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Everything posted by SkippieB

  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 m
  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 th
  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: I just did a quick search of San M
  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
  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 battl
  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
  14. Steve, Are you sure you didn't pitch their letters? Unless they changed things up since last summer, if they are going to sue you, then they follow the procedure outlined in my previous post. In any event you obviously don't have any collection letters. Best to answer the complaint and fight them tooth and nail. JDBs want easy defaults. Skippie
  15. Steve Did you save any of Unifund's or their attorney's collection letters? Unifund, from my own personal experience, sends a collection letter one month before they send you off to their lawyers for collection who usually follow-up with a second collection letter. Both collection letters will ask for X amount of dollars which they do not break down into principal, interest and other fees. Here is where you can nail them. You should be advised that after charge-off, Citibank generally holds on to their accounts for one or two years prior to selling the defaulted accounts to Unifund
  16. I sent my discovery request all at the same time and they still screwed up. But I imagine that sending them 3 days apart would work even better. LVNV never served me with any discovery requests and a they bailed about a week before we were to set a trial date. SkippieB
  17. I did both when LVNV sued me two years ago. Served them with a BOP the same day as I served my answer Three weeks later I served them with 27 different discovery requests. Two months after that I filed a Motion to Compel Further BOP. Hit them with so much paperwork they missed discovery deadlines, answered 11 ROGS when I only propounded 10 and mailed rather than served their response to my Request for Production of Docs. I sent multiple Meet and Confer letters the last of which stated my intent to file Motions to Compel Further Discovery Responses and Matters Deemed Admitted. They folded
  18. Unifund may or may not report you to the credit bureau. They reported me but when I filed a dispute with the credit bureaus they were removed. I dealt with them last year and successfully beat them back. See my PM. SkippieB
  19. I backed Hunt & Henriques off in Nov. 2012. Hit them hard and hit the fast. I served them with a BOP the same day as my answer and followed that up with 27 discovery requests three weeks later. They missed deadlines, sent rather than served some of their discovery responses, and served me with 11 ROGS when I only propounded 10. Didn't let up for a second and I papered them with meet and confer letters and slammed them with a Motion to Compel Further BOP hearing. Start to finish 4 months and they dismissed without prej. Haven't heard a peep since and the SOL expired in late 2012. Sk
  20. Anythings worth a try. Don't get me wrong. But the case I pulled in San Mateo the judge didn't buy it. H&H are going to fold if you fight them whether you do a MIL or not-been my experience with them. SkippieB