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debtorshusband last won the day on May 15 2012

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  1. What BTO429 said. Or for that matter, what I said before: But in order to intelligently draw up your Motion in Opposition, you need the paperwork to get the facts. Similarly, you can't intelligently fill out your General Denial until you see the paperwork. Then you'll want to get it ready to submit when your Motion in Opposition is granted. Finally, your second post said "Failure to Request Entry of Default". That's a whole different ballgame. Have you gotten the paperwork? What does it say? In any case, be at that hearing tomorrow without fail to make sure they don't run you over. Good
  2. No disagreement with KentWA. Here's the process: On April xx, 2012, they started a lawsuit against you by filing a Compaint with the court. They also generated a document called a Summons, which basically tells you that you are being sued and it tells you what to do. The next step is a copy of the Summons and Complaint are supposed to be served to you. This is either done by finding you and handing the papers to you in person (Personal Service) or giving the papers to a responsible adult at your residence or place of employment and then following up by mailing you copies at the same address
  3. I have no idea if your request for a fee waiver would be accepted. My impression is that you need to be pretty destitute to qualify, but it can't hurt to try. If you know where the California court forms are found, there's an instruction sheet that goes along with the fee waiver form, so hopefully you can tell from that. If the fee waiver request is denied, you'll need to be ready to pay the filing fee for your Answer to be accepted; $225 for amounts under $10,000. Good luck, DH
  4. You seem to have picked up quite a bit already. Many posters might recommend you move to have service quashed. My advice would be to not waste time with this, as it only prolongs the inevitable; just move on and file an Answer. But you've already considered this and you say you think you need this extra time. In the end, you need to decide for yourself what course of action is right for you. Since you already know about the General Denial, I presume you know where to find the form to use? And that you know what the filing fees will be? Regards, DH
  5. You need to be more specific. What kind of account are you talking about? Credit card? Car loan? Mortgage? Personal line of credit? What information do you want? And why do you want it? Are you being sued? Who do you want the information from? An original creditor? A plaintiff in a lawsuit? Regards, DH
  6. Rivertime has already answered these questions, but since you addressed your question to me, I didn't want you to think I was ignoring you. If you don't know what pleading paper format is, you can probably Google it. Some of the paperwork you've received from the plaintiff is probably in this format, and you can use that as an example. Also, Microsoft Word has a template for this format, so creating your document is very easy. Another good resource is the book Win Your Lawsuit by Judge Roderic Duncan from Nolo Press. In addition to presenting information in one place in a logical sequence,
  7. You are correct, you only need to check box 2 if you are going to claim some Affirmative Defenses. Filling in your name on box 1 says you deny all their claims. There's been debate on these boards about Affirmative Defenses. One side says don't use any, because the burden shifts to you to prove them. I am not totally comfortable with this approach. While I understand the dangers of listing dozens of AD's especially if you don't understand them, my concern is that without any AD's the plaintiff will immediately move for Summary Judgment stating you have no defenses agains the action. Our a
  8. "Charge off" and "sold" are two different things. "Charge off" means the Original Creditor is now reporting the debt as a loss on their financial statements, but they still own the debt. Until it is "sold", at which point the debt is owned by whoever bought it. Regards, DH
  9. I'll give this a try, using the OP's number assumptions. But first, let me tackle the issue of "the JDB should only be able to collect at most what they paid." This is not the case. If it were, they make no profit, and in theory they're entitled to it. To illustrate: Let's say you and I play poker, and it comes to pass that I'm the winner and you're the loser, and you end up owing me $100, which you don't have. So you write me an IOU for $100. I bug you about it regularly, but for one reason or another you can't/won't pay. So one day I'm whining to a buddy named Bluto how I'm owed this m
  10. The only documents you should be producing are those that you want to use to help your case. This is the purpose of Discovery: each side must show their hand to the other. If they ask for something that will help them, you are not obligated to do their legwork for them. The answer is something like "A search of my records has failed to turn up any such documents." Good luck, DH
  11. Don't let the CMC statements distract or upset you; this is just minimum wage office drones pushing paper around without making sure it reflects reality. The judge isn't going to spend much time poring over CMC statements, anyway. You say this isn't your account; what did you say about this in your Answer? Sending a Bill of Particulars is fine. I'm not sure that Requests for Admissions is the way to go. The most important request you can make is for Production of Documents, in short all the documentation they are going to try to introduce as evidence. If this isn't your account, and this is
  12. Not only are they not suing the OP, the OP posted "It also states something along the lines of They will not use me for repayment of this obligation ,..." Of course I'm assuming "use" was a typo, and they were saying they will not "sue" him. Tell them to pound sand. And be snarky. Regards, DH
  13. Some comments: First, I don't think there's an FDCPA violation here for third party disclosure. For one thing, this wasn't done by a debt collector (covered by the FDCPA) but by a process server (not a debt collector). Also, in California, service by Substitute Service is proper: giving the papers to a responsible adult at the defendant's home or place of business, and following up by mailing copies to the same address. In this case, it seems to me they believed they had the correct address, and served the papers to a responsible adult. At worst, this is a simple mistake on their part, an
  14. I would send a Cease Communication letter, as provided for by the FDCPA, Section 1692c. I would probably add a snarky comment: "Due to the age of this matter, all records have been archived and my files have been closed." Regards, DH