missbellie

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Everything posted by missbellie

  1. What if i just want to pay it off and stop this? Do I still need to show up to the case management conference? How can I just come to a # and pay it off?
  2. Thank you to those that have replied with information! Though it says there is a case management conference, how come the next page says no trial date has been set under 6B? Or are those different? I have attached the court documents on my post.
  3. I'm not sure what to do or how to reply to these court papers. I was recently served by a collection agency for Main Street Acquisition saying I owed money. I replied to the court and said that i was not aware of this account and requested that the collection agency/lawyer to show proof to me. Now I received more court paperwork known as CASE MANAGEMENT STATEMENT. I am not sure what the next step is to do. 1. It says that the CASE MANAGEMENT CONFERENCE is scheduled on 6/6/13 and the collcection agency's lawyer will be appearing by telephone..... what about me? Do I need to go to the court that day? 2. in 4B. the collection agency is seeking $, late charges plus accrued interest, attorney's fees and costs....... will the amount be more than what they state on the papers? Should i just pay the amount they are seeking instead of paying an amount that will be more than what they allege i owe? 3. What is my next step on responding to these paperworks? I have scanned and erased my information, can someone please let me know what to do? THANK YOU!! Can I leave my phone number so that someone can call and discuss this better??
  4. I'm replying to the summons with form PLD-C-010.. should I also send a form SUM-110 summons cross-complaint? everyone is saying to reply and beat them, is it better to pay the clerk fees of $200+ or reduce the $1,261 to a lower amount and pay off?
  5. THANKS EVERYONE FOR HELPING ME! I have included what the summons says, but also I don't understand 4b1 and 4b2. What are the 1-5 and 6-10 mean? Also, #9 it says I was informed in writing, but i never got anything from Main Street or their lawyer. in 10.2 the date is 5/31/10, does the SOL start from that date or the date of the last payment made? this is what is fillied out on the summons: 2 pages of COMPLAINT CONTRACT: 1. Plaintiff* (name or names): MAIN STREET ACQUISITION CORP alleges causes of action against defendant* (name or names): __me___ 2. This pleading, includeding attachments and exhibits, consists of the following number of pages: 4 3. a. Each plaintiff named above is a competent adult [X] except plaintiff (name): MAIN STREET ACQUISITION CORP [X] other (specify): A CORPORATION OR LIMITED LIABILITY COMPANY 4. b. The true names of defendants sued as Does are unknown to plaintiff. (1) [X] Doe defendants (specify Doe numbers): ____1 - 5____ were the agents or employees of the named defendants and acted within the scope of that agency or employment. (2) [X] Doe defendants (specify Doe numbers): ____6 - 10____ are persons whose capacities are unknown to plaintiff 9. [X] Other allegations: For good and valuable consideration, the account which is the subject of this action was purchased by Plaintiff, who isnow the lawful owner and holder thereof. Prior to commencement of this action, the Defendant's were informed in writing that if an action were commenced, the Plaintiff may recover its court costs, where allowed by law, in addition to principal and interest otherwise owed. 10. Plaintiff prays for judgment for costs of suit; for such relief as is fair, just, and equitable, and for a. [X] damages of $ 1,261 b. [X] interest on the damages (2) [X] at the rate of (specify): 10.000 perent per year from (date) 5/31/10 1 page of ___FIRST___ CAUSE OF ACTIION - Common Counts ATTACHMENT TO [X] Complaint CC-1. Plaintiff (name): MAIN STREET ACQUISITION CORP alleges that defendant (name): me became indebted to [X] other (name: predecessor in interest, HSBC BANK NEVADA NA 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 plaintiff and defendant in which it was agreed that defendant was indebted to plaintiff b. [X] within the last [X] four years (3) [X] for goods, wares, and merchandise sold and delivered to defendant and for which defendant promised to pay plaintiff [X] the sum of $ 1,261 CC4. [X] Other: Note: for the purposes of CC-1(a.) and CC-1 (b.), the term plaintiff refers to plaintiff's predecessor in interest, HSBC BANK NEVADA NA 1 page of VERIFICATION (a typed out letter by the plaintiff's lawyer) I, lawyers name, declare: I am an attorney at law duly admitted and licensed to practice before all courts of the State of California and I have my professional office at address, Sacramento County, California. I am the attorney of record for Plaintiff in the above entitled matter. Said Plaintiff is absent from the county in which I have my office and for that reason I am making this verication on their behalf. I have read the foregoing documents and know the contents thereof. Venue lies properly with this court because Defendant either risides in this judicial district at the time this action is commenced or the contract was in fact signed by the Defendant in this judicial district. As to all other matters, I am informed and believe that the matters stated therein are true, and on that ground, I allege that the matters stated therein are true. I declare under penalty of perjury of the laws of the State of California that the foregoing is true and correct.
  6. is 3a and 6b the only things I need to fill out on the form, other than name and addresses. Do I need to give reasons? Or just simply check off those 2 boxes and its acceptable by the court?
  7. to reply to the summons with the form PLD-C-010 http://www.courts.ca.gov/documents/pldc010.pdf do i check off COMPLAINT or CROSS-COMPLAINT ?
  8. The summons say the account went into fault in 2010. How do I answer the summons? I typed up a Request for Debt Validation Letter and went to the court, they wont accept it and said I HAD TO hire a lawyer and have the lawyer file proper legal docs. I don't want to hire a lawyer because it would just cost a lot. It seems that hiring a lawyer would cost more than paying it off.
  9. Hi, i'm new to this forum and i'm in desperate need of help! I've been served by the Main Street Acquisition Corp who's predecessor in interest is HSBC Bank Nevada.The summons was filed by Nelson & Kennard, Robert Scott Kennard, S.B.N. 117017 who is representing Main Street Acquisition. I've researched online about Main Street Acquisition and they are a collection agency that buys debt and sues the people. I searched online on how to respond to the summons and read articles saying to write a letter (below is the letter I wrote to respond to the summons) to request for documentations to prove what I allegedly owe and how MSA came up with the amount that I allegedly owe. I also read online that a lot of people saying that they won just by responding to the summons by writing the Request to Validate a Debt. I went to the court clerk to file a response, but the clerk said that my letter is not valid and they don't accept it. She said I needed to file legal papers. They said I need to hire an attorney and file the same paperwork as the summons I receieved. I do not know what to do, I am being sued for $1,261. Can someone or a lawyer please help me out?? It would be greatly appreciated!!! 1. Should I just call the Main Street Acquisition Corp and pay off the debt? If I call the plaintiffs attorney to pay off (the summon only has the attorney info and no info for Main Street Acquisition), do I need to somehow respond to the summons with the court? Can anyone help me explaining this process? 2. Is it true that the letter I wrote is not valid to respond to the summons? Do I have to hire an attorney to file the response? How come the internet, people wrote that they were able to reply by only mailing a Request for Debt Validation letter? 3. Is there any other way to beat this without hiring a lawyer? LETTER I WROTE TO RESPOND: DEFENDANT: name address PLAINTIFF: name address Re: To Whom It May Concern: I am sending this letter to you in response to a summons I received from you on date. Be advised, this is not a refusal to pay, but a notice sent pursuant to the Fair Debt Collection Practices Act, 15 USC 1692g Sec. 809 ( that your claim is disputed and validation is requested. This is NOT a request for "verification" or proof of my mailing address, but a request for VALIDATION made pursuant to the above named Title and Section. I respectfully request that your office provide me with competent evidence that I have any legal obligation to pay you. Please provide me with the following: Provide copies of all documents or correspondences of what the money you say I owe is for; Explain and provide all documents or correspondence to show me how you calculated what you say I owe; Provide copies of all documents or correspondences that show I agreed to pay what you say I owe; Provide a verification or copy of any judgment if applicable; Identify the original creditor; Any and all copies of documents or correspondence from the Defendant to Plaintiffs predecessor in interest regarding the HSBC Bank Nevada, N.A. charge account Any and all copies of documents or correspondence from Plaintiffs predecessor in interest to the Defendant regarding the HSBC Bank Nevada, N.A. charge account Any and all copies of documents or correspondence from the Defendant to the Plaintiff regarding the HSBC Bank Nevada, N.A. charge account Any and all copies of documents or correspondence from the Plaintiff to the Defendant regarding the HSBC Bank Nevada, N.A. charge account Prove the Statute of Limitations has not expired on this account; Show me that you are licensed to collect in my state; and Provide me with your license numbers and Registered Agent.If your offices have reported invalidated information to any of the three major Credit Bureau's (Equifax, Experian or TransUnion), said action might constitute fraud under both Federal and State Laws. Due to this fact, if any negative mark is found on any of my credit reports by your company or the company that you represent I will not hesitate in bringing legal action against you for the following: Violation of the Fair Credit Reporting Act Violation of the Fair Debt Collection Practices Act Defamation of CharacterIf your offices are able to provide the proper documentation as requested, I will require at least 30 days to investigate this information and during such time all collection activity must cease and desist. Also during this validation period, if any action is taken which could be considered detrimental to any of my credit reports, I will consult with my legal counsel. This includes any information to a credit reporting repository that could be inaccurate or invalidated or verifying an account as accurate when in fact there is no provided proof that it is. If your offices fail to respond to this validation request within 30 days from the date of your receipt, all references to this account must be deleted and completely removed from my credit file and a copy of such deletion request shall be sent to me immediately. I would also like to request, in writing, that no telephone contact be made by your offices to my home or to my place of employment. If your offices attempt telephone communication with me, including but not limited to computer generated calls or correspondence sent to any third parties, it will be considered harassment and I will have no choice but to file suit. All future communications with me MUST be done in writing and sent to the address noted in this letter. This is an attempt to correct your records, any information obtained shall be used for that purpose. Best Regards,
  10. Hi, i'm new to this forum and i'm in desperate need of help! I've been served by the Main Street Acquisition Corp who's predecessor in interest is HSBC Bank Nevada.The summons was filed by Nelson & Kennard, Robert Scott Kennard, S.B.N. 117017 who is representing Main Street Acquisition. I've researched online about Main Street Acquisition and they are a collection agency that buys debt and sues the people. I searched online on how to respond to the summons and read articles saying to write a letter (below is the letter I wrote to respond to the summons) to request for documentations to prove what I allegedly owe and how MSA came up with the amount that I allegedly owe. I also read online that a lot of people saying that they won just by responding to the summons by writing the Request to Validate a Debt. I went to the court clerk to file a response, but the clerk said that my letter is not valid and they don't accept it. She said I needed to file legal papers. They said I need to hire an attorney and file the same paperwork as the summons I receieved. I do not know what to do, I am being sued for $1,261. Can someone or a lawyer please help me out?? It would be greatly appreciated!!! 1. Should I just call the Main Street Acquisition Corp and pay off the debt? If I call the plaintiffs attorney to pay off (the summon only has the attorney info and no info for Main Street Acquisition), do I need to somehow respond to the summons with the court? Can anyone help me explaining this process? 2. Is it true that the letter I wrote is not valid to respond to the summons? Do I have to hire an attorney to file the response? How come the internet, people wrote that they were able to reply by only mailing a Request for Debt Validation letter? 3. Is there any other way to beat this without hiring a lawyer? LETTER I WROTE TO RESPOND: DEFENDANT: name address PLAINTIFF: name address Re: To Whom It May Concern: I am sending this letter to you in response to a summons I received from you on date. Be advised, this is not a refusal to pay, but a notice sent pursuant to the Fair Debt Collection Practices Act, 15 USC 1692g Sec. 809 ( that your claim is disputed and validation is requested. This is NOT a request for "verification" or proof of my mailing address, but a request for VALIDATION made pursuant to the above named Title and Section. I respectfully request that your office provide me with competent evidence that I have any legal obligation to pay you. Please provide me with the following: Provide copies of all documents or correspondences of what the money you say I owe is for; Explain and provide all documents or correspondence to show me how you calculated what you say I owe; Provide copies of all documents or correspondences that show I agreed to pay what you say I owe; Provide a verification or copy of any judgment if applicable; Identify the original creditor; Any and all copies of documents or correspondence from the Defendant to Plaintiffs predecessor in interest regarding the HSBC Bank Nevada, N.A. charge account Any and all copies of documents or correspondence from Plaintiffs predecessor in interest to the Defendant regarding the HSBC Bank Nevada, N.A. charge account Any and all copies of documents or correspondence from the Defendant to the Plaintiff regarding the HSBC Bank Nevada, N.A. charge account Any and all copies of documents or correspondence from the Plaintiff to the Defendant regarding the HSBC Bank Nevada, N.A. charge account Prove the Statute of Limitations has not expired on this account; Show me that you are licensed to collect in my state; and Provide me with your license numbers and Registered Agent.If your offices have reported invalidated information to any of the three major Credit Bureau's (Equifax, Experian or TransUnion), said action might constitute fraud under both Federal and State Laws. Due to this fact, if any negative mark is found on any of my credit reports by your company or the company that you represent I will not hesitate in bringing legal action against you for the following: Violation of the Fair Credit Reporting Act Violation of the Fair Debt Collection Practices Act Defamation of CharacterIf your offices are able to provide the proper documentation as requested, I will require at least 30 days to investigate this information and during such time all collection activity must cease and desist. Also during this validation period, if any action is taken which could be considered detrimental to any of my credit reports, I will consult with my legal counsel. This includes any information to a credit reporting repository that could be inaccurate or invalidated or verifying an account as accurate when in fact there is no provided proof that it is. If your offices fail to respond to this validation request within 30 days from the date of your receipt, all references to this account must be deleted and completely removed from my credit file and a copy of such deletion request shall be sent to me immediately. I would also like to request, in writing, that no telephone contact be made by your offices to my home or to my place of employment. If your offices attempt telephone communication with me, including but not limited to computer generated calls or correspondence sent to any third parties, it will be considered harassment and I will have no choice but to file suit. All future communications with me MUST be done in writing and sent to the address noted in this letter. This is an attempt to correct your records, any information obtained shall be used for that purpose. Best Regards,
  11. Hi, i'm new to this forum and i'm in desperate need of help! I've been served by the Main Street Acquisition Corp who's predecessor in interest is HSBC Bank Nevada.The summons was filed by Nelson & Kennard, Robert Scott Kennard, S.B.N. 117017 who is representing Main Street Acquisition. I've researched online about Main Street Acquisition and they are a collection agency that buys debt and sues the people. I searched online on how to respond to the summons and read articles saying to write a letter (below is the letter I wrote to respond to the summons) to request for documentations to prove what I allegedly owe and how MSA came up with the amount that I allegedly owe. I also read online that a lot of people saying that they won just by responding to the summons by writing the Request to Validate a Debt. I went to the court clerk to file a response, but the clerk said that my letter is not valid and they don't accept it. She said I needed to file legal papers. They said I need to hire an attorney and file the same paperwork as the summons I receieved. I do not know what to do, I am being sued for $1,261. Can someone or a lawyer please help me out?? It would be greatly appreciated!!! 1. Should I just call the Main Street Acquisition Corp and pay off the debt? If I call the plaintiffs attorney to pay off (the summon only has the attorney info and no info for Main Street Acquisition), do I need to somehow respond to the summons with the court? Can anyone help me explaining this process? 2. Is it true that the letter I wrote is not valid to respond to the summons? Do I have to hire an attorney to file the response? How come the internet, people wrote that they were able to reply by only mailing a Request for Debt Validation letter? 3. Is there any other way to beat this without hiring a lawyer? LETTER I WROTE TO RESPOND: DEFENDANT: name address PLAINTIFF: name address Re: To Whom It May Concern: I am sending this letter to you in response to a summons I received from you on date. Be advised, this is not a refusal to pay, but a notice sent pursuant to the Fair Debt Collection Practices Act, 15 USC 1692g Sec. 809 ( that your claim is disputed and validation is requested. This is NOT a request for "verification" or proof of my mailing address, but a request for VALIDATION made pursuant to the above named Title and Section. I respectfully request that your office provide me with competent evidence that I have any legal obligation to pay you. Please provide me with the following: Provide copies of all documents or correspondences of what the money you say I owe is for; Explain and provide all documents or correspondence to show me how you calculated what you say I owe; Provide copies of all documents or correspondences that show I agreed to pay what you say I owe; Provide a verification or copy of any judgment if applicable; Identify the original creditor; Any and all copies of documents or correspondence from the Defendant to Plaintiffs predecessor in interest regarding the HSBC Bank Nevada, N.A. charge account Any and all copies of documents or correspondence from Plaintiffs predecessor in interest to the Defendant regarding the HSBC Bank Nevada, N.A. charge account Any and all copies of documents or correspondence from the Defendant to the Plaintiff regarding the HSBC Bank Nevada, N.A. charge account Any and all copies of documents or correspondence from the Plaintiff to the Defendant regarding the HSBC Bank Nevada, N.A. charge account Prove the Statute of Limitations has not expired on this account; Show me that you are licensed to collect in my state; and Provide me with your license numbers and Registered Agent.If your offices have reported invalidated information to any of the three major Credit Bureau's (Equifax, Experian or TransUnion), said action might constitute fraud under both Federal and State Laws. Due to this fact, if any negative mark is found on any of my credit reports by your company or the company that you represent I will not hesitate in bringing legal action against you for the following: Violation of the Fair Credit Reporting Act Violation of the Fair Debt Collection Practices Act Defamation of CharacterIf your offices are able to provide the proper documentation as requested, I will require at least 30 days to investigate this information and during such time all collection activity must cease and desist. Also during this validation period, if any action is taken which could be considered detrimental to any of my credit reports, I will consult with my legal counsel. This includes any information to a credit reporting repository that could be inaccurate or invalidated or verifying an account as accurate when in fact there is no provided proof that it is. If your offices fail to respond to this validation request within 30 days from the date of your receipt, all references to this account must be deleted and completely removed from my credit file and a copy of such deletion request shall be sent to me immediately. I would also like to request, in writing, that no telephone contact be made by your offices to my home or to my place of employment. If your offices attempt telephone communication with me, including but not limited to computer generated calls or correspondence sent to any third parties, it will be considered harassment and I will have no choice but to file suit. All future communications with me MUST be done in writing and sent to the address noted in this letter. This is an attempt to correct your records, any information obtained shall be used for that purpose. Best Regards,