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lovetoresearch

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  1. Ok so I'm new to this process and when I discovered I could "e-file" I envisioned uploading a few pdf files before midnight... it's now 6:24pm and midnight is approaching before I'm technically judgement-eligible... Can I call the actual debt-buyer tomorrow and settle (lump sum) before the attorneys have the chance to file to enter judgement and garnish wages, etc? If so, what document do I request from the debt buyer to prove the debt is cleared to the courts? Just a $0 balance? Would I still be liable for the fees the lawyers accrued for filing the suit? Thanks,
  2. Hi everyone, thanks in advance for your help. My deadline is roughly 48 hours from now 😬 I'm interested in hearing your advice on my situation... Debt collection suit. Balance is $921.19 ($425 of which are late fees and interest, accrued prior to charge-off). As far as I know, Bloomingdales (Dept. Store National Bank) sold to Cavalry and Cavalry hired Nelson & Kennard (N&K) to collect. I received one letter from N&K in Dec. 2020, which I just opened. I have USPS Informed Delivery so I get emails of scanned images of my mail everyday. I saw it there. I didn't see anything from Cavalry - that doesn't mean it wasn't sent. I didn't reply obv. to the N&K letter which looks like a legit attempt to validate the debt. It includes the charge-off creditor, the charge-off account number, the current creditor, the current balance, and Nelson & Kennard's File No., and the 30-day offer for me to dispute the debt; ref. to Rosenthal Fair Debt Collection...; an offer to request additional info from Cavalry; and lastly the CCPA clause. Still, I found a few discrepancies I can contest in my answer, but I'm wondering if given the low amount of the total, it's even worthwhile filing an answer. It may be less expensive to not engage any further court fees for either side... it's $225 for me to file an answer and I think it was $320 for him to file the complaint. Here are some facts: I was served legally, at my home The papers I was served with include the following: Summons; Civil Case Cover Sheet; Complaint; Cert. of Mailing; Civil Case Cover Sheet Addendum and Statement of Location; Notice of Case Assignment; Order to Show Cause Hearing / Case Management Review; "Filing and/or Process Service Instructions" on top The Complaint has 24 paragraphs Header 1 entitled: Preliminary Allegations #1 - references Section 474 of the Code of Civil Procedure...fictitious defendants DOES do most people "agree" or "deny" or "don't know" to this one? The "Proof" they included isn't great... #6 - references Section 1788.52 of Civil Code to introduce his Exhibit A, a Bloomingdale's credit card statement from May 2017 #15 - states, "defendants were indebted to charge-off creditor...as...stated in writing...attached hereto as Exhibit B,..." a Bloomingdale's credit card statement from Jan 2018 both bills are addressed to my previous home address (like 3 moves ago) both bills identify the account no. Exhibit A identifies: last payment: $186.00 on May 14, 2017 Apr 24, 2017 ... LATE FEE REVERSAL -$25.00 Apr 24, 2017 ... LATE FEE REVERSAL -$37.00 Exhibit B identifies: Dec 20 ... LATE FEE $37.00 Total Fees for this period $37.00 Dec 24 ... INTEREST CHARGE ON PURCHASES $19.38 Total Interest for this period $19.38 2017 Totals-Year-To-Date Total Fees $286.00 Total Interest $173.52 *My "proof" a 2017 transunion credit report that shows this account was charged-off in Dec. 2017; this contradicts a statement in the complaint that suggests my current address, the one in which I was served, is the one the credit owner had on file "prior to sale of the charged off account" - this is incorrect and easy to prove i also found an email from bloomingdales, May 2017, that documents a late fee reversal in the amount of $25 (like above) on May 17, 2017 but the account number is different than the one referenced in the bill the plaintiff includes here... can I use this to indicate there's a good chance he has the wrong information or that Bloomingdales made an error? lastly, i haven't seen any proof cavalry owns this debt. i haven't seen any proof N&K have been enlisted to collect this debt . i don't recall if this debt is legitimate without an itemized recount of the expenses, so I can't say with certainty it is mine... First Cause of Action (Account Stated); Second Cause of Action (Money Lent) "WHEREFORE, plaintiff prays for judgement against Defendants, and each of them, jointly and severally as follows: FOR THE FIRST CAUSE OF ACTION: (1) Damages in the sum of $921.19; (2) Costs of Suit and; (3) Such other relief as the Court may deem just and proper. FOR THE SECOND CAUSE OF ACTION: (1) Damages in the sum of $921.19; (2) Costs of Suit and; (3) Such other relief as the Court may deem just and proper. (does this mean I'm being sued for $921.19 x 2?) Signed by Attorney. Last page: signed Verification "delcares under penalty and perjury of the law". THANK YOU!
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