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kcoble24 last won the day on July 7 2020

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  1. Okay everyone, First of all Happy 4th of July! Just to follow up, We were scheduled for a case management conference on 6/29/20. On the 25th We were notified that they have asked for dismissal of the lawsuit. A win! yesss!! But I believe I need to now ask for dismissal with prejudice correct? Because they asked for dismissal without prejudice. If that is the case can anyone point me in the direction of how to go about getting a dismissal with prejudice? Thanks again!!!
  2. Okay, so everything has been filed and my Affadavit was denied. The comment was needs face page. I have googled the face page and cant find any info. I contacted the court clerk and they were no help lol
  3. Okay, I have the Memo of points and authorities completed. and the MTC done. What do i need to include with these 2 docs? I have seen an affadavit for credit agreement mentioned. I would assume i need to mail these out and provide a proof of service like I did with the General Denial. I would like to get everything sent in today. any help would be greatly appreciated!
  4. Okay, so an update: I filed the general denial (stating the affirmative defense for arbitration) and proof of service. Everything was accepted and now we have the following: Case Management Conference schedule for May Order to show cause for July Order to show cause for December. I am wondering how i proceed now, Is now the time I file a Motion to compel arbitration and if so is there a good template I can use to submit that? Thanks again for everyone's help you have made this wayyyyyy less confusing!!!
  5. I see that and I see he is arguing certain points and citing case law for them. Do I have to do that? Or is it possible to send the motion without citing specific case law as I'm just trying to get the case to arbitration before the due date at this point. Is there anyone that can help me individually? I can pay via PayPal for your time. Thanks
  6. Also where is everyone getting the information to fill in for the MTC is there sample where i can just fill in the blanks? .
  7. I am so confused! I dont know what im supposed to do first and how! I have read that I need to answer the lawsuit first, that I need to file a MTC for Arbitration and no answer or both at the same time. Im trying to get this submitted by tomorrow and get this stress a little resolved as far as the deadline is concerned can anyone point me in the right direction. Thanks!
  8. Thanks for your response Love Is Power, With that information I feel like I am ready to fight this and see what happens. My wife has tried contacting Lawyers and they say that the amount is too small for their services. I will continue to do my research when it comes to fighting this. My question is this: From my research Arbitration is the best play here correct? If so, do i fill out a motion for Arbitration as my response to the lawsuit? Thanks!
  9. any idea on what to expect if i try to settle? like .50 cents on the dollar etc? if i try to settle will that hurt me if i try to battle in court?
  10. Just to update this post, the lawyer has now sent me a letter saying that they are willing to settle if we dont actually go through the legal process. Is this a good idea? I know going through the legal process will be time consuming and super confusing. But has anyone ever tried this? Thanks
  11. 1. Who is the named plaintiff in the suit? Unifund CCR LLC A limited liability company 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) John P. Kenosian Law Offices of Kenosian & Miele 3. How much are you being sued for? 4192.04 Attorneys Fees, Costs of Suit and other such relief. 4. Who is the original creditor? (if not the Plaintiff) Barclays Card 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 my home 7. Was the service legal as required by your state? I believe so Process Service Requirements by State - Summons Complaint 8. What was your correspondence (if any) with the people suing you before you think you were being sued? None, they sent threatening letters but no response from us. 9. What state and county do you live in? CA Kern County 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) 12/16/2016 11. When did you open the account (looking to establish what card agreement may be applicable)? 11-21-13 12. What is the SOL on the debt? To find out: 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). No actions yet as im trying to learn how to handle this, my wife is scared and Im trying to assist. 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? 30 Calendar days from 1/14/20 Here is an example of what the summons/complaint may look like: Sued by a Debt Collector - Learn How to Fight Debt Lawsuits 17. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. A credit card statement. 18. How did you find out about this site? Good ole Google THANKS FOR YOUR TIME AND I APPRECIATE THE HELP! WE ARE STRESSING OUT OVER HERE!