SkippieB

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About SkippieB

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  1. I successfully beat back H&H two years ago. Like you I too was "sewer served" a fact that I chose to ignore. Instead I responded to the suit in a timely manner and filed multiple discovery requests within two months of being served. They made a lot of costly mistakes, never served me with any discover requests of their own, and four months in, dismissed their lawsuit without prejudice.
  2. And, another one bites the dust! Good Job! Kudos! SkippieB
  3. First-relax. Second-Hunt & Henriques are very beatable. I know first hand. Third-As suggested above-serve the BOP either before or with your answer. I served it with my answer. Keep the proof of service for the BOP-you do not need to file it with the court unless you file a Motion to Compel if they fail to serve a complete BOP-which they will! Fourth-serve them with Discovery Requests (Production of Documents; Interrogatories (ROGS) & Request for Admissions) within three weeks or less of serving your answer/BOP. That's what I did and they dropped the ball big time with so many deadlines up in the air. They not only missed deadlines and lost their right to object to Discovery, but they responded to more ROGs than requested and sent them rather than served them. Again do not file any of these docs or your POS unless you file a Motion to Compel or For Matters Deemed Admitted. You can use MS Word to create pleadings or you can use California Superior Court forms located on this web-site: http://www.courts.ca.gov/formname.htm If you don't have MS Word then your local library's tech center computers will. That's where I did all my pleadings. Fifth-Don't be afraid to file Motions to Compel-BOPs and/or Discovery Requests after sending at least one Meet & Confer Letter when they fail to respond or respond with garbage which they probably will. Always send everything by Certified Mail Return Receipt Requested. Get a stack of the forms along with manila mailing envelopes to have at the ready. Sixth-attend all scheduled meetings if you have to do it by telephone. Show them you are not afraid of them. Chat the lawyer up-talk about the weather and make nice. Act like it's just another day. Seventh-Monitor your Superior Courts Register of Actions to keep up on what is going on with your case. Eighth-Portfolio kept another chat forum member hanging on for over a year before they finally dismissed without prejudice. Ninth-Research your local court records to see how they operate. Tenth-Don't pretend the debt isn't yours. Neither the Plaintiff's lawyer nor the judge is a blithering idiot. Lastly, keep the pressure on and stay organized. Get a fee waiver. I had to deal with two lawsuits with a third one in the works before I was in the clear. One JDB (using Hunt & Henriques) dismissed without prejudice (four months after I waged mad-battle with them) and another JDB (using a different law firm) dismissed the other lawsuit and the potential third suit both with prejudice after I got a consumer law attorney on them for FDCPA/RFDCPA violations. Now the SOLs have expired on all my debts. Stay Strong. Stay Focused. Stay the Course!
  4. Good Job! Goes to show you that fighting back does pay off. Congrats!
  5. Original Poster can not send BOP unless I missed something. Account Stated is the only cause of action stated. As for improper venue I am a bit curious. Maybe you were and maybe you weren't improperly served. You mentioned you were served in person-where? NoCal or SoCal? Do you perhaps live in L.A. but go to school in San Francisco. Clarify.
  6. Bravo! Nice Job! You are so right. The posters on this forum are awesome. They helped me too and I am forever grateful! SkippieB
  7. First of all relax. Midland is a Junk Debt Buyer that seldom if ever goes to court at least here in California. Secondly, you will not be found "guilty" of anything only liable to repay the debt and only if they prevail in the courts. This is a civil matter not a criminal matter. Third, even if they do prevail in court know this: If you have no assets or all you have are exempt assets and limited and/or exempt income the most they can take from your wages is 25% of your gross. Again they can not put a lien on your assets or attach your wages without a court order called a writ and that take at least 4 months if not more to obtain. Fourth if you fight back they will be more willing to negotiate a better settlement if that is your goal. I have three defaulted debts with Midland and got them to back off on all three and even stop reporting those defaults to all 3 credit bureaus by simply asking them, repeatedly I should add, to validate the debt. They sent me numerous settlement offers that were a lot better than what they offered you before they finally gave up and went away. That was two years ago and the SOL have expired on all my defaults which means they can't sue me but they can still hound me to pay the debts. I'd fight them since your chances of winning are good and the people on this forum are knowledgeable and extremely helpful. First thing you need to do is to get someone other than you to serve Midland with your answer via Certified Mail Return Receipt Requested within 30 days of being served. Then you need to get a fee waiver (easy to do-did it myself) and file your answer with the courts otherwise they'll get an easy default. Check your court's web-site for rules and and any forms you may need. Also review as many case records as you can on-line to see how Midland operates. I don't know which jurisdiction you are in but San Mateo Superior Court and the San Francisco Superior Court records are free. Others charge a nominal fee-50 cents a page. Lastly, do your own research until you are cross-eyed. Knowledge is power. Lastly, it doesn't matter that you acknowledged the debt is your debt. What matters is they need to prove that you owe them what they say you owe them. Unless you are the victim of identity theft no judge in their right mind is going to buy the argument that you don't owe someone for the debt. Good Luck
  8. That's the spirit! I also did a check of San Fran and my local court records to see how sue happy they were and the answer is not very. They don't file that many lawsuits-none in my jurisdiction in over a year. Hhhhm. I found a couple cases where the defendant answered and they ended up dropping their case.
  9. There are two ways to see their affidavit:: (1) Go in person to the court house, or (2) Check to see if your court posts court docs on line-some do some don't and some charge a fee and some don't. But remember pick your battles wisely. The issue is not how you were served but can they prove you owe them what they say you do. San Mateo Superior Court and San Francisco Superior Court both post docs on-line and you can download them for free which will give you a clear picture of what to expect from them. San Mateo: http://www.sanmateocourt.org/midx/ I just did a quick search of San Mateo's court docs and it seems as if Riverwalk Holdings, like the majority of JDBs, like easy defaults. San Mateo records show they use a law firm by the name of Nelson and Kennard out of Sacramento. They use a lot of declarations to justify their claims for defaults such as "Unavailability of Original Document (means they do not have the contract); Request for Interest from the Date of Default at statutory rate of 10%; Notice Pursuant to CCP Section 1033 (2)-proving the attorneys notified the defendant that they owed money and if the defendant doesn't contact them or pay-up they have the right to sue them. They sue for (1) common counts (open book and account stated) and (2) for good and valuable consideration, the account which is the subject of this action was purchased by Plaintiff, who is now the lawful owner and holder thereof. Prior to the commencement of this action, Defendants were notified in writing that if an action were commenced, Plaintiff would be entitled to court costs, where allowed by law, in addition to principal and interest otherwise owed. Your chase account may have been a Chase/WAMU account-maybe that's why you don't recognize it. I pulled up a lot of those accounts doing the above mentioned research of San Mateo court docs. Check through the on-line docs yourself to get a handle on how the operate. Start with Jan. 2012. Since they tend to sue for open book account you can and should request a Bill of Particulars. We will help you as stated earlier with what to file and when-no worries. When I was sued two years ago, I served the JDB with a request for a Bill of Particulars the same day I served them with my Answer. Always send tnings Certified Mail Return Receipt Request-you need a paper trail. Then three weeks later I served them with 27 different Discovery Requests. They made a ton of mistakes and folded like a cheap suit within four months of serving me. Go to all hearings/meetings even if it is a voluntary Mediation Session. Show them you are not afraid to fight.
  10. There is no point in trying to quash service since you actually talked to guy the first time he tried to serve you. I'm surprised he didn't stuff the papers in your security door during that visit. You can sue them but you have to prove damages-since they haven't gotten a default judgment or anything just what are your damages? Since you are sure you cleared up all of your debts and you kept meticulous records to prove you did, then you should have no problem fighting their claim of indebtedness. Riverside's claim is considered true unless and until you challenge them by answering their complaint. I agree with Anon-answer the complaint.
  11. You weren't exactly "sewer" served since you did talk with the process server prior to him scaring your children to death. Process servers do not have to serve you at your convenience. You can try and fight the service but I can't see you winning this one. The real issue is not how you were served or that your children were terrorized but can the plaintiff prove their case. I was sewer served two years ago but I chose to ignore how they severed me and dealt with the real issue at hand-show me proof that I owe you what you say that I owe you. Long story short, after a four month battle in which I slammed them with everything from a Motion to Compel a Further BOP to discovery requests three weeks after they served me, the JDB dropped their case without prej and I haven't heard a peep out of the JDB since. The SOL expired on the debt last summer. Are you being sued by a JDB or an original creditor?
  12. Once you fight them, Unifund will stop reporting anything to the credit bureaus.
  13. I was shocked at some of the things that Coltfan said and did. My opinion is that the stress turned him into his own worst enemy. Very sad indeed. People under stress tend to say and do things they normally would not do. The only thing I think might happen with his appeal, is that the attorney fees will be significantly reduced. When is the appeal decision set to come down? I missed that. SkippieB