AlmostBK

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  1. SOL When will SOL start any California Case Law. I read that SOL will start the day of default. So If the CC Statement has a due date of January 25th the account would be in default on January 26th. OR would is be 30 after default?? If it starts the day of default then I am in luck if I can use Delaware's 3 years SOL. Any case law in California clarifying the SOL starting date ????
  2. California case 1. Who is the named plaintiff in the suit? Unifund CCR, LLC 2. What is the name of the law firm handling the suit? Law Offices of Kenosian & Miele, llp 3. How much are you being sued for? $8,000+- 4. Who is the original creditor? (if not the Plaintiff) Barclays Bank Delaware – Juniper Card 5. How do you know you are being sued? (You were served, right?) Yes, served at home by sheriff. 6. How were you served? (Mail, In person, Notice on door) Sheriff personal served me. . 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 from me, a lot of demands from CA's . 9. What state and county do you live in? California, Los Angeles 10. When is the last time you paid on this account? Last payment was 11/2016 Original suit was filed 01/2020 Time between last payment and filing is 38 months. Three years and two months. 11. What is the SOL on the debt? Delaware is 3 years / California is 4 years - Would like to use Delaware 3 years https://scholar.google.com/scholar_case?case=10121350625093322993&q=RESURGENCE+FINANCIAL+LLC+v.+CHAMBERS&hl=en&as_sdt=4,5 12. What is the status of your case? Status is pending Proof of Service has not been filed, I filed a GD and FW on time, FW was denied, I have filed for a FW Hearing. I was just planning to delay and file BK but after reading and looking around it looks like I should fight this. 13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) No 14. Did you request debt validation before the suit was filed? Note: if you haven't sent a debt validation request, don't bother doing this now - it's too late. No. 15. How long do you have to respond to the suit? I have filed a GD and FW. Waiting on hearing for FW.PLD-050 GD.pdf Complaint – 1. Breach of contract 2. Common Counts “Demand does not exceed $10,000” enrichment. 16. What evidence did they send with the summons? Complaint with Exhibit “A” copy of CC Statement dated Dec 2016 with last payment as of November 2016 17. Just checked Credit Report and the only Barclays account was closed 05/2015. It is list as “Credit line closed-grantor request-reported by subscriber” Also shows “Payment Status” as “Paid satisfactorily”
  3. Thank you, I have gone from delay to file BK to maybe I should fight this. Google Scholar RESURGENCE FINANCIAL v PAMELA S. CHAMBERS https://scholar.google.com/scholar_case?case=10121350625093322993&q=RESURGENCE+FINANCIAL+LLC+v.+CHAMBERS&hl=en&as_sdt=4,5
  4. Filed a GD a few days ago and just to make sure I did it right I reviewed the court record to find a sample. After a half hour searching the records under Unifund I found only one reply and it was to confirm the debit. 1000's of cases almost all of them went to default and a few were settled or dismissed. Guess if you just file a response you are in the 1%. Going back soon my fee waiver was denied, I am requesting a hearing. If I can get my FW I get what i need is time to file for BK. Because so few file a reply I am wondering if maybe I should fight it. Trial date is 5 months out. What are your thoughts. My credit problems started in 2016. 1. SOL on all my debit would be end of 2020 by with Covid SOL was extended 6 months so now June 2021. 2. A BK will stay on my record till 2030 or 2031. All my bad debt will fall off my record by 2023. 3. Could I offer a settlement to Unifund for court ($225.00) filing fees? I allegedly owe them almost $8,000.00. Just a crazy thought. 4. A BK would clear my phone, right now I receive about 30+ calls a week and have stopped answering my phone. Thank you for any replies
  5. Don't use it. Spent over an hour entering info and it was not right on the forms
  6. I said it was because of thinair and no sunlight. Thank s for the repy
  7. Saving $$ to file BK. Found this and just wanted to see if anybody has used this software. Feel safer with an Attorney but I am finding myself short on funds.
  8. https://www.calbar.ca.gov/Portals/0/documents/ethics/Opinions/1986-90.htm
  9. 🙈 Today the Sheriff delivered the papers, so my clock has started. Here is my situation. I was waiting for the SOL to run or file BK if I was served. My timeline to file (BK) is in September so I need 45 days. I won’t be ready to file before September. Total debit 40K + : Chapter 7 : No means : income below. Served by Law Offices of Kenosian & Miele, LLP for Unifund for about $8000 plus cost. Option 1. Do nothing and file BK as planned. Lets the cards fall where they will. Option 2. File something to delay the case until September when the BK will wipe it out. Found this as helpful for filing a GD https://saclaw.org/wp-content/uploads/lrg-responding-to-a-lawsuit.pdf My questions are …. 1. How long will it take Law Offices of Kenosian & Miele, LLP to file and receive default? 2. How long will it take to get a judgment after they file? 3. Am I wasting my time doing anything and just keep going forward on the BK, don’t worry about this BS? 4. Anybody get a fee waiver in California on unemployment? 5. Has Covid slowed the Collections Court down in Chatsworth? Will the default/judgment be delayed by 10 days from their filing? 6. Could I file a countersuit and keep this going after the BK discharged the debit. TKU in advance Counterclaim thoughts might be grabbing thin air???? John P. Kenosian is adding unlicensed practice by using “Law Offices of Kenosian & Miele, LLP” as name in court documents. K&M, LLP is not registered with the CA. State Bar. “Law Offices of Kenosian & Miele, LLP” is not registered with the SOS of CA.” Kenosian & Miele, LLP” is a registered LLP but not “Law Offices of….” Kenneth J. Miele died in 2015. So Mr. Kenosian is in violation of Ethics Opinions 1986-90, using a dead man’s name in biz name. https://www.calbar.ca.gov/Portals/0/documents/ethics/Opinions/1986-90.htm Again thin air, stay at home has left me inside with no sunlight. I need to get out soon.
  10. Did the collection agents just receive an extra 6 months on SOL in California ?? https://www.courts.ca.gov/documents/appendix-i.pdf "Emergency rule 9. Tolling statutes of limitations for civil causes of action 2 3 (a) Tolling statutes of limitations over 180 days 4 5 Notwithstanding any other law, the statutes of limitations and repose for civil 6 causes of action that exceed 180 days are tolled from April 6, 2020, until October 7 1, 2020. 8 9 (Subd (a) amended effective May 29, 2020.) 10 11 (b) Tolling statutes of limitations of 180 days or less 12 13 Notwithstanding any other law, the statutes of limitations and repose for civil 14 causes of action that are 180 days or less are tolled from April 6, 2020, until August 15 3, 2020. 16 17 (Subd (b) amended effective May 29, 2020.) 18 19 Emergency Rule 9 amended effective May 29, 2020. 20 21 "