halohonk

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About halohonk

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  1. Thank you. With that being said, I think I'm not going to do anything unless they start calling, etc.
  2. I have a utilities collection for a 2 year old bill of $501.66 with First Collection Services. They sent me a Demand for Payment letter saying that "Be advised that you have five (5) days to remit the remaining balance on your account to prevent further collection efforts." I had DV'd the prior CA and they validated. I thought I'd DV'd First Collection as well when they sent their initial letter 6 months ago but I now realize that I did not. They are not making phone calls nor reporting to any credit bureau. What is the best thing to do here? I've heard that you can send a dispute letter past 30 days. Should I try that, or just do nothing?
  3. Sorry for the delayed post. Eagle did open my checking account, and I've had a great experience with them. Membership is open to people who live, work, worship or attend school in Orange County, CA, and federal employees in multiple Southern California counties.
  4. Thank you, calawyer. I already sent a CCP 96 to them.
  5. BUMP Still need to know how to respond to their CCP 96.
  6. @racecar Thank you for the information. I've already had my CMC and have engaged in discovery so I think that I can't elect arbitration any more. If I still can I might consider it but they need the CCP 96 by the 30th so I would really appreciate some guidance as to how to respond to that.
  7. Thank you Clydesmom. I think I'm just going to send a letter with an offer and see what happens.
  8. Eagle Community Credit Union in Lake Forest, CA will open a regular checking account for someone who is in ChexSystems as long as you paid the NSF over 1 year ago. They approved me for a savings without a paid notation, I disputed, got it listed as paid and according to the rep I spoke to yesterday I can come into the branch and get my checking set up as if I was never in ChexSystems! I'll post here once the account is open. (just to confirm that I was told the right thing on the phone)
  9. 1. Who is the named plaintiff in the suit? American Express Centurion Bank 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Law Offices of Michael and Associates 3. How much are you being sued for? $7600 4. Who is the original creditor? (if not the Plaintiff) Plaintiff 5. How do you know you are being sued? (You were served, right?) Yes 6. How were you served? (Mail, In person, Notice on door) Left paperwork at door. 7. Was the service legal as required by your state? No, but I didn't argue with them over this because I have read that if you do they'll just serve you again. 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? Calling AMEX directly asking for a reduction in payments. 9. What state and county do you live in? Orange County, CA 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) March 2012 11. What is the SOL on the debt? To find out: 4 years 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). Trial set for 8-27 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. Yes. 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. 30 days, already responded We need to know what the "charges" are. Please post what they are claiming. Breach of Contract Common Counts: Account Stated and Book Account Quantum Meruit Reasonable Value Did you receive an interrogatory (questionnaire) regarding the lawsuit? Yes. Here is an example of what the summons/complaint may look like: Sued by a Debt Collector - Learn How to Fight Debt Lawsuits 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. Agreement (unsigned) only with summons. Later sent CCP 98 affidavit with years of statements (as far back as 2005) and the cancelled checks from when I've paid them. I received a CCP 96 from opposing counsel and I'm not quite sure how to respond and whether or not I still need to send one of my own. Please advise. Thank you!
  10. 1. Who is the named plaintiff in the suit? Laguna Heights Marketplace, LLC 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Morasse Collins and Clark 3. How much are you being sued for? Was being sued over $400K but case is settled 4. Who is the original creditor? (if not the Plaintiff) Plaintiff 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) In person 7. Was the service legal as required by your state? Yes 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? Letters, phone calls, emails, in person meetings 9. What state and county do you live in? Orange County, CA 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) This month 11. What is the SOL on the debt? To find out: 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). Settled 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? No. 15. How long do you have to respond to the suit? 30 days - filed a long time ago We need to know what the "charges" are. Please post what they are claiming. Breach of Written Lease, Breach of Written Guaranty Did you receive an interrogatory (questionnaire) regarding the lawsuit? Yes. Here is an example of what the summons/complaint may look like: Sued by a Debt Collector - Learn How to Fight Debt Lawsuits 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. Signed lease. I settled this case with the Plaintiff 5 months ago and have made the agreed to payments on the settlement but unfortunately I haven't found work and can't afford to make the remaining payments. I want to know what advice you can give me about the possibility of renegotiating the settlement to a more affordable amount. Can that even be done? Any tips as to how best to communicate with opposing counsel in regards to this?
  11. General Denial. Cause of Action: common counts: book account, account stated Proof of service is completed and general denial filed with court.
  12. 1. Who is the named plaintiff in the suit? Department Stores National Bank 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Hunt and Henriques 3. How much are you being sued for? $3300 4. Who is the original creditor? (if not the Plaintiff) 5. How do you know you are being sued? (You were served, right?) Yes. 6. How were you served? (Mail, In person, Notice on door) Came to my house, I asked them to leave it at my door. 7. Was the service legal as required by your state? Yes, I believe so because I was present when they left it at the door, 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? They sent me 2 letters. 9. What state and county do you live in? Orange County, CA 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) 2011 11. What is the SOL on the debt? 4 yrs., has not expired 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). Served, answered. 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. Yes, from their CA. Lawyer responded to DV after my answer which was a little weird. 15. How long do you have to respond to the suit? 30 days, already responded. (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? No. Here is an example of what the summons/complaint may look like: Sued by a Debt Collector - Learn How to Fight Debt Lawsuits 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. No exhibits, just the DV w/statements sent post-answer. I have received 3 phone calls from opposing counsel, all of which were just ambiguous requests to call them back, not explaining what it was regarding. I thought they were just collection calls but reading online I found out that CA has a requirement that the parties discuss a variety of issues by phone or in person (CA Rules of Court 3.724). I really don't want to speak with these folks but I certainly don't want sanctions either. Please advise.
  13. Not sure if this has been mentioned on this site before but I managed to get a free report out of all 3 bureaus without using up my 1 free report/yr. just by saying that I was unemployed and seeking employment (which is the case). Equifax lets you do this online on the same page for the free report you get when declined for new credit, Experian I did over the phone, and Transunion has a pdf request form on their site.
  14. Thank you, Kristi. I'm going to send the letter ASAP and try to get ahold of Chase.