qbert

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Everything posted by qbert

  1. good idea or bad idea? I assume Midland will be appearing by telephone
  2. --finally got served-- 1. Who is the named plaintiff in the suit? Asset Acceptance LLC 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Fulton Friedman and Gullace LLP 3. How much are you being sued for? 10-15K 4. Who is the original creditor? (if not the Plaintiff) Citbank 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? appears to be 8. What was your correspondence (if any) with the
  3. well i didnt put anything under affirmative defenses but at least we made the 30 day response period to avoid motion for default judgement, would love to see some more discussion on the ups and downs of the above two options. i believe i inherently have the right to amend at any time, but really all i did was general deny so theres not much to amend
  4. im about to file a PLD-050 General Denial with the court along with a POS-040 proof of service, and mail copy to plaintiff via CMRR for PLD-050, i am leaving "defendant states the following facts as separate affirmative defenses" blank anything else im missing?
  5. more case criteria from form CM-010, civil case cover sheet [X]limited (amount demanded is $25K or less 1. check one box which describes this case: under 'Contract': [X] Rule 3.740 Collections (09) 2. this case [X]is not complex under rule 3.400 of california rules of court 3. remedies sought: [X]monetary 4. number of causes of action: Two (breach of contract, common counts) 5. this case [X]is not a class action suit
  6. ok about to file response with the court (we only have a few days left so im hoping to today if anyone has any sage last minute advice) quickly: i need to get the response filed within 30 days, but i have a bit of time on the BoP, right? want to make sure it is 100% right before serving/filing also in response to question above: PLD-C-001 cause of action form says: [X]COMPLAINT [X]ACTION IS A LIMITED CIVIL CASE, amount demanded [X]exceeds $10K but not $25K "The following causes of action are attached and the statements above apply to each (each complaint must have one or more ca
  7. heres the letter, i also note that i got an initial letter when they purchased the debt 12-24 mos ago where they say 'at this time no attorney with this firm has personally reviewed the particular circumstances of your account". this was followed a few months later with another letter that is almost identical to the most recent one i am posting here. so to be clear, they already said i would be sued within 5 days, a year ago.... ----------------- THE LETTER: ----------------- <date> <defendant> RE:Assh*le Acceptance LLC, assignee of Citibank mastercard principal: xxxxxx i
  8. the amount on this is big. gonna go full bore on it. any advice appreciated 1. Who is the named plaintiff in the suit? Unifund CCR, LLC, a LLC doing business in California 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Lang, Richert, and Patch 3. How much are you being sued for? $18-$24K 4. Who is the original creditor? (if not the Plaintiff) Citibank 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 requ
  9. any updates on this? i am in a similar situation with midland, not as far along as you though
  10. **3/24/13: LETTER FROM ASSET, DISMISSED WITHOUT PREJUDICE! THIS WAS ACTUALLY TWO CONCURRENTLY SIGNED IDENTICAL ACCOUNTS/LAWSUITS TOTALING 25K* ----------------------------------------------------------------------------------------------------------------------------------------------------------- got a letter from collections attorney (Fulton Friedman and Gullace LLP) : "our client has authorized our firm to proceed with a lawsuit inorder to obtain payment on the above referenced account....blah blah blah, scary court costs and attorneys fees, blah blah blah advisable to proceed with
  11. this would be super helpful, thanks. I'm in the process of preparing responses
  12. any other opinions on this? seems to conflict with what others have said
  13. " You will need to answer these or they will be deemed admited" do you mean allowed to be admitted as evidence at trial, or that the default conclusion is we 'admit' the allegations by ignoring them?
  14. thanks i will check out the 'how i beat midland in california' thread
  15. Hi guys, first post here, let me say thank you for being a very comprehensive resource! My husband is being sued by Midland and had a few quick questions on how to make sure we are handling it correctly. basic facts (without being too specific, please ask if you need more specific info): -CC debt is between $3000-$6000 and 24-36 months old. we were hoping to get through the 48-month statute of limitations but midland is taking action -midland filed a limited civil case in our jurisdiction. My husband was served within last 30 days. Court clerk included a 'Notice of first case management confer
  16. Hi guys, first post here, let me say thank you for being a very comprehensive resource! My husband is being sued by Midland and had a few quick questions on how to make sure we are handling it correctly. basic facts (without being too specific, please ask if you need more specific info): -CC debt is between $3000-$6000 and 24-36 months old. we were hoping to get through the 48-month statute of limitations but midland is taking action -midland filed a limited civil case in our jurisdiction. My husband was served within last 30 days. Court clerk included a 'Notice of first case management confer