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LegalWarrior

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  1. If your in california and your being sued with an "ACCOUNT STATED" as a cause of action, then your going to want to look at the jury instructions to see what elements that need to be proven for an account stated. https://www.courts.ca.gov/partners/documents/Judicial_Council_of_California_Civil_Jury_Instructions.pdf Download the pdf and open with adobe and search for ACCOUNT STATED Assignment Contested Assignment NOT Contested
  2. Found this site today. seems like a good source of law research. Enjoy. https://lawshelf.com/coursewareview/civil-litigation https://lawshelf.com/coursewarecontentview/jurisdiction-over-the-parties-or-things-personal-jurisdiction/
  3. Thank you for your time and info that you gave me ryanex and BV80...you guys rock! i will definitely give that a read....btw....being sued by unifund.
  4. What's more important or that i believe is more important is the purchasing agreement between each party that buys the debt. The more times a debt is sold the harder it is to prove that they have standing to collect the debt. Take a look at unifunds agreement at the link below. https://debtbuyeragreements.com/archives/tag/unifund-ccr-partners
  5. actually its not chase....was being paranoid about them reading sites like this....so dates...numbers...and company names were switched. ๐Ÿ˜‰ Either way SOL was still good.
  6. ok i think i may of found what i was looking for all in one pdf file https://saclaw.org/wp-content/uploads/lrg-responding-to-a-lawsuit.pdf also BV80 there are 23 allegations in total
  7. im sorry BV80 i'm not getting it. what is so special about ccp 92? i truly appreciate your input, but im not getting how ccp 92 helps me to file my answer. im sure its me and my over worked brain for the last 3 weeks. please hint.
  8. yes that's one of the many things i have bookmarked and read on the legislature site. i've used that site many times for other legal matters in the past.
  9. it says on complaint "Limited Liability case". there are limited civil rules? as compared to just civil rules? =(
  10. 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.) I rather not say. 3. How much are you being sued for? $1000 4. Who is the original creditor? (if not the Plaintiff) CHASE Bank 5. How do you know you are being sued? (You were served, right?) I was served papers. 6. How were you served? (Mail, In person, Notice on door) in person by sheriff 7. Was the service legal as required by your state? I am not sure. I have read that they are supposed to serve me within 60 days unless it is a collections debt buyer case which is supposed to be within 180 days from when the case was filed. I was served after 180 days and have read that courts could sanction the plaintiff, but I have no idea on how that works or how to ask for sanctions on the plaintiff for the violation. 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 whatsoever. 9. What state and county do you live in? CA Orange county 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) it is within the 4 year statue of limitations in California. 11. When did you open the account (looking to establish what card agreement may be applicable)? 2016 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 is served I need to file response by Monday march 1st 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 I havenโ€™t requested debt validation 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? Monday March 1st-No, did not receive interrogatory โ€“ charges are 1) account stated. 2) money lent. 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 statement from OC when the account was still open. It shows last payment that is within the 4 year sol 18. How did you find out about this site? By researching on the internet 18. Read these two links: Using Arbitration To Defend A Debt Collection Lawsuit Sued by a Debt Collector - Learn How to Fight Debt Lawsuits after researching on the internet for the last 3 weeks i've written some notes below about the lawsuit. 1. pleading was never verified. There are no affidavits stating that the allegation is verified. 2. I have 2 credit cards in default. Credit card โ€œAโ€ and Credit card โ€œBโ€ (I am being sued for โ€œAโ€ only at this time) 3. The amount at charge off of credit card โ€œAโ€ is 1k (according to the lawsuit. I have no way of knowing this yet because I have not seen it on credit report of when and how much charge off was) 4. Exhibit A of summons shows an account statement from 2016 of credit card โ€œAโ€. Note this is a regular account statement of credit card โ€œAโ€. Itโ€™s not the charge off amount of credit card โ€œAโ€ 5. Credit card โ€œBโ€ on credit report shows account closed on a โ€œcertain dateโ€. 6. Coincidently in the lawsuit it states โ€œOn certain date defendants were indebted to the charge off creditor chase bank for the charge off sum of 1kโ€ I think they are getting the 2 credit cards mixed up. Also note that credit card โ€œAโ€ is not on the credit report anymore. Only credit card โ€œBโ€ is. I really need some quick guidance on how to respond to this lawsuit. Researching all of this in the last 3 weeks has my brain overloaded and I am not retaining a lot of this as I should be. Should I respond to each allegation in my answer or a general denial? If so, what are my defenses? Should I do a motion to strike? A motion to quash summons.? Demurrer? Sorry for the noob questions. i am simply overwhelmed. Thank you in advance on any guidance or help in sorting all of this out.
  11. Just realized i wasted a few moments of little time that i have to research my case by getting sidetracked reading this thread in whole. ๐Ÿ˜’ ok..back to answering questions that BV80 requested of me. ๐Ÿ˜€
  12. i think i just found my answer..... https://www.courts.ca.gov/cms/rules/index.cfm?title=three&linkid=rule3_740 (c) Exemption from general time-for-service requirement and case management rules A collections case is exempt from: (1) The time-for-service requirement of rule 3.110(b); and (2) The case management rules that apply to all general civil cases under rules 3.712-3.715 and 3.721-3.730, unless a defendant files a responsive pleading. (d) Time for service The complaint in a collections case must be served on all named defendants, and proofs of service on those defendants must be filed, or the plaintiff must obtain an order for publication of the summons, within 180 days after the filing of the complaint. (e) Effect of failure to serve within required time If proofs of service on all defendants are not filed or the plaintiff has not obtained an order for publication of the summons within 180 days after the filing of the complaint, the court may issue an order to show cause why reasonable monetary sanctions should not be imposed. If proofs of service on all defendants are filed or an order for publication of the summons is filed at least 10 court days before the order to show cause hearing, the court must continue the hearing to 360 days after the filing of the complaint. So what now? my brain is starting to hurt. =(
  13. https://www.courts.ca.gov/cms/rules/index.cfm?title=three&linkid=rule3_110 which confuses me even more because it says "This rule applies to the service of pleadings in civil cases except for collections cases under rule 3.740(a),"
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