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Everything posted by phoneczar

  1. C1 has tried to sue 2 times on an alleged debt. Both times dismissed. C1 recently started sending bills to us. Debt is beyond SOL. Should we send C1 a FOAD letter? No recent collection activity has occurred. What could they be up to? Any one else experiencing this?
  2. The first time was dismissed w/o prejudice after we hit them with a Req for Production of Documents. The second time it was dismissed w/o prejudice when Mann Bracken fell apart.
  3. Third time C1 is coming after us for a +25k credit card debt. SOL is definitely expired on this. We DV'd Northland Group who is the CA. They sent copy of signed application and 2 statements. If this goes to lawsuit how do we prove SOL or does that fall on them?
  4. C1 and Northland are attempting to collect on a debt past SOL. DV / SOL / FOAD letter has been sent to Northland. We have been sued 2x for this and both times dismissed w/o prejudice. Can they both demand payment or is there FDCPA or Rosenthal violations happening?
  5. I would add something regarding SOL such as: Defendant alleges that this action is time-barred under ยง<insert the law which states SOL> of the laws of <name of your state>. This will go in my next answer if it gets that far. From what I have seen on this board you should ALWAYS use this.
  6. Any others? calawyer? Thanks for the reply! I would like to hear from some folks on the left coast....
  7. We have been sued 2x in Calif for a Crap1 card. Both times the case was dismissed w/o prejudice. Does tolling still happen even though cases were dismissed thereby buying more time for the Plaintiff? Or does tolling go away and the time is still from the last payment?
  8. I have been looking around and I thought for the life of me there was a thread regarding SOL affimative defense without admitting the debt. Can anyone comment or point me in the right direction?
  9. Send them a Ceast and Desist CMRRR Coast Mitigation & Associates Inc (949) 724-9544 1820 E Garry Ave Ste 107 Santa Ana, CA 92705
  10. And it gets better!!!!!
  11. I agree w/ Debtguru... We have been through the process 2x for the same alleged debt. when there is a dismissal w/o prejudice they will come back and refile a new suit.
  12. Latest- After Dismissal was filed by plaintiff and atty's we received Case Management Statement from them 2 days after they dismissed the case. On the CMC statement they claimed they had served us complaint and summons when they had not! Any recourse?
  13. Case Dismissed! Not sure why but we rec'd dismissal paperwork today and I also checked online with court. Are these guys looking for an easy default or do they not have their ducks in a row???? BTW -we were never served summons and complaint. Could that have some weight behind it?
  14. Return of service has not been filed. We filed CMC statement and are planning on being present at hearing.
  15. We are in Orange County. I have been able to follow the case online.
  16. calaywer -good to hear from you again! the only thing close to what you mention is "proof of non service". We went through this a year ago and case was dismissed. We are going to take the harder path and fight first. If we fail then will consider BK. This is the last chance for plaintiff as SOL is out in early 2010.
  17. So we have not been served with complaint and summons on this. I need to have a Case Management statement filed by the end of the week. What should I do about the complaint and summons. Should I wait until it is served or should I go to the courthouse and get the complaint and summons and then answer. Can the Case Management Statement be the "other first paper" filed?
  18. 1. Who is suing you? C1 2. For how much? 50k 3. Who is the original creditor? C1 4. How do you know you are being sued? Court Website 5. How were you served? Were you served? Not yet. 6. What was your correspondence (if any) with the people suing you before you think you were being sued? Letter of intent to sue sent from atty. 7. Where do you live? calif 8. When is the last time you paid on this account? Spring 2006 9. What is the status of your case (if anything has been opened)? You can find this by a) calling the court or looking it up online (many states have this information pos
  19. How can a Case Management Conference be scheduled in Calif when they have not served any papers?
  20. More to add to this. On my wifes credit report - Account charged off/Past due 150 days. $3x,xxx written off. $4x,xxx past due as of Oct 2008. What is the difference between a charge off and a write off? If this was charged / written off does this mean that the acct was "sold" and therefore C1 does not own the acct anymore? Can C1 get ownership of the acct back? 3 or 4 CA's have tried to collect on this. On the court website it states that C1 is the plaintiff and xxxx is the atty.
  21. Would a BoP request be better than a Request for Discovery after receiving summons? Do I need to file BoP with the court and do I need to file a motion? BTW - I found this page and there are forms for BoP and other collections stuff for State of California!
  22. Summons was issued in July but not been served yet. What could be taking so long for them to serve us? As always the help here is GOLD! Thanks all!
  23. So FDCPA applies here. Good. So my question stands - Does the Cease and Desist letter that we sent them for the last lawsuit still stand or do we have to send a new C&D?