FL Bailey

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About FL Bailey

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    California
  1. The case is my girlfriends. We are looking into an attorney to represent her. I'll be there. In some capacity, still working on that angle.
  2. Thank You all for your posts. It's uplifting to my spirit.
  3. Again, anytime a JDB refers to themselves as the owner of the debt, it needs to be denied or challenged. You should wear out the word alleged !!
  4. I am not a lawyer and any comments made are not legal advice. Please contact a lawyer when legal advice is needed. Good advice.
  5. FYI I use this in some Traffic and Criminal cases. amicus curiae n. Latin for "friend of the court," a party or an organization interested in an issue which files a brief or participates in the argument in a case in which that party or organization is not one of the litigants. For example, the American Civil Liberties Union often files briefs on behalf of a party who contends his constitutional rights have been violated, even though the claimant has his own attorney. Friends of the Earth or the Sierra Club may file a supporting brief in an environmental action in which they are not actually parties. Usually the court must give permission for the brief to be filed and arguments may only be made with the agreement of the party the amicus curiae is supporting, and that argument comes out of the time allowed for that party's presentation to the court.
  6. Reply to : ReadytoWinin CA Thx for the assistance, Maybe the following will be more clear. *I do think Debt collectors troll these forums to maintain an edge over the debtors* (I think "FL Bailey" may be confusing to some, lol) Yeah, that was the point. . He was my favorite attorney while growing up, next to Perry Mason. . 1. Who is the named plaintiff in the suit? PORTFOLIO RECOVERY ASSOCIATES, LLC 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) PORTFOLIO RECOVERY ASSOCIATES, LLC 3. How much are you being sued for? @$13,000 4. Who is the original creditor? (if not the Plaintiff) OC was Capitol One 5. How do you know you are being sued? (You were served, right?) Server tried to serve Defendant on 11/12/12, Monday at residence, I told them never heard of her, He said, Well UPS has her at this address. Gee, thx UPS, for snitching. He left w/o serving. Next day, when I checked for mail, No mail, yet. I found summons on ground in front of the door. No attempt to see if anyone home. 11/13/12. Recieved white 10x12 envelope in mail, addressed to defendand, no return address. Had a bar code paper strip attached. 11/14/12. 6. How were you served? (Mail, In person, Notice on door) See #5 7. Was the service legal as required by your state? Contacted an Attorney friend, he said yes for Placer County California. 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? NONE -Ignored 9. What state and county do you live in? Placer County, California 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) 2009 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). They have filed and served summons, Time up on to respond: 11/13/12. Will be filing Answer and BOP before, that date. To buy more time. 13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) No, Debt was owed to Capitol One, PRA claims ownership, nothing to prove such action and how much they paid for the debt. 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, But will send it, just to irrated them and cause them to reply. LOL 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. We need to know what the "charges" are. Please post what they are claiming. Did you receive an interrogatory (questionnaire) regarding the lawsuit? A: 30 days to respond, still have time.: B: No Interrogatories. C: Charges: Debt owed. D: PORTFOLIO RECOVERY ASSOCIATES, LLC claims ownership, but no proof, just a letter saying this. ( Sorry unless the letter has beed certified as a document, I don't believe them, They will have to prove it.) 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. A: Evidence, none other than the complaint. B: No statements from OC. *This is about it, not sure what else you need to assist. I do know I need to respond to summons. And it will be done next week.*
  7. I want to thank, Scientific and Racecar for responding. I will post tomorrow, more details from the Complaint form pld-c001 In the Plaintiff v Defendant area is a box checked: Does 1 to 25. (I don't have anything that has 1 to 25, discribed anywhere.) Number 9 of the form has : " BEFORE COMMENCEMENTOF THIS ACTION, PLAINTIFF INFORMEDDEFENDANT(S) IN WRITING IT INTENDED TO FILE THIS ACTION AND THAT THIS ACTION WOULD RESULT IN A JUDGEMENT AGAINST DEFENDANT(S) THATWOULD INCLUDE, IF APPLICABLE,COURT COSTS AND NECESSARY DISBURSMENTS ALLOWED BY CCP SECTION 1033((2)." I'll post more tomorrow. Thx
  8. THANK YOU!! My girl friend is being sued by PRA (Portfolio Recovery Associates), Now. At Christmas season. Debt Collectors are evil people.(Just my opinion). I'm new to the civil world, I have done California Criminal and Traffic cases, In Pro Per. For myself and others. Thanks to this web site and others, I have drafted so far. 1. ANSWER TO COMPLAINT 2. MOTION TO PROCEED IN FORMA PAUPERIS 3. AFFIDAVIT OF POVERTY 4. DEMAND FOR BILL OF PARTICULARS PROPOUNDED BY DEFENDANT________TO PLAINTIFF PORTFOLIO RECOVERY ASSOCIATES, LLC I plan to send a "Debt Collection Dispute Letter", Monday 12/03/12. To get things started. And then file the BOP. Not sure if I should file and send it the same day or not. (Advice requested). The filings need to be answered before 12/11/12. I planned on doing this on 12/06/12. After the BOP. I know time is short. I know the complaint needs to be filed to stay judgement. My plan is to buy time to do more research. And allow any attorneys hired to do a Bankruptcy. Her debt is my responsibility morally. And I'm trying to fix it as best I can. But, I'm in a field I have no experience in. The case is in Placer county California. I believe I need to prepare discovery, but do not know how to and I can't find any pleadings posted on discovery in here. Driving me crazy looking for them. A link would be helpful. Thank you all for your posts and I pray you all are successful in finding a remedy to your situations.
  9. THANK YOU!! My girl friend is being sued by PRA (Portfolio Recovery Associates), Now. At Christmas season. Debt Collectors are evil people.(Just my opinion). I'm new to the civil world, I have done California Criminal and Traffic cases, In Pro Per. For myself and others. Thanks to this web site and others, I have drafted so far. 1. ANSWER TO COMPLAINT 2. MOTION TO PROCEED IN FORMA PAUPERIS 3. AFFIDAVIT OF POVERTY 4. DEMAND FOR BILL OF PARTICULARS PROPOUNDED BY DEFENDANT________TO PLAINTIFF PORTFOLIO RECOVERY ASSOCIATES, LLC I plan to send a "Debt Collection Dispute Letter", Monday 12/03/12. To get things started. And then file the BOP. Not sure if I should file and send it the same day or not. (Advice requested). The filings need to be answered before 12/11/12. I planned on doing this on 12/06/12. After the BOP. I know time is short. I know the complaint needs to be filed to stay judgement. My plan is to buy time to do more research. And allow any attorneys hired to do a Bankruptcy. Her debt is my responsibility morally. And I'm trying to fix it as best I can. But, I'm in a field I have no experience in. The case is in Placer county California. I believe I need to prepare discovery, but do not know how to and I can't find any pleadings posted on discovery in here. Driving me crazy looking for them. A link would be helpful. Thank you all for your posts and I pray you all are successful in finding a remedy to your situations.