DefaultNameHere

Members
  • Content Count

    16
  • Joined

  • Last visited

Community Reputation

10 Good

About DefaultNameHere

  • Rank
    Newbie

Profile Fields

  • Location
    California
  1. Just wanted to give everyone a quick update. I didn't BOP or send try the arbitration strategy. I make more money than the fee cutoff for arbitration so I would've fronted a ton of money. I read the JAMS provision and it appeared as though I would also be on the hook for fees if I lost. After I filed my general denial I got a settlement offer letter from H&H/Citi (literally less than week after I filed my general denial). It was for about 55% of the balance. I went ahead and took the offer so I could continue on with my life and move on to the next battle.
  2. I could get the BOP out today but I would still need to send out the answer tomorrow. I think I'm at ~28 days from when I was served. That said, the process for sending out the answer is what I outlined above, correct? (ie 1 trip to the courthouse. The # of trips required is really throwing me off) That's for all your help. I know being a contributing forum member is a thankless and tiring job //edit2 SO is serving copies now (going to post office) Then I'm going to court to file papers Tomorrow I'm going to send out a BOP When I return I'm going to see if the relevant CC agreement has JAMS arbitration clauses and if so I'm going to go that route to try to compel arbitration. thoughts?
  3. So...I have my SO drop off a copy of the answer + copy of the POS in the mailbox. I have her sign the POS and then file the original + original POS with the courts? I mean it sounds like I can do the whole process in a few hours and with only 1 trip to the courthouse. Just want to make sure I'm not missing anything.
  4. Question regarding the copy that I'm sending to the attorney... The instructions say that I can serve them BEFORE filing an answer. Is that right? I don't need to get the answer "conformed" before sending the attorney a copy, thus requiring only ONE trip to the courthouse, not two? My question is based on this quote from a different thread:
  5. I'll keep that in mind next time for H&H...unfortunately I have to leave town on Saturday so I need to send out the BOP/Answer fairly soon... thanks for advice all. will keep this thread updated. lots of reading to do.
  6. Haven't done enough research on arbitration so I'm going with a standard answer/BOP strategy 2 questions: 1) Can my BOP be sent anytime or is it generally recommended to send a BOP request at the same time I file my answer? 2) BOP is on pleading paper correct and answer (PLD -050) on regular paper. Correct?
  7. Stupid question...I just print out the PLD-050 on regular paper?
  8. infinite thanks for the links. I was served last week of October. Served to co-occupant + w/ mail followup so I believe I have 40 days from the date I was served to respond. I'll be out of country soon so I need to get all my ducks in a row within the next 14 days.
  9. ^^ if I submit the JAMS arbitration request right now, do I still answer the complaint?
  10. sooo BOP, get my agreements, find out arbitration clause (if any), and force arbitration?
  11. full text [X]Other: On (date), Citibank (South Dakota) N.A. merged into Citibank, N.A., with Citibank, N.A. as the resulting and surviving national banking association. Citibank N.A. is the current owner of this VISA CARD branded credit account and all rights to pursue collection from Defendant. left out some text to make it more vague, guess I shouldn't have done that above.
  12. H&H on behalf of Citi Sorry, thought I posted this: 1. Who is the named plaintiff in the suit? CITIBANK, N.A. 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Hunt & Henriques 3. How much are you being sued for? Between 5k and 10k 4. Who is the original creditor? (if not the Plaintiff) CITIBANK, N.A. 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) Delivered to occupant living in residence + mail 7. Was the service legal as required by your state? Yes 8. What was your correspondence (if any) with the people suing you before you think you were being sued? DV letter from them (did not respond, oops) Settlement offer letter from me (they did not respond) 9. What state and county do you live in? Los Angeles, CA 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) > 6 months, less than 1 year. 11. What is the SOL on the debt? To find out: 7 years? 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). Suit served + Motions Filed 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. No
  13. COMPLAINT 1. Plaintiff: Citibank 2. Pleading consists of 4 pages 3. Each plaintiff named above is a competent adult [X] Except plaintiff: Citibank [x] Other: A national banking association organized and existing under and by virtue of the laws of the united states of America 4. (unmarked) 5. (unmarked) 6. (unmarked) 7. This court is proper because [X] a defendant lives here now 8. The following causes of actions are attached and the statements above apply to each [X] Common Counts 9. [X] Other: Citibank N.A. is the current owner of this VISA CARD branded credit account and all rights to pursue collection from Defendant 10. Plaintiff prays for judgement of costs of suit; for each relief as is fair, just, and equitable; and for [X] Damages of > 5k and < 10k FIRST CAUSE OF ACTION - Common counts Attachment to [X] Complaint CC-1 Plaintiff : Citibank N.A. alleges that defendant DefaultNameHere became indebted to [X] Plaintiff [X] or its predecessor in interest a. [X] within the last four years (1) [X] on an open book account for money due (2) [X] because an account was stated in writing by and between plaintiff and defendant in which it was agreed that defendant was indebted to plaintiff b. [X] within the last [X] four years (4) [X] For money lent by plaintiff to defendant at descendant's request (5) [X] for money paid, laid out, and expended to or for defendant at defendant's special instance and request CC-2 > 5k and < 10k, which is reasonable value, is due and unpaid despite plaintiff's demand The complaint is UNVERIFIED so I was planning on using general denial pld050 First question - Am I responding to the COMPLAINT, or the FIRST CAUSE OF ACTION - COMMON COUNTS? Based on my research, denying CC-2 based on the following language is common: Defendant objects to this RFA on the ground that the word "Account" is vague and ambiguous in the context of this litigation. Plaintiff's complaint is utterly devoid of any factual information regarding the alleged debt and plaintiff has not yet responded to defendant's discovery seeking such factual information. Based upon the foregoing, defendant responds as follows: DENIED. HOWEVER, it says very specific that this is for a credit card in #9 in the complaint. If this is the case, are my only affirmative defenses the following? • Unjust Enrichment I plan on answering and sending a BOP ASAP.
  14. Interesting, I have an update on the Capital One Business card. I found out (after talking to Cap1 regarding a different card) that my business card is ~200 days past due and is currently with the "recovery" department. I called the recovery department and they wouldn't even speak to me about my card - they referred me to a law(type) firm. I didn't catch the name but I got transferred and they were already closed (I'll followup again tomorrow). What do I do from here? I have gotten nothing from this firm that Cap1 assigned my business card to. //edit2 Update on the Chase card as well, we are 6 days away from charge-off and they are still sticking with the "your account is not eligible for settlement" line.
  15. As the title states, H&H has been trying to serve me for the past week and a half. Through pure luck, I have never been home when they tried to serve me. We live in a gated community and they need to get buzzed in before they would be able to serve me. That said, they were able to get through once 14 days ago and contacted my SO. SO said the server was looking for me; server would not give SO the documents, nor would they tell SO what the documents were about. I have not yet looked up the case online to see if they have actually filed anything. What should I/can I do to prepare myself? I messed up bad and did not request debt validation (a mistake I will never make again). They mailed me the 30 day letter end of July. The balance is ~7k, OC is CITI. Based on my research, my time RIGHT NOW should be spent writing a response to the complaint. AFTER I answer the complaint, I should do the following: Thoughts/Comments?