CCmommy

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About CCmommy

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    California
  1. I took out a loan from our credit union. It was one of those ones where you sign the check and can use it for whatever. The check only had my name and I cashed it. I used it to consolidate some credit card debt that was just in my name. I was delinquent and it is showing on my husband’s credit report. It was sold to Allied Collections. I live in California, which I know is a community property state but none of my other debts are showing on his report, just this one. Is there a way to have it removed from his. We intend to try to settle the debt.
  2. Thank you so much for replying. Ok I sent them the demand for BOP. Reading the thread you referred me to I’m going to send them a Request for Production of Documents by the end of this week. In California I don’t need permission from the Court to conduct discovery, correct? I did find the original CC agreement online and there is not an arbitration clause. From reading on this forum I’m under the impression that Capital One removed it some time ago.
  3. Hello. I posted this in another thread but think I had it in the wrong place so reposting. I filed my general denial yesterday not listing any affirmative defenses, now I’m worried it was a mistake to raise any? I’m also not sure about my next step. Cause of action is Account Stated. I’m a little worried because from reading it is my understanding that I cannot send a demand for a Bill of Particulars because it is account stated and I also cannot compel arbitration because my original account was through Capital One.Thank you! Here is my info. 1. Who is the named plaintiff in the suit? P
  4. Thank you! Here is my info. 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.) Jordan D Cook 3. How much are you being sued for? $6500 4. Who is the original creditor? (if not the Plaintiff) Capital One 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 7. Was the service legal as required by your state? Yes Process Service Requireme
  5. I am being sued by Portfolio Recovery in California. I filed my answer today using the General Denial form checking that I denied all allegations in the complaint. I did not assert any affirmative defenses, leaving that part blank. Now I’m reading that I should have. Should I amend my answer to add the affirmative defense of lack of standing?