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tigger last won the day on May 19 2011

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  1. Hi easy619, Ultimately it's up to you to decide, given your situation. But a few things for you to consider: How long until the statute of limitation on the accounts, expires? For help calculating, see link at bottom of this post. When my spouse was sued in 2011 by a jdb, he was about $18,000 in debt. He was considering bankruptcy. But given that his sol on all accounts was coming up at the end of 2012/beginning of 2013 for a few...we decided against it. We lucked out. One account sent him a 1099 c (basically meaning they were no longer pursuing the debt)...! We (of corurse) had to claim it at the end of the year...but that was his biggest debt w/$6,000. The next largest we were already in court on ($3,000). We won the case at the beginning of this year, (2012), dismissed w/out predjudice. We learned so much from the process of the lawsuit (and of course, being a member here)....that we chose to just hang in there, with the others. It was so close to sol. Most have been sold several times (making it more difficult for them to trace chain of ownership, should they choose to sue). From time to time, we'll get a call or letter from a new collection agency. But with all we've learned, we tend to stress them out more than they do us. Soon, we'll be sending in letters to have most (if not all) removed from his credit report, as zombie debt. Had he filed bankruptcy, he'd still have another seven years to go (before it was capable of dropping from his record). But, since we waited it out, and played the game w/the jdb's (i.e. sent debt validation letters, spoke w/them on the phone, sent c&d's to stop calls, etc.)......we can now see the light at the end of the tunnel. Hope this is helpful! On edit--p.s. We had no assets at the time my spouse was sued. Our car was paid for (and used). We rent an apt., etc. Given that you have a current car loan, you may want to thoroughly explore your options, in regard to bankruptcy. But also check how long before the sol expires on your credit cards, AND how that effects your current car loan (as I'm sure you don't want to lose your car). Here's some links from the board: SOL: Statute of Limitations on Debts Personal Bankruptcyinfo.: Bankruptcy Chapter 7 Personal Consumer Creditors File
  2. For anyone to offer you assistance, you need to provide some information. Please review the following thread.: http://www.creditinfocenter.com/forums/there-lawyer-house/242744-qs-answer-when-posting-forum-please-read.html
  3. Hi uumars, Welcome to the forum! Sorry that I am so late to this. My response, will kick this thread to the beginning of the forum--and more people will be able to see it and help you. In the meantime: Yes, BOP's must be signed by you, prior to sending them. This is important...Answers to summons, must be filed w/the court w/in 30 days of your obtaining it. So if you have not already done so, this has to be filed w/the court Within the 30 day deadline, so you can avoid obtaining a default judgement. Regarding your questions/concerns about Equifax: If the information regarding the account you are being sued under, is not on your Equifax report, there's a chance it may not be yours. Do you recognize anything about the account mentioned in the lawsuit? Do you recall having an account w/Capital One? Is there anyone else named in the suit (as plaintiff)? Or is it just Capital One and a law group representing Capital One? Let us know, as it makes a difference how you go forward w/your case (whether you are being sued by the original creditor or someone who purchased the account). Hope this is helpful....!
  4. Hi easy619... Welcome (sorry I'm so late to this). Just wanted to stress the bold (above) by calawyer. Given you've served RFP's, do yourself a favor and create or obtain calendars and keep them where you will see them daily. You want to keep track of due dates of any documents that you send AND receive--Due DATES for YOURSELF and FOR OPPOSING Counsel. You'll also need local rules of court, in order to keep track of the dates/times that items are due. This is super important! Sounds like you are off to a great start!
  5. Hi easy619... Welcome (sorry I'm so late to this). Just wanted to stress the bold (above) by calawyer. Given you've served RFP's, do yourself a favor and create or obtain calendars and keep them where you will see them daily. You want to keep track of due dates for YOU and OPPOSING Counsel. You'll also need rules of court, in order to keep track of the dates/times that items are due. This is super important! Sounds like you are off to a great start!
  6. As promised, I'm back w/a link. The first post in the thread below explains motion to compel BOP vs. Written Discovery. It's an important read, and could be helpful to your case. It could also help you decide which way you'd like to go. If you continue through to post #9, he links a thread w/an example to a meet and confer/objection to BOP (and more). http://www.creditinfocenter.com/forums/there-lawyer-house/309078-motions-compel-bop-vs-written-discovery-cal.html Good luck!
  7. p.s. Above it looks like racecar has also provided you w/a motion to compel a bill of particulars. Motions to compel require following a specific time-line, and an additional fee (w/the court clerk's office)....I think motions are $40 or $45 additional, now (anyone confirm this for me...?) This is certainly another option available to you. If you are interested, be certain to check your local rules of court, so that you file in accordance (if you choose this route). Ok...going to look for those links.
  8. Hi griffin, 1ststep is correct in that the response they provided is not sufficient under rules for BOP. I know it probably freaked you out a bit, getting all those statements, and a copy of your application (in your own writing). But do not worry. Under California rules, any evidence presented has to fall under Evidence rules. Have you reviewed those, yet? I am sharing this w/you--as these are things you need to know (and to be aware of) in order to defend yourself (and your case) w/the court. But this isn't something you share w/them (opposing counsel--the dudes suing you). They are attorneys. They know the rules they have to follow and satisfy w/the court. Their hope is that YOU DON'T know this.....They're hoping that by presenting you w/this information, it is enough to frighten you into admitting this is your debt....and that they can get you to offer to settle w/them. As 1stStep stated, you will send them a letter to meet and confer, letting them know they have not satisfied the Bill of Particulars. I have many threads bookmarked in my user cp, from when our case was still in court (it was dismissed at the beginning of the year--2012). I'll find a thread that deals w/how to respond to insufficient response to bop, and link it here for you. Hope this is helpful! Best, tigger
  9. ...(as pro-se). Case was dismissed w/out predjudice. Seeing the frequency at which jdb's refile claims against pro-se's, I wanted some insurance that would not happen to us. So, we hired a consumer attorney to file federal and state claims against the jdb and their representing law firm. I also felt it was important to hold the company and their law firm accountable for bringing a case to court, with no evidence whatsoever. We recently obtained our share of a settlement (our lawyers of course got the larger percentage--having done all the work, protecting our rights). I'm sharing this as I'd like to see more pro-se's pursue legal action against the jdb's after their cases are resolved. The most popular question posted after a case is dismissed w/out predjudice, is how likely is it they will refile. No one can say for certain. But given the greed of jdb's, it seems it is highly likely--unless statute of limitation has kicked in. Sometimes that is not an indicator or guarantee. If you want to insure they'll go away forever--hit their pockets (and retain a consumer attorney to do so). We learn enough to succeed in our cases, but I don't believe that jdb's are ever truly threatened by pro-se's. They are very afraid of other attorneys and losing $$$$.
  10. Good advice! Congratulations! You also have the option of suing them for any FDCPA and/or Rosenthal violations that they made. National Association of Consumer Advocates | Consumer Protection Advocates and Attorneys - Help for Consumers. Interview some consumer attorneys near you, and see what they think. Doesn't hurt. Never know, you may end up costing them more money than they even paid for the debt. ...always a total bonus!
  11. Hi tugang, Welcome to the forum...! I am sorry you are being sued. But glad you found this forum, as it is very helpful! You are doing very well communicating with the forum, considering English is your second language. You say you have a case conference on August 10th, is this correct? Did you file a case management statement with your court, a few weeks ago? The case management conference is generally just an informal meeting where both sides meet in front of the judge. The judge attempts to see how things are progressing with the case/trial. At the conference, the judge will set a date for the trial. If you got a letter notifying you of case management conference, make sure that your attendance is required. Some meetings don't require you to appear. Others do. The link in calawyer's post has sample meet and confer letters, if you need one. Hope this is helpful and what you are looking for! If not, just ask and someone will assist you.
  12. Hi mima, Welcome to the forum...! We were sued over a year ago by a different junk debt buyer and law firm. We won our case at the end of Jan, 2012. I just started reading through your thread. From all you've shared and the questions you've asked it looks like you are doing a good job on your case! Keep up the good work! If you ever need moral support, or just to vent, feel free to pm me... I remember what it was like (sooooo overwhelming and stressful), but you are doing everything right--reading from here especially. Hang in there and Take care, tigger
  13. Congratulations on your win....! I'm sorry that the attorneys you contacted didn't offer options that were good for you. Just fyi, in the event anyone else comes after you--in cases of a credit card debt you want to contact a consumer attorney. You can google for them, or go directly to their membership site at National Association of Consumer Advocates | Consumer Protection Advocates and Attorneys - Help for Consumers. A generalist or an attorney not familiar w/consumer laws, will not be aware of all the options available to consumers in these situations. You are right in that these companies will push and try to intimidate you relentlessly. Unfortunately, some members are sued once and achieve a dismissal, only to find themselves sued again by the same company (sometimes a new one). Sometimes the only thing that makes them go away for good is coming out of their pockets (or the risk of doing so). In which case, a consumer attorney will get the job done. These companies break so many laws, it is frequently simple for a knowledgeable attorney to find infractions to counter sue them on--allowing them to reach a settlement (in your favor)....making themselves some money, and making the company go away, forever. Again, just fyi--hope you don't ever need this information. I just put it out there as you never know who may find themselves in need of this information. Congratulations, again!
  14. I respect your opinion, and know you do not say things you have not experienced personally. To be honest, I had a tough time finding attorneys to take on our case when we were sued. But at that time, I did not know there were consumer attorneys--and that they were different from the type of attorneys like those you seem to be speaking of. We even got a letter in the mail from a firm preying on debt litigants, because they wanted a piece of what they believed was an inevitable settlement, waiting to happen. We never called them. When we were sued (over a year ago), we heard all the usual--attorneys recommending bankruptcy, settlement, etc. I did research (on this forum), which shared about "consumer attorneys"...and how that's what I wanted to deal w/this kind of case. I found less than five consumer attorneys in or near my area, on the internet. Most that we contacted were crazy busy, as there are just so many people being sued by junk debt buyers/collection agents these days. Since the time our case was completed, I've noticed quite an increase in the number of consumer attorneys in practice. Somehow I doubt that attorneys would be pursuing this specialty area, if it was not profitable in some way for them. With research I've learned that one of the ways that consumer law firms are able to make this work profitable, is by pursuing class action lawsuits against junk debt buyers and collection agents. Doing so also allows them to take on smaller cases. It's good for business future business, too. Most clients have more than one collector after them. Taking on one case, means they may have more coming after them eventually--which could be a potential class action, or some other kind of case (FDCPA, TCPA, etc.). So while what you say may be true of generalists, it certainly is not true of consumer attorneys.