DTJ

Members
  • Content Count

    7
  • Joined

  • Last visited

Community Reputation

0 Neutral

About DTJ

  • Rank
    Newbie

Profile Fields

  • Location
    California
  1. Today, I received a photocopy of the Request for Dismisal filed by Regent & Associates and the attorney representing Equable Ascent Financial with the Superior Court of California -- Orange County. After sending them a Demand for Bill of Particulars, they immediately knew they didn't have a case that would hold up in court against me. Time to celebrate... YES!
  2. I'm sending the Demand for the Bill of Particulars tomorrow, Friday, December 21st, 2012. I have a quick question, though. I read somewhere on here that there is some stipulation that the plaintiff must be 150 miles within your address, in regards to some office...?! What is that all about? The law offices that filed the summons paperwork against me is located in Houston, Texas. I've also edited the original post with some additional information, along with getting rid of some unnecessary confusion on my part therein.
  3. Can the Proof of Service be filled out and mailed by a family member, if the family member is not part of the case [i am the lone defendant here]?
  4. Congradulations. So do you mind reading my post? I just joined here and I'm beginning to learn what I have to do to fight this case that has been brought against me. Do you think I have a chance?
  5. I'm sorry, but I have no legal experience whatsoever. I'm having trouble finding the appropriate "Demand for Bill of Particulars" form for my county. I found one for Ventura County, but I don't believe I can use that. EDIT: That advertisement I received in the mail wasn't for a law firm seeking to represent me. It was from "CountryWide Debt Relief".
  6. So, this is a Summons. I wasn't sure yet. I just expected this to be sent from the Orange County Superior Court, not some copier/scanner institution for law offices?!
  7. A little over a week ago (maybe about two weeks ago), I received an advertisement in the mail that was a little suspicious. It arrived in a security-type envelope that you tear that side(s) off of, with the security backing on the back side to protect itself from being read by strangers. Inside was an advertisement by debt consolidation company, CountryWide Debt Relief, informing me of their services, given that a lawsuit was filed against me on November 19th, 2012 in regards to a unresolved credit card debt. Included in the advertisement was a court case id # for the Orange County court system. Confused, I looked up the number on the Orange County court system's website to discover more about the case. I discovered that I was being sued by Equable Ascent Financial LLC, unbeknownst to me. I figured court information is publically accessible , so that explained the advertisement letter. Well, here I am today, having received summons for the case, and I'm not sure where to go from here. I received these summons papers on December 13th, 2012, so I have 30 days to reply to them with an Answer. What is the correct set of procedures I need to do to fight this? I'm unemployed, I have no income, so I cannot afford a lawyer. 1. Who is the named plaintiff in the suit? Equable Ascent Financial LLC 2. What is the name of the law firm handling the suit? "REGENT & ASSOCIATES". Lisa Nguyen, SBN: 261347 3. How much are you being sued for? $3,031.14 in damages, plus $271.87 in lawyer fees 4. Who is the original creditor? (if not the Plaintiff) Chase Bank N.A. 5. How do you know you are being sued? (You were served, right?) Paperwork was filed on Nov 19, 2012. I was served via the mail and received the paperwork on December 13th, 2012 6. How were you served? (Mail, In person, Notice on door) In the mail to my house. 7. Was the service legal as required by your state? I think so? I'm not sure, though. The suit was filed the 19th of November. I didn't get served summons until the 13th of December. The summons was post-marked the 11th of December. The papers were sent by an unlabelled address of 5503 Cahuenga Boulevard North Hollywood, CA 91601. I looked up the address and its a company entitled "American Legal Support Services Incorporated". 8. What was your correspondence (if any) with the people suing you before you think you were being sued? None 9. What state and county do you live in? Orange 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) 09/14/2010 11. What is the SOL on the debt? Since it was a credit card, it's considered an open-ended account and the SOL is 4 years in California for such accounts. 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). I'm not sure. The "Register of Actions" for my case on the Orange County Superior Court website is: 1 COMPLAINT FILED BY EQUABLE ASCENT FINANCIAL LLC ON 11/19/2012 11/19/2012 4 pages 2 SUMMONS ISSUED AND FILED FILED BY EQUABLE ASCENT FINANCIAL LLC ON 11/19/2012 11/19/2012 1 pages 3 CIVIL CASE COVER SHEET FILED BY EQUABLE ASCENT FINANCIAL LLC ON 11/19/2012 11/19/2012 1 pages 4 PAYMENT RECEIVED BY FOR 170 - COMPLAINT OR OTHER 1ST PAPER <=$10K IN THE AMOUNT OF 225.00, TRANSACTION NUMBER 11266205 AND RECEIPT NUMBER 11090097. 11/19/2012 1 pages Meanwhile, the hearings page is absent of any information. 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? No 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? I'm not even sure this is the summons papers or not. Here are a few pages from the packet (I can't mimick the formatting, nor the boxes/lines/check marks, so bear with me). It's 7 pages- A cover sheet, that's stamped. A page on Instructions on filling out the cover sheet. 2 pages on "COMPLAINT --CONTRACT". 1 page on "CAUSE OF ACTION-- BREACH OF CONTRACT". 1 page on "CAUSE OF ACTION--Common Counts". and the last page is "SUMMONS" ----- 1 CAUSE OF ACTION--Breach of Contract ATTACHMENT TO [check]Complaint [empty]Cross-Complaint (Use a separate cause of action form for each cause of action.) BC-1. Plaintiff(name): EQUABLE ASCENT FINANCIAL LLC alleges that on or about (date). 01/22/2007 a [check] written [empty] oral [empty] (specify): agreement was made between (name parties to agreement): PLAINTIFF'S PREDECESSOR IN INTEREST & DEFENDANT [empty] A copy of the agreement is attached as Exhibit A, or [check] The essential terms of the agreement [empty] are stated in Attachment BC-1 [check] are as follows (specify): Plaintiff's predecessor in interest, Chase Bank, N.A. extended credit to Defendant. Defendant accepted the credit, used it to make purchase(s), and became bound to repay the credit with interest. BC-2. On or about (dates): {nothing is written in here--not dates given} defendant breached the agreement by [empty] the acts specificed in Attachment BC-2 [check] the following acts (specify): Defendant defaulted in making the required payments on the account as required by the terms of the agreement with the plaintiff's predecessor in interest. Plaintiff's predeccessor in interest, Chase Bank N.A., thereafter assigned the right to collect on this credit account to plaintiff for consideration and charged-off account. BC-3. Plaintiff has performed all obligations to defendant except those obliations plaintiff was prevented or excused from performing. BC-4. Plaintiff suffered damages legally (proximately) caused by defendant's breach of the agreement [empty] as stated in Attachment BC-4 [check] as follows (specify): Defendant's failure to pay all outstanding balances on the account has caused Plaintiff to suffer liquidated damages in the amount of $3031.14 BC-5. [check] Plaintiff is entitled to attorney fees by an agreement or a statute [check] of $271.87 [empty] according to proof. BC-6. [empty] Other: ---- Another page in the paperwork is, as follows: 2 CAUSE OF ACTION - Common Counts ATTACHMENT TO [check] Complaint [empty] Cross - Complaint (Use a separate cause of action form for each cause of action.) CC-1. Plaintiff (name): EQUABLE ASCENT FINANCIAL LLC alleges that defendant (name): {MY NAME IS GIVEN HERE} became indebted to [check] plaintiff [empty] other (name): a. [check] within the last four years (1) [check] on an open book account for money due. (2) [check] 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. [empty] within the last [empty] two years [check] four years (1) [check] for money had and rceived by defendant for the use and benefit of plaintiff. (2) [empty] for work, labor, services and materials rendered at the special instance and request of defendant and for which defendant promised to pay plaintiff. [empty] the sum of $ [empty] the reasonable value. (3) [empty] for goods, wares, and merchandise sold and delivered to defendant and for which defendant promised to pay plaintiff [empty] the sum of $ [empty] the reasonable value. (4) [check] for money lent by plaintiff to defendant at defendant's request. (5) [check] for money paid, laid out, and expended to or for defendant at defendant's special instance and request. (6) [empty] other (specify): CC-2. $3,031.14 , which is the reasonable value, is due and unpaid despite plaintiff's demand, plus prejudgment interest [empty] according to proof [check] at the rate of 0% percent per year from (date): {NOTHING IS WRITTEN HERE} CC-3. [check] Plaintiff is entitled to attorney fees by an agreement or a statute [check] of $271.87 [empty] according to proof. CC-4. [empty] Other: ---- 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. None Please help me. I need all the help I can get. Again, I have no law experience and I've never even been in court before. I need help starting this fight ASAP. I would really appreciate all the advice you could offer.