Jump to content

psz3s2143

Members
  • Posts

    10
  • Joined

  • Last visited

Profile Fields

  • Location
    los angeles

Recent Profile Visitors

The recent visitors block is disabled and is not being shown to other users.

psz3s2143's Achievements

Member

Member (2/6)

4

Reputation

  1. If anyone is reading this, my trial was set for October 15, 2021. I sent them my CCP96 on August and they did not reply. I was in the middle of preparing my defense for trial but received a Request for Dismissal without Prejudice. I was skeptical so I checked the court's website and what dk you know.. It was filed and trial taken off calendar. Huge sigh of relief! I want to thank everyone on this forum for helping out and answering any questions. I couldn't have done it without the people and information available on here. 🙏🏻
  2. Hi @RyanEX Thanks for asking. Well, I served my General Denial with Affirmative Defenses. So far crickets.. I did receive a response to the Bill of Particulars. It was a packet including the following: Exhibit 1 - Monthly account statments (Apr 2016-Aug 2017) Exhibit 2 - Bill of Sales Is this everything they are required to give me? It only seems like what was included in the Complaint and it doesnt seem like it was signed under penalty of perjury. I am not sure if I should meet and confer or send discovery? Trial date is October of next year...
  3. Hello! I spoke to several attorneys who were not willing to jump on the case as they say SOL seems within the CA four year. It doesnt look like they want to make a fight over it under the borrowing clause.. I am hoping to do the leg work and get the case dismissed before going to trial. Maybe the route would be MTC Arbitration? However, I do not have a copy of the credit card agreement so I am not sure if there was an arbitration clause. Is this something I can request from them? It looks like from the bill of sales, there were six different debt buyers, including the original creditor Barclays Bank Delware. I would appreciate any kind of guidance! I am at a loss as to what to do. Thank you.
  4. I received a response to the Bill of Particulars. It was a packet including the following: Exhibit 1 - Monthly account statments (Apr 2016-Aug 2017) Exhibit 2 - Bill of Sales Is this everything they are required to give me? It only seems like what was included in the Conplaint and it doesnt seem like it was signed under penalty of perjury. Is there a sample meet and confer??
  5. Thanks for your response @BackFromTheDebt My mom doesn't want to visit any attorneys. I was hoping I can just deal with them on her behalf and maybe get her case dismissed like a handful of people on this sight. Any advice on how to go about it? Would I still send out my BOP and file a general denial?
  6. Hi @nobk4me Thanks for your response. It was filed October 9, 2020. Should I list the SOL as an affirmative defense?
  7. Hello everyone, My mom who is widowed, speaks zero english, and has no income has been sued by Unifund LLC. I scrolled through other threads and was hoping to find some more help. I intend on serving Bill of Particulars by Certified Mail, RR Requested on Monday and filing a General Denial by the due date. What should I anticipate after? What are the odds of actually going to trial? My mom has a weak heart and would hate to put her through such anxiety of going to a courthouse before a judge. I am providing general info below. Thank you for all your help and any insight on past outcomes would be great. 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 3. How much are you being sued for? ~$5,500 4. Who is the original creditor? (if not the Plaintiff) Barclays Delaware 5. How do you know you are being sued? (You were served, right? Papers 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 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 9. What state and county do you live in? Los Angeles, CA 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) Oct 2016 11. When did you open the account (looking to establish what card agreement may be applicable)? Not sure, maybe 2014 12. What is the SOL on the debt? To find out: 4 years Statute of Limitations on Debts 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). Suit served but no POS on file. Case status pending, OSC regarding service Oct 2021 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 days 17. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. Ex A - One Month Statement Ex B - Bill of Sale (there were about four different debt buyers before them) Ex C - Redacted rows showing name and last four credit card acct number 18. How did you find out about this site? Google
  8. Hi, How is it going for you? My mom got served with almost the exact same case info. I am trying to fight it on her behalf. She is widowed, unemployed, and does not speak English very well. Any advice would be appreciated.
×
×
  • Create New...