plaintiff is the only entity that purchased the debt after charge-off and its name and address is as follows: ABSOLUTE RESOLUTIONS INVESTMENTS, LLC 8000 Norman Center Dr. Suite 860 Bloomington MN 55437. 3. Plaintiff is is a debt buyer and is the sole owner of the debt at issue. **** Any thoughts on if I should add this line in my Demand for Bill of Particulars or not?: "... and any agreement assigning the account at issue to the plaintiff. You are further required to provide any agreement between defendant and the creditor that has created any account concerning which your lawsuit is based." **** Appreciate your reply, @Harry Seaward !
  3. Hi everyone! Trying to get a bump on my question. Hope someone can chime in, since I just got a tracking notification that my answer arrived at the lawyer's office, and I want to send this Demand for Bill of Particulars out today. I know my post was kinda long. I'll simplify the question: Is it necessary, appropriate, good, not-good ... to add this line to my Demand of Bill of Particulars: "... and any agreement assigning the account at issue to the plaintiff. You are further required to provide any agreement between defendant and the creditor that has created any account concerning which your lawsuit is based." Thanks, everyone! Truly appreciate it! (if you want more detail, you can read my post above)
  4. My current question is about submitting the Demand for the Bill of Particulars, (and its proper format) which is my next step. @sadinca sent me the standard Demand for BoP that I have seen kicking around lately (thank you!!!!) -- the one in Pleading Paper, not the one that looks like a California Courts form (I'll attach it). Then I ran into this article from The Marin County Bar Association newsletter "The Marin Lawyer" from Jan 2015, written by Hal Chase Jr., a Bay Area attorney. "Tools of the Trade: The Bill of Particulars" http://www.vandelaw.com/wp-content/uploads/2015/01/The-Marin-Lawyer-Newsletter-January-2015-HXC-Bill-of-Particulars.pdf At the end of the article he presents a simple sample of how a Demand for a BoP may look like. He writes: ----- Sample Demand for Bill of Particulars No specific rules set forth the requirements that should be made in a formal demand for Bill of Particulars. Many examples are available on the web. The following appears to cover most of the matters for which a creditor’s response is required under CCP §454: To: Plaintiffs and Their Attorney of Record: Defendant herein demands that you provide defendant with a Bill of Particulars that sets forth all items and details of the account upon which you have sued, whether for money had and received, goods sold and delivered, money lent or paid, or quantum meruit. This request is made pursuant to CCP § 454 and requires you to provide, within ten days from this request, all of the particulars of the account in question, including the date of each transaction, a description of the services, materials or goods supplied or other considerations rendered, the price or charge made for each item, all payments or credits that have been made to the account, and any agreement assigning the account at issue to the plaintiff. You are further required to provide any agreement between defendant and the creditor that has created any account concerning which your lawsuit is based. /s/ Debtor’s Attorney ----------- I see that he adds this bit at the end that is not in the Demand for Bill of Particulars that you guys have been using here at CIC (the underlining above was done by me): "... and any agreement assigning the account at issue to the plaintiff. You are further required to provide any agreement between defendant and the creditor that has created any account concerning which your lawsuit is based." MY QUESTIONS are: 1. Is that really necessary to add now? 2. Are these -- the Bill of Particulars, the proof of assignment, and the original contract -- three "different" things? Or do all three fall under what is to be requested under a Demand for Bill of Particulars. 3. Or will be asking for the proof of assignment and the original contract later in discovery? Like I said, guys, I AM REALLY RUSTY. Truly been a while since I've done this. And 10-years-ago I didn't even send a Demand for Bill of Particulars, I just engaged in discovery with the lawyers. I like this Bill of Particulars strategy and want to make sure I'm using it right -- especially since this is an UNLIMITED CASE. Thanks a million to everyone who can chime in and help out!! P.S. I did many searches on the forums for the Demand of Bill of Particulars and admittedly, found a jumble of bits and pieces here and there that didn't necessarily answer THIS particular question I am posing on this post. Hope this can help not only me, but many who are there now and who will come after! Bill of Particulars request.doc
  5. I want to make sure to give a shout out of HUGE THANKS to @sadinca for helping me out through PM's this week!!! I kept on getting the weird "theme" error message and couldn't post or reply to public threads! Somehow I was able to send a PM to @sadinca and help came!! So ... thank you @sadinca !!!
  6. Good morning everyone! I would really appreciate help on this UNLIMITED CASE in California! THANK YOU so much, beforehand!! Here is the info on my case: -------------- 1. Who is the named plaintiff in the suit? ABSOLUTE RESOLUTIONS INVESTMENTS, LLC 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) MANDARICH LAW GROUP, LLP 420 N. Wabash Ave, Suite 400 Chicago, IL 60611 3. How much are you being sued for? 25k and change 4. Who is the original creditor? (if not the Plaintiff) US BANK NATIONAL ASSOCIATION ND 60 Livingston Ave St. Paul, MN 55107 5. How do you know you are being sued? (You were served, right?) Served 6. How were you served? (Mail, In person, Notice on door) In person at home 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? None that I am aware of. 9. What state and county do you live in? CALIFORNIA, County of Los Angeles 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) Not 100% sure – they presented a CC statement with the complaint dated September 2017. 11. When did you open the account (looking to establish what card agreement may be applicable)? Unsure. But it is not a super old account. It is relatively recent (last 5 years perhaps). 12. What is the SOL on the debt? To find out: California. Written: 4 years, Oral: 2 years, Open Ended Accounts: 4 years. Statute of Limitations on Debts 13. 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). - Filed the answer with the court (personally, and on time, on day 30) this week. - Served plaintiff’s lawyers by mail the same day – CMRR - Case Management Conference has been set for the end of April, 2019. 14. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) No. 15. Did you request debt validation before the suit was filed? Note: if you haven't sent a debt validation request before being sued, it likely won't help create FDCPA violations, but disputing after being sued could be useful to show the court that you dispute the debt ('account stated' vs. 'breach of contract'). No. I had no warning I was going to be sued. 16. 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? Filed the answer personally, and on time, this week. 17. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. Only two things: - Exhibit A: A copy of a Credit Card statement from Sept 2017. Guessing they're alleging that it's the "last payment"? - Exhibit B: A copy of a Credit Card statement from April 2018. Guessing they're alleging ths is the charge off? * THE ACCOUNT NUMBER PROVIDED IS ALL BLACKED OUT except for the "last four" numbers of the account. In the complaint itself the account is listed as "XXXXXXXX and last 4 numbers." 18. What are the causes of action listed in the complaint? First Cause (Account Stated) - Within past 4 years, an account was stated in writing in which it was agreed that defendant was indebted in the amount previously referenced herein. Although demand has been made upon defendant, said amount has not been paid, and is now due, owing and unpaid from defendant to plaintiff, as successor in interest. Second Cause (Open Book Account) - within past 4 years, defendant and each of them became indebted in the amount of the previously mentioned herein for a balance due on a book account for goods sold and delivered and/or services rendered by U.S. Bank National Association. Although demand has been made upon defendant, said amount has not been paid, and is now due, owing and unpaid including attorney's fees from defendant to plaintiff as successor in interest. 19. How did you find out about this site? Guess I am not necessarily a “newbie.” I won two lawsuits against JDBs about 10 years ago (one went in front of a judge, who ruled in my favor; the other one was dismissed by the rent-a-lawyer right before going in front of the judge). But, it has been a while, I’m sure things have changed a bit in the last 10-years, and this time around I am dealing with an UNLIMITED CASE. I had completely forgotten about this site until the night before I was to file my Answer this week – when I was double checking everything before filing it the next day. I remember how helpful everyone here was back then (I helped also). Since I am in new territory with this being my first UNLIMITED CASE, I want to make sure I have all my ducks in a row. I am SUPER RUSTY and it’s been a while, but I am 2-0, and definitely plan to make my record 3-0. A HUGE THANK YOU beforehand to everyone who is able to help me win this one! @LoveIsPower (this is a new account I created, since I can’t remember what my old one was)
  7. Any opinion on this article? Written by a California lawyer (Clinton Rooney). Published in the March 2010 Shriver Center for Poverty Law newsletter. The title of the article is "Defense of Assigned Consumer Debts." He makes sure to emphasize that he practices in California, so not everything will apply the same -- but most things will. The focus of the article is on lawsuits from Debt Buyers. https://www.povertylaw.org/files/docs/article/chr_2010_march_april_rooney.pdf It seems to give a good 360 of the whole process. I would love for the experts here to give it a glance. I tried my best to do a forum search before posting this, but found no discussion of this article. Thought it had some relevance in this thread, as it could be a primer of sorts. Thank you, everyone!! Defense_of_assigned_consumer_debt_chr_2010_march_april_rooney.pdf
  8. Thank you @MikeB35 !!! Been trying for DAYS!! Lifesaver!! 🔥