AlmostBK

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About AlmostBK

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  1. I am done and dusted, Its over for me. Just received a "Request for Dismissal" Answer all the Plaintiff requests and know that the Plaintiff will need to show up in court to proceed. Maybe Covid helped me but when I talked to an attorney he said he has never seen Unifund show in court. I used this forum and the internet to respond to all documents from the Plaintiff. Good Luck and stay safe. Last please wear a mask we can kick this but it will take all of us.
  2. Has anybody filed a motion to request that a CA get a bond to pay any award ???? If you have hired an attorney what was your final cost? I need help on this any link to samples etc would be helpful.
  3. Just received my Discovery from them, I will post info on it latter. Just a few simple question my RFA were answered "Plaintiff is unable to admit or deny" on lot of my questions. Some of them asking to confirm their own documents. Can thay do this? Can I file a motion to compel? Also the alleged contract is 11 pages long all on one page. Impossible to read. I will request a legible copy. Don't know the best way to do this. any advice ?? Last the RFA were signed by their attorney but it is missing "Penalty of Perjury" statement. As I read the CCP rules RFA need
  4. 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 ????
  5. 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 requi
  6. 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
  7. 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
  8. Don't use it. Spent over an hour entering info and it was not right on the forms
  9. I said it was because of thinair and no sunlight. Thank s for the repy
  10. 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.
  11. https://www.calbar.ca.gov/Portals/0/documents/ethics/Opinions/1986-90.htm
  12. 🙈 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 wi
  13. 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 a