CALIF Dreamer

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Everything posted by CALIF Dreamer

  1. Focus on sending them a BOP... Read all of the following
  3. you may also want to send off the BOP before you file your answer to the complaint.
  4. Linda7 is the arbitration expert here. or, if applicable for a business debt, consider challenging the JDB's standing. Most JDB's can't prove they own the debt. Once sued, sending the JDB a Bill of Particulars (BOP) should ruin his party. READ: Bill of Particulars Valueable Lawsuit Tool for Defendant 1) File your Answer to Complaint. 2) A few days later send request for BOP only if the complaint’s CAUSE OF ACTION is breach of contract/common counts. Send it USPS with CMRR /include Proof Of Service. Your BOP does NOT need to be on pleading paper. For a list of items that need not filed with
  5. But you did.... You have a greater chance of getting a response if you start your own thread.
  6. OR, IT COULD BE A LAWYER WORKING FOR A JDB. DON'T WORRY ABOUT BEING GULLIBLE JUST KEEP READING HERE. (I don't want to tell you how many mistakes I've made)
  7. In exchange for a fee, district attorneys’ offices have been allowing debt collectors to use their letterhead when going after people behind on their bills. More at:
  8. Continue making payments while you educate yourself here and methodically assess your situation and options per antiquedave's post. Knowledge will empower you and lesson your sense of being overwhelmed and helpless. There are more knowledgable people here than you could imagine, and all want to help you because most have been where you are. I won't suggest stopping your payments as that is for you to decide. But, if you do...........plan for it. Start using cash only and empty your bank accounts as much as possible. Do not transfer property as fraud is a no no. (Don't sell the car to your
  9. Here it is:
  10. For starters, you might want to read this, if you haven't already.
  11. If you live in California, try this.....
  12. I may be wrong but... The key word here is 'COMMUNICATION'. If, during the first phone contact (communication) the collector read you your rights, gave you the creditors name, and the amount alleged due; you have, in effect, been dunned. I would not hesitate nor wait for another communication (letter) before formally disputing the debt. ..... If they don't send the dunning letter is it a FDCPA violation.... This IMO is a moot issue since you may have already been dunned and informed of your rights during the initial communication. Looking forwards to comments.
  13. Start here.......
  14. During the first COMMUNICATION with an alleged debtor they are required to include the FDCPA language. I always assumed the word communication meant "a written letter". Not necessarily so.
  15. As you are new to this, your decision not to answer is a very good one. I'm sure you are curious about who is calling, so I will tell you... it's someone who wants to take money from you by any means whatsoever. However, at some point you may want to talk and that is when flyingfir's advice is wise. I only spoke with "my collector" once, and for that conversation I had a script. Use your time reading this site. A bit overwhelming at first, but at some point it will come together for you. Time is on your side. And so are your new friends here.
  16. Start Here..... Are you dealing with a JDB?
  17. Keep reading this site. Start here.... Then read..... This is a great site with many helpful people.
  18. IMO, I would not call them back. They will only want to collect info. from you that will help make their case. JDB's generally can't prove legal standing, so they want you to help them out. Wait for a dunning letter in the mail. YES, a DV is certainly the first step, but until you get their letter you won't know who to mail the DV to.
  19. Obviously, FOX crafts its' content to accommodate its' viewers level of education and sophistication.
  20. IMO, attorneys who do more filings then anyone else in the State, are recognized as such by judges and trustees. Not a good thing! Get an attorney whose practice involves a few different areas of consumer law. The attorney I hired works on a flat fee. Find someone who asks questions about your situation.
  21. Which States Allow the Use of a Bill of Particulars? State Statute California Code of Civil Procedure section 454 New York City CIvil Court CPLR 304 Delaware BILL OF PARTICULARS – CIVIL RULE 26 Illinois Compiled Statutes 735 ILCS 5 Code of Civil Procedure. Section 2-607 Virginia Commonwealth of Virginia Rule 7B:2 Georgia The Code provides in 81-105, inter alia, "In suits on accounts a bill of particulars should be attached."
  22. I’m not an attorney. IMO, this thread would benefit by some comments, ideas and corrections. You are invited to contribute.