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kenpo1980

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Everything posted by kenpo1980

  1. Thank for the information. And yes, I have been avoiding which is not good but I just did not really have any financial options until recently. I will probably call them but I need to cool off a bit as I am really ticked off by this recent tactic. Also, just as a side note neither of my parents had anything to do with my student loans. These loans are from over twenty years ago and my mother has moved probably five times since then and they called her on her cell phone so I am not even sure how they got this information. Thanks!
  2. So here is the situation. I have not defaulted on my student loans, they were with Sallie Mae but now with Navient, but I am very far behind due to a very unstable work situation for most of this year. Anyway, they had been calling me night and day for the past few months and their most recent tactic has been to start calling my work and even my mother. I recently came into a bigger paycheck and I made a payment of $1000, which is was about a third of my past due, and I was hoping that would get them to back off but today they called my wife, which is just over the top so I have a couple of questions. First, is there a way to get them to stop harassing other people besides me? I am honestly a bit shocked by this type of collection tactic on my federal student loans, it seems like something a JDB would do. Secondly, does anyone have experiencing in negotiating with these folks and coming to a reasonable resolution? . I honestly can probably get caught up over the next few months but I have heard that these folks can be pretty unreasonable in their demands, which the constant calling seems to indicate. Thanks!
  3. Thanks. I think I am going to go ahead and just file the regular answer and not a general denial, it does not take much more work to do that but a couple of additional questions, if you don't mind. First, is there any beneift to waiting a little bit to send the Answer. I don't want to wait until the last minute but I was planning on sending it in a couple of weeks, which would still quite far from the actual thirty day cut-off. Secondly, I have been seeing a lot about asking for a Bill of Particulars, is this something I should do as well and I should I do that before, after or at the same time I send the answer? I know it does not have to be served but I was thinking I might just include it with the answer. Third, and this is more procedural, can the person who does service by mail have the same address as me, as long as they are an adult? Thanks again!
  4. Thanks for the response. It looks like they have some of the required language but not everything that is required. The pertinent language is as follows: "I am the attorney of record for the plaintiff in the above-entitled matter.Said plaintiff is absent from the county in which I have my office and for that reason I am making this verification on it's behalf. I have read the foregoing documents and know the contents thereof. Based on the business records of the Plaintiff and my review of available factual information, venue lies properly with this court becusae (i) Defendant lives in this judicial district at the time this action is commenced; (ii) Defendant lived in this judicial district when the contract was entered into; or (iii) the contract was in fact signed by the Defendant in this judicial district. I declare under penalty of perjury under the laws of the state of California that the foregoing is true and correct." . I guess this could be considered verified but what's a bit odd is that they seem to leave off any reference to actually believing that the matter stated in the document are true. All they say is that they know the contents of the document and then go into they believe the venue is correct. I am almost wondering if they are being a bit obscure in hopes that I will answer incorrectly...
  5. Thanks for the responses, they are much appreciated! I will definitely make sure to get my answer filed in this matter so that they do not get a default judgment against me, which is what they are hoping for on their end.
  6. I am being sued by CACH in Calfiornia, I was just served , and I am trying to figure out whether I can do a general denial , which seems to hang on whether a summons is Verifiied. I thought the summons was Verified because there is a page that has "Verification" at the top but it seems to be just the lawyer confirming that they are licenced to practice in California and that they believe the venue is correct. The only thing they say with regards to the allegations is "Defendant lived in this judicial District when the contract was entereed into; or the contract was in fact signed by Defendant in this Judicial District". Is this considered a "Verification" in terms of what kind of denial I can do? Also, what I find interesting here is that the the total Summons is like three pages with just two causes of actions, "Account Stated" and "Money Lent Paid or Expended". They did not attach any documentation related to my original account with the creditor or any information showing me that the JDB can even collect on the debt. Given how slim all this paperwork is my guess is that they are just hoping I willl panic and call them to settle or something.
  7. A couple of more questions. First, am I correct in understanding that pld-c-010 is the correct form? Secondly, since it is a Verified Complaint I can check the general denial box, however, does that mean I just skip check the second box and put in all of the denials? The thing that makes me uncomfortable is the fact that it says Defendant Admits all statements in complaint are true except.... And if anyone has specific responses to the two causes of action that would be much appreciated. Thanks!
  8. Hi all, well CACH finally successfully served me so but I do have 30 days to respond so I am looking for information on how to formulate my answer. There is a Verification attached, by the way, so I am guessing a General Denial is out. Thanks! 1. Who is the named plaintiff in the suit? CACH LLC 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Neuheisel Law Firm 3. How much are you being sued for? $6000 4. Who is the original creditor? (if not the Plaintiff) HSBC 5. How do you know you are being sued? (You were served, right?) Served 6. How were you served? (Mail, In person, Notice on door) Personal Service on 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 9. What state and county do you live in? California/Ventura County 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations)January 2013 12. 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). Complaint Filed 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. Causes of Action A. Account Stated B. Money Lent Paid or Expended I think I missed some questions but other than the summons and complaint there is not any type of proof attached in terms of the debt it's self. Thanks for any, and all help!
  9. Thanks for the responses. I think I will probably wait for CACH to serve me and just decide what to do then. Just from the research I have been doing it kind of seems that what these JDBs are relying on is that debtors will either not respond, which will result in default judgment, or panic and try to settle - they are playing a numbers game. Also, I would like to think that the credit industry would start to make some changes that encourage paying back debt because i am one of those people that would actually like to pay back my debt when I right my financial ship. The problem is that once things go south they make it very hard to justify to trying to make things right again.
  10. Hi all, CACH recently filed a suit with me in California. The reason I know this is because someone came to my home on Saturday when I was gone and based on what my wife told me I figured it was probably a process server so I did a dockest search and found the case. The case was filed a couple of weeks ago, and I have no idea what the debt is for, but I am pretty confident it is probably for less than $5000. So what I am wondering is if I should do anything at this point or just wait to be served. I am in the legal industry and I do understand that they can't actually do anything in terms of getting a judgment until they actually have some kind of service so should I just wait until that happens and then respond or should I do something proactive now. My guess is that CACH probably paid a fraction of what my original debt was worth and so my assumption is that if I offer them something that at least covers their costs ,and makes them a little bit of money, they will go away but I don't want to go down that road if it will open me up to possibly paying more and this does not go away. Just as a side note here, I honesltly would have no problem trying to figure a way to clearing the complete debt down the road, if I can, but my understanding is that once things get to companies like CACH there really is no upside to this in terms of your credit report. Basically you are just providing companies like CACH with a windfall and you stil have this charge off hanging out on your credit report for seven years. Thanks!
  11. Thanks for the responses everyone and it seems the best course of action right now is to just wait until I am actually served by them. My guess is that if they are unable to get personal service they will eventually try to do it by mail. It's interesting that you say they would not settle for less than 50% if the paid probably a fraction of what the debt actually cost. If it came right down to it I could see taking care of it for a little less than $1000 but at this point I have no official notice of the lawsuit. Also, what kind of conditions would one normally require to settle? My concern here would be the rest of this debt being picked up by someone else down the road and I would just want to make sure that is completely done.
  12. Thanks for the response, it is much appreciated. A couple of questions for you. What is the benefit of paying them versus just getting challenging the lawsuit? Is there anyway to get the record removed or at least show that the debt has been settled in full on the credit bureaus? If it is true that they pay pennies on the dollar for these debts what's the minimum you think they would take? It seems to me that a number somewhere between $300 to $500 would make them leave me alone forever.
  13. Hi all, I am just looking for some advice on the best way to handle this. I have not yet been officially served but I received a letter from a law firm that works with debt collectors lettiing me know about the suit. I am an attorney myself and even though I have no experience in this area I am thinking I could probably handle this myself but I am not sure if I should even do anything yet until I officially get served. 1. Who is the named plaintiff in the suit? Portfolio Recover Associates 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Portfolio Recovery Associates in-house attorney 3. How much are you being sued for? - I believe around $2500 but I am not sure 4. Who is the original creditor? (if not the Plaintiff) -Sears 5. How do you know you are being sued? (You were served, right?) -not served yet. got a letter from a law firm that works with debtors to resolve these issues. 6. How were you served? (Mail, In person, Notice on door) -Not Served 7. Was the service legal as required by your state? -Not served yet 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? -California, Ventura County 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) -Not quite sure but probably around the beggining of 2011 11. What is the SOL on the debt? To find out: -4 years, this is still within the SOL Statute of Limitations on Debts 12. 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). -Case Assigned to a department, there is no court date. This is in Small Claims 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? (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 from service, which has not happened, even via mail. So, again my question is, should I do anything at this point. Even though I do not practice this area of law I have access to virtually every type of legal form imaginable and research material I would need I just need a little guidance to get started. Also, I am not averse to hiring a lawyer to handle this if they can resolve this very inexpensively. Thanks!
  14. Actually, I was just able to pull my credit report for free and I discovered that this is scheduled to fall of in November of this year so I think I am just going to wait it out and then decide how to proceed. My guess is that this explains why they are willing to take such a small settlement amount at this point.
  15. Hi all, Today I received an offer to settle an old Providian credit card debt from Capital Management Services for 15% of the total amount. I knew that this debt was out there but for years it has been floating around from CA to CA. I am tempted to pay the amount because I can afford to and this is the last piece of bad debt that I have, however, I have a few concerns. First, I think this debt may be outside the SOL, which I believe it's four years in CA. And if it is outside the SOL what benefits are there to me paying this off? Second, I believe this debt has been "re-aged" several times. I don't think Providian has made a report on this in years but it has shown up under several CAs, how do I deal with this issue? Finally, if I do choose to pay it off how do I get assurances that the remainder of this debt wont be sold to another CA? Answers to these questions or any other suggestions will be greatly appreciated. Thanks!!
  16. Hi all, I am currently researching this issue myself but I thought I would see if anyone else has any thoughts. Basically I defaulted on a couple of private student loans over five years ago while living in California. I am now being sued in California by a company that was assigned these loans. Both loan agreements were signed in Minnesota over ten years ago and both contracts have an Ohio choice of law provision. My attorney basically believes that the OH or MN SOL, which are 6 and 5 years respectively, should apply but I am not so sure. Neither the current assignee or the assignor are incorporated in Ohio. The original bank that is listed on the loan is based in Ohio but this loan seems to have been transferred by them a long time ago. I guess the question I have is does a choice of law provision apply to the SOL? I mean I guess it would apply if they had sued in Ohio but would it apply in California if none of the parties in the current action have any relationship to Ohio? Any opinions would be greatly appreciated.
  17. This is probably a silly question. But I am out of town and have to serve an answer on an attorney back in Cali before I get back. I already know how to fax file my answer and POS but is there any problem with having my wife state in the POS by mail that we are mailing from Wisconsin and not Los Angeles County? Does this make sense? Our address is in Los Angeles County. Thanks!!
  18. Thanks for the response. Part of the reason I was asking is because I have a lawyer looking into this and he seems to think this is relevant. It also looks like these are loans that TERI acquired from someone else. If it comes down to it I think TERI is probably screwed because of the previous dismissal which was with prejudice "to all parties and all causes of actions." Not to mention the fact that an argument could be made that their lawyer violated the FDCPA by misrepresenting the legal status of a debt. Finally, they did know my address since this is the same law firm that I made payments to over four years and that would occassionally send me "payment reminders". I think somebody screwed up at this firm or at TERI.
  19. Hi all, does anyone know if student loans that aren't backed by the federal government are subject to the SOL? TERI is trying to sue me on a loan they claim I defaulted on five years ago but have not once sent me a bill or any kind of notice. What's bizarre about this is that I finished paying off another student loan to TERI through a CA law firm that is now suing me after I paid them over four years. They dismissed this suit with prejudice back in Jan and I didn't hear anything from them until the served me two weeks.
  20. Thanks! I actually did that but I wanted to see if anyone on this board had someone they had personal experience with.
  21. Hi all, well due to lack of response I have received from a collection law firm that is suing me on a debt i believe is settled I probably need to find a lawyer. I am looking for someone in the Los Angeles area, the valley is fine, that has fair debt collection experience. Thanks!!
  22. Well this actually wouldn't be outside the sol because we are talking about a student loan. My concern here is that even if this is the same exact loan filed under a new case number they could get a default judgment if I don't respond. And if this is a completely different loan wouldn't they be violating the FDCPA here by misleading me on the status of a debt by telling me everything was settled and then suing me four months later on behalf of the same client, with the same legal cause of action on a loan I alledgedly defaulted on five years ago but have not received one bill or piece of notice on in all that time? I mean either their client just discovered this loan after five years or the firm just forgot to include this in our settlement five years ago and are now suing me to cover their a$$ with their client. And finally wouldn't the dismissal with prejudice on an an identical cause of action operate as res judicata here even though they opened a new case number?
  23. I am bumping this because I would really like some opinions. Thanks!!
  24. Hi all, last Tuesday I was served papers on an action that I believe I had settled with a collection law firm. Basically I entered into a stip of judgment with the firm about five years ago and proceeded to make payments until January of this year when I received a letter from the lawyer at the firm that the matter was "settled in full" and thanking me for my "professional cooperation" in resolving the matter. In March I then received copy of the filed Request for Dismissal with Prejudice and I thought I was completely done with this whole thing until I was served last Tuesday. I know this firm probably does tons of collection suits and my guess is that they probably screwed up here and mistakenly filed this. Basically it looks like they opened a new case on the same exact loan but the collection guy I talked to there kind of "passively" said he thought there may have been another loan to which I said "so your firm decided not to send me any notice of this other loan why I was making payments for five years?" Anyway I sent a letter to the lawyer with a copy of his original letter and the dismissal with prejudice and as of today I haven't received a response. I know I have thirty days to file an answer and I don't really want to "lawyer up" if I don't have to because of the cost. Any suggestions on how much time to give these jokers? Thanks!!
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