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phoenix02

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  1. Oh, no- with everything else going on, I got the date wrong! I was going off when I received it, like an idiot, not when it was served!!! Service says August 15th, so it had to be served by the 19th. What do I do? Try to get it done and in the mail tomorrow regardless, or am I just doa on this?!?!?
  2. Hello all, I have a boilerplate request for interrogatories and admissions after a general denial and request for BOP to OC. BOP was provided, but is only about 70% of the account statements. I have had it for a month and haven't had time to deal with it- i have 4 days to answer. My wife had a major surgery so I have been playing mr mom as well as self employed husband, so my time is short. The whole idea of fighting this was just to make time to get the money together- $2800- to settle before a judgment. It's looking like that's not going to happen, financially, so my question is- when do you quit? I'm worried about fighting an OC, racking up bills from their counsel and ending up losing with a lot more hanging over my head than the basic $2800, especially because I can't seem to be able to make the time to fight this properly- if there is a fight to be had. Just kinda beat down right now trying to make all this work and wondering if I'm barking up the wrong tree. If I continue, all I can think of is to answer their discovery as good as possible without self incrimination, maybe file a motion to preclude anything not in the BOP since they didn't provide a contract and about 30% of the amount owed is not itemized in what they sent... this is all just happening a lot faster than I had expected. My trial readiness is on October 8th, about 2 months after I filed my answer.
  3. Well, that was fast. I just received special interrogatories, set one, requests for Admission, set one, and demand for production of documents, set one- 35 days to respond. No response to the BOP request. Researching now- wonder if I should respond asap so I can deny pretty much everything bas3d on not enough information known due to a lack of response on my BOP request. I have no paperwork to materially fully admit or deny their interrogatories and have received nothing as of yet. If I wait to get the BOP, I have to pretty much admit to everything and the case is closed, right? If they produce all the documentation, I can't under oath deny it all, but until I get it in my hands, I have nothing material to prove or disprove anything they allege or ask. Am I on the right track here?
  4. Well, I filed and served the general denial and a Demand for BOP. Got a trial setting date on Oct 8th. Seems kinda soon, doesn't it? Anyway, back to the grind- going to wait to see what the BOP comes back with and figure it out from there.
  5. Thanks everyone! I decided to wait to file my response until I heard back some more from this group. I'm heading down on Thursday to file. Is my best bet just a general denial without any noted affirmative defenses? I don't want to acknowledge anything unnecessarily- I did have an account with the plaintiff, but as they did not note any account info or anything, as I see it I have nothing to go by to agree with anything in the complaint other than my name being right. Is the GD the right way to go as I am thinking? I don't want to be splitting hairs too much or not acknowledging something that would get me on the bad side of the judge or the law.
  6. Also, honestly my target is to prolong to try to get some money together to settle. I have nothing now- am going to use a fee waiver for the filing fee. I know being an OC there isn't much I can do. Alternatively, I have no major assets to my name, our house is in my wife's name, I am self employed and don't have a regular paycheck to garnish. Is trying to prolong just going to rack up lawyer fees for them to tack on to my bill? Much as I hate to do it, am I better off letting them get a default and then deal with settling or paying whenever I can? Thanks!
  7. Hello all, I am dealing with a lawsuit from Capital One in California, brought by Hunt & Henriquez. It is original creditor, so I am a little stumped as to what to use as affirmative defenses. Amount prayed is just over $2800. Requesting interest in the amount of 0.0000% since September 19, 2018, but no indication of when defaulted or charged off, and no note of account number of any identifying information. All I can come up with is to use the general denial PLD-050, and add an affirmative defense that plaintiff has not proven validity of claim under 2. AFFIRMATIVE DEFENSES- "Plaintiff’s complaint is unverified and does not even reference an account number, Defendant cannot tell if the claims set forth by plaintiff in complaint are valid. Defendant demands verification of the debt and strict proof of the terms of the alleged account at specific times, including the time Plaintiff alleges it went into default, the complete terms of the account agreement and the owner of the account at that time, and proof of any charges, credits, offsets, and payments on said account, including fees and interest charged before and after the account was charged off. Defendant reserves the right to plead further once proof of these matters has been produced." I lifted the verbiage from online and modified it a bit. Also will file for BOP at the same time I am down to file my GD. I live about an hour from the courthouse, so trying to get as much accomplished at once as I can. The key I see here is that there is NO verification whatsoever and no identifying information in the complaint that actually connects me to any account, it's just a sloppy declaration. I am hoping to file tomorrow- was served 7/13, so I do have a couple days if I need to, but I'll be down that way tomorrow. Thanks all!
  8. It was servied in person to my wife directly. A fee waiver would not be a problem with our current financial situation. My concern is in mailing a check, they don't process it before the end of the month and then they file for a default judgement against her, then process the $2700 settlement, "forget" the settlement agreement and then come after us for the remainder of the default judgment. I was able to borrow the money so I have the $2700 now and can pay asap- I am just gunshy to trust them to uphold their settlement agreement if I just send the check without the agreement in writing. Should I in good faith send payment without the agreement in writing? I worry that I have no proof whatsoever to back up the settlement agreement. Would they consent to being recorded if I call back monday maybe? Then I have a recording of a verbal agreement. Or am I overthinking/ worrying too much about it? Thanks!
  9. Sorry for another post, but a little more info- account opened 1/15, last payment 2/18, charged off 7/18. The reason I want to settle is because I don't want to risk a judgement for balance and court costs. We don't have wages to garnish right now but the equity in our home is higher than the homestead exemption. The plan is to sell the house and move to another state as soon as we can, but my wife needs a special surgery that a handful of docs can do, so we want to get it done here before we move. My concern is them getting a judgement, placing a lien on the home and being able to force a sale for the equity above the exemption to get their money. Likely? I doubt it, but the fact that it is possible worries me. I am not as concerned about the two cards in my name- the house is not in my name in any way and my wife is not a signer on my cards, so if they were able to get a judgement on me it would just be blood out of a turnip.
  10. Oh, one other thing- on the first phone call to them, I had it on speakerphone, the rep asked if my wife was there, she said yes, did not say I was authorized to discuss the matter, did not say I was authorized to act as agent for her, etc. Every other call was with me alone. I am not a party to the lawsuit or a cosigner on the original CC. I found that odd, but did it for two reasons- my wife wouldn't know what to say to them, and second if they thought they could use the recordings of the calls in the court case should it proceed as an acknowledgment of the debt, my wife, the defendant, did no such thing. I don't know if that matters for anything, but an interesting note. Also, I spoke to a Supervisor, which is how I even got the $2700 settlement in the first place. He said that if I agreed to the settlement it would be reported as "paid in full" while the next rep I spoke with today said they could not do anything about that, reporting was Capital One's job and they could not make promise. I requested the call recording with the Supervisor be reviewed for false promises, but doubt anything will come of it. In general, I am wary of giving them any info to make a payment without something in writing. Even then I was thinking about opening another bank account to put the money into for them to withdraw then closing the account so they don't have our primary account information. Why do they not want to give me something in writing? What could make a settlement agreement, basically a form letter, take longer than a day or two to draft and email? It just sounds fishy to me.
  11. Btw, the courthouse is about 50 miles away so it's a hardship for us to even get there- my only vehicle gets 10MPG. I have to go down on monday for a doctor's appointment at a new specialist for my wife we just got approval for, so I was hoping to stop by the court and file while we are down there rather than having to drop another $35 on gas to go down again just to file the response.
  12. My wife is being sued by Capital One in CA by Nelson and Kennard. They filed on the 12th of last month, we were served on the 28th, so I have to file a response pretty quickly. I have been speaking with the lawfirm on a settlement for the past week. Lawsuit is for $3578 or so, plus they have tacked on $317 for fees for the filing, I suppose. I was able to borrow some money from my father to pay this and the best I could get was $2700 lump sum by the end of the month. The problem is that I requested this in writing and was told it would probably take longer than the end of the month, but I was still expected to pay before then or the settlement would be revoked. I am not comfortable paying a debt settlement with nothing in writing. They said there are the call recordings, I noted "yes, which you have and I do not." Anyway, kinda stuck here on how to respond. Last thing I want is to let them get a default judgment while I'm trying to get the settlement in writing, so I have to respond. General denial? How should we respond? My wife and I have medical issues that made us get behind on everything last year, and my wife is not up to it emotionally or tactically to stand before a judge and argue, so I am trying to settle this so she doesn't have to. I have 2 other Capital One CCs in my name that they are threatening to sue, so I'll be back to ask about those. This one for my wife is what I need to get past now. Ideas? Thanks!
  13. Woo-hoo! Thanks. I didn't know exactly where to find that. I really appreciate it, as this issue is one of the few concerns that was keeping me here. Thanks so much, Phoenix02
  14. Hello all! I have some credit debt that I defaulted on due to hard times back in 2010. I've successfully fought off a lawsuit from one creditor, have requested verification from others. Anyway, I still have this debt outstanding, and the SOL is up come October/ November of this year, living in California. I've been laying low waiting for the SOL, as it's coming so soon. Now, we're looking at moving to another state, specifically, Tennessee. It looks like we're going to be moving next spring, so it'll be after the SOL in California. My question is, moving to Tennessee, with an SOL of 6 years, will everything open back up for 2 more years of collectible time on the debts, or since the debts were incurred and defaulted in California, with the SOL of CA still hold and I'll be "free?" I have since accrued no further significant debt, and even just opened a new $300 credit card to start rebuilding my credit, using it for a tank or two of gas and paying it off every month. I want to be out from under all this and move on, as I've not been able to have the money to pay it back, and don't think I will any time soon. In total, all my debts add up to around $10,000 or so after all the fees and penalties that have been tacked on- when I defaulted, it was all less than $5000. Thanks, Phoenix02
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