PleaseHelpConfused

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About PleaseHelpConfused

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  1. This is the update on my local courts website, no info on my case as of yet
  2. I read the same thing on my local courts webpage, I have my CMC this week and am wondering if it will be affected and how I will know.
  3. Thank you for sharing this!! I’m going to start researching on discovery process right now. I appreciate your help
  4. Hello all, I have my CMC coming up, and I’m wondering if there is any advice any of you can give me, or is there anything I should bring. Thanks in advance 🙏🏼
  5. Thank you @NetworkEngineerand @LoveIsPower I decided to stick with the trial route mostly because I’m not entirely clear on the terms of arbitration in regards to my original credit agreement, and since I had filed a general denial already I wasn’t sure if I’d be able to start an arbitration. Thank you for all the helpful info and for the link on the pro bono lawyers, I will be looking into them this week! I did have a hearing for my fee waiver and it was approved by the judge. I now have CMC scheduled in March, and the law firm did respond to request for the BOP with what looks like all my billing statements.
  6. Hello @Dgree thank you for your response, there is an arbitration clause in Citibank’s agreement and it says to use the either AAA or JAMS. I’ve done a little reading trying to learn more about this, and will continue to do so. I don’t know if that is something I can pursue now since I’ve already filed a GD as a response and have a scheduled case management conference. Either way I do need to fight this because I cannot afford to have a judgement taken out against me and have my wages garnished. I am trying to learn and understand as I go
  7. @RyanEX Thank you for your response, on the advice of a fellow member who has been so gracious in responding to my private messages, Especially during the holidays, I went ahead and filed the General Denial and also requested a Bill of Particulars. I did not see a paper in all this paperwork that says the facts set forth in the complaint are true. Aside from the summons and complaint Exhibit A was a copy of my last statement from the original creditor, Exhibit B is a few pages of “bill is sales and assignments” from looks like the origina creditor to a few different debt buyers and Exhibit C is 21 pages of mostly just blank pages w different headers (account number, name, my address, etc) it does say this account was charged off in June of 2017, I don’t know if that makes a difference. I did have the law firm served with the general denial and demand for BOP, which they received by certified mail on 1/2/2020. The court had sent me two hearing dates, one for my fee waiver application, and the other for “case management conference” .... moving forward I am very scared/ nervous because I do not understand a lot of this. I have been reading through a lot of these threads and trying to learn and understand, but it is all very confusing to me.
  8. Hello all, does anyone know how much it costs to file a general dismal form in California ? I am applying for a fee waiver but I need to be prepared in case they deny it. Thank you
  9. If you’re taking the time to read this I would like to thank you for any and all interest and help, I struggle with a reading and learning disability making this paperwork very hard for me to understand I am very unknowledgeable in a lot of subject matter. I am very scared and don’t know how to proceed, I have reached out in private messages and was asked to fill out this list of questions and post on this main board so that I may get help from a few different people who understand this. I did also search a few of these boards that had great information on it however I don’t understand most of it, I did see that it looks like I should file a general denial form, but also it says that’s only if I’m being sued for $1000 or less… So I’m confused as to whether I should fill out that form. It looks like the case was open on December 16 of this year but I was served on December 21 of this year so I’m not sure if the calendar days starts from December 16 or from the 21st. I also have no idea exactly what to do or how to proceed. I make a little money working with children of special needs under 30 hours a week, I never wanted to not pay this or any other credit card but I had a cut in my hours and I did what I had to do to survive, I am afraid also that any other credit cards that might have gone and paid will now also try and sue me as this company is trying. I appreciate any help anyone can offer me, I am so sorry that I am extremely knowledgeable, and I have a hard time retaining and understanding information because of my learning disability, therefore I am beyond grateful to anybody who is willing to give me advice and direction. 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.) RESURGENCE LEGAL GROUP, PC 3. How much are you being sued for? $ 3k 4. Who is the original creditor? (if not the Plaintiff) CITIBANK 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) Served in person 7. Was the service legal as required by your state? I believe so 8. What was your correspondence (if any) with the people suing you before you think you were being sued? They may have sent me letters in the mail, I am unsure 9. What state and county do you live in? Orange County, California 10. When is the last time you paid on this account? (looking toestablish if you are outside of the statute of limitations) Looks like 11/07/2016 11. When did you open the account (looking to establish what card agreement may be applicable)? I believe it was online 12. What is the SOL on the debt? Looks like 4 years 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). Not sure what I’m looking for specifically but if shows that a case was opened (electronically) and that I was served 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 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? It says 30 days after the summons, which is dated 12/16/2019 but I was served on 12/21/2019 , I’m not sure which date I would go by for the 30 days 17. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. They included 3 Exhibits. Exhibit A is a copy of my last bill from the original creditor, Exhibit B is a “bill of sale and assignment” dated 3/29/2018 by Citibank to Distressed Asset Portfolio III , there’s a few different dates on this paper, something about an “addendum” and it lists Distressed Asset portfolio III and Distressed Asset portfolio IV ... its very confusing for me, the Exhibit C is 21 pages of mostly blank paper with the exception of a column on the top of each page that says something different on each page, the first page being the last 4 digits of the credit card number, the second page being the sale amount and principal amount, the third page being charge of interest and fees. It looks like maybe this is some sort of spreadsheet printout 18. How did you find out about this site? Google search
  10. Hello, I See fellow members refer to you for help when dealing with being sued and served by legal groups on behalf of old debts, I tried to send you a private message but it wouldn’t allow me, is there anyway you could help guide me in dealing with a legal group that suing me?