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  1. Hello, This forum is great. I've gotten so many great information from here and also wanted to share my progress. I am currently in ligation with a junk debt buyer, NDS, LLC. who is suing me for $42K in an unlimited civil case in California. Here is the timeline of how everything went down: Debt Buyer named NDS, LLC. sent me a letter for the first time on 10/25/2019 It said that they are now the owner of the debt. They stated that the account was charged off on 11/21/2018 and that they're charging 10% annual interest since the charge-off date.
  2. Finally got posted on court site, Dismissed without prejudice of course but as my friend said, hey a win is a idea why they dragged it out sooooo long... Case History Mandarich Chicago filed last july 2019, for LVNV, I answered after being served and buying and quickly reading "Stick it to Sue Happy Debt Collectors", made notes and went to the legal library and did the line by line response ( I had to pay for the FULL lawsuit as it was served without required paperwork)...and fortunately this was BEFORE Covid because I filed answer got stamped copy etc (which was NEVER poste
  3. Well...TENTATIVE good news on ONE request for dismissal on one case (without prejudice of course) so called clerks office because it is not online says they filed by fax but signed 10-13 but clerks office does not have did not have proof of service like all other forms they sent me but just want to.make sure that they cannot send me this unless they sent to court etc right??? so just checking since it makes me nervous tht the courts dont have it since it said file by fax and it was nearly a week ago
  4. Hello everyone, My mom who is widowed, speaks zero english, and has no income has been sued by Unifund LLC. I scrolled through other threads and was hoping to find some more help. I intend on serving Bill of Particulars by Certified Mail, RR Requested on Monday and filing a General Denial by the due date. What should I anticipate after? What are the odds of actually going to trial? My mom has a weak heart and would hate to put her through such anxiety of going to a courthouse before a judge. I am providing general info below. Thank you for all your help and any insight on past
  5. At the end of Fall 2019 I was mailed a collection notice from LVNV Funding. The original creditor was Synchrony Care Credit, the amount $1,200, within SOL I denied debt and requested verification/validation. Within a couple of days, I received a verification packet showing the transfer of debt to LVNV funding, Statements showing a balance for 1 year (no charges/balance only stmts ), and a CareCredit Card agreement. The CareCredit card agreement lacked much information (APR, DATE, NAME, etc.), but it did have an arbitration clause. A few days after receiving the packet, I was
  6. Hello all, I tried to find the answer to this in the forums and in my local rules, but I was unsuccessful. I am the defendant in an OC suit brought by Nelson and Kennard, Sacramento. I have a two part question: I received the complaint, and answered it, noting that they had a few instances where they checked multiple boxes instead of one, got a couple facts wrong, and I put in one or two affirmative defenses. My purpose is to delay until I can settle, but not cost so much that the settlement will be impractical. I need a sweet spot. I have some more collections coming at me I'm sure
  7. HI..yet another question.... The complaint filed by the JBD Plaintiff had two credit card statements attached. Nothing is verified and no affidavit of any kind in complaint. How do I get those thrown out so they cant be used against me? Waht are the evidence rules? Can they just attach those and the attachmnet is assumed to be true? How do I challenge those? Thanks,
  8. Hi..I need help clarifying my next step. I'm being sued on account stated and open book account. I sent the Plaintiff a BOP, and the lawyer returned it stating it was not appropriate because of account stated. They are also stating "open book account" as a cause of action against me. Legally, arent they needing to fill out the BOP for the open book account claim? What she did include "in the spirit of Discovery" was Affidavit of sale of account by original creditor (not specific to my alleged account), credit card agreement (generic, no dates or account numbers), and
  9. If you’re taking the time to read this I would like to thank you for any and all interest and help, I struggle with a reading and learning disability making this paperwork very hard for me to understand I am very unknowledgeable in a lot of subject matter. I am very scared and don’t know how to proceed, I have reached out in private messages and was asked to fill out this list of questions and post on this main board so that I may get help from a few different people who understand this. I did also search a few of these boards that had great information on it however I don’t underst
  10. Zwicker on behalf of Discover Bank sued me for approx 11k in the county of riverside, superior court of california They only attached one credit card statement and no contract or application. I foolishly said i had an open account with them but denied all other actions. I served them discovery to them on 7/23/19 (admissions, interrogatories both special and formal) and documents Today is 8/12/19 and was served with motion for summary judgement with all credit card statements and a declaration from someone that claims they work for discover in New Albany, Ohio. Is the
  11. 1. Who is the named plaintiff in the suit? Credit Corp Solutions 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Pat and Fel , Apc 3. How much are you being sued for? more than 1600 less than 1700 4. Who is the original creditor? (if not the Plaintiff) Synchrony Bank 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) substitute service 7. Was the service legal as required by your state? yes Process Service Requirements by State
  12. Good morning everyone! I would really appreciate help on this UNLIMITED CASE in California! THANK YOU so much, beforehand!! Here is the info on my case: -------------- 1. Who is the named plaintiff in the suit? ABSOLUTE RESOLUTIONS INVESTMENTS, LLC 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) MANDARICH LAW GROUP, LLP 420 N. Wabash Ave, Suite 400 Chicago, IL 60611 3. How much are you being sued for? 25k and change 4. Who is the original creditor? (if not the Plaintiff) US BANK NATIONAL
  13. I received a summons, not sure who the person was, by Midland Funding LLC in the county of San Bernardino in California for an unpaid balance of about $2,800, plus the cost of the suit, and other relief as the Court may deem just and proper. I received the summons on 12/11/18 at nighttime at my home. I have been trying to figure out my answer, but have been struggling. Did some research and found the questions below with my responses. 1. Who is the named plaintiff in the suit? Midland Funding LLC 2. What is the name of the law firm handling the suit? (should be listed at the top o
  14. Hi Everybody, I am being sued by Cavalry SPV I, LLC for a Citibank credit card account I defaulted on while I was having a very rough few years (depression, divorce, joblessness, underemployment, homelessness, loss of family member, etc.). Things have turned around since - credit score recovering and thankfully, never had to file bankruptcy. I believe in paying back my debts but Citibank got too greedy and lost me. Had their terms not have kept changing, they'd probably still be reaping the minimum payments off me (that is, of course their whole purpose as an institution?). I ha
  15. Hello All, You all are so helpful, I decided to do it again....😁 Being sued again by Calvary in California for an old CITI account. This time it is in excess of $30k. So on this one I am assuming that I can not use a General Denial like i have on another suit. Any advice or templates for answering the suit correctly? I have 26 day left to answer.
  16. Hello Everyone, Like many, I have been closely following this forum for a long time, soaking in so much empowering and invaluable information. After wringing my hands and banging my head against the figurative wall in agony, I've finally mustered the courage to reach out to you in hopes that you can give me some advice. The JDB I'm dealing with is LVNV, and the law firm representing them is Harris and Zide. The OC is Citibank. I have not been sued yet, but I did receive a dunning letter dated 10/19/18. From the various posts I've read so far, it will be a matter of time before I receive a
  17. Please if anyone can help me, I have searched in this forum quite a bit and I know there has been others with PRA on here, but I just don't understand any of the legal terms on what to do, they all seemed to have some knowledge on the matter and I'm entirely clueless, if anyone can help me... 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.) Hunt & Henriques 3. How much are you being sued for? Less than $5,000 but more than $2,000 4.
  18. Im going through this for the first time, as a young adult, with little or no help. I have a few specific questions that I couldn't find the answer to on this blog. I'm representing myself in this case due to a lack of money for a lawyer so it's all new to me. I have attached the summons I received to help you better understand my questions in case they're not exactly clear. 1. Who is the named plaintiff in the suit? Calvary SPV I, LLC 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Law Firm in Fresno CA 3. How mu
  19. I just wrote this whole post and it disappeared. Ugh!! but in a nut shell LVNV did not show up at the hearing and the arbitrator and I waited 30 mins, no call no show and I just got my confirmation letter (see attached) lvnv arb award to Defendent.pdf
  20. Hello All, I have lurked on this forum for over a year now. I have filed my response to JDB's counsel Harris and Zide. My case has fallen into the hands of arbitration (judicial non-binding). Of course I got a Declaration in Lieu of Testimony and there was no name of the affiant nor an address. I sent JDB's counsel a meet and confer letter (CC'd arbitrator) and they basically told me to kick rocks and were rude and I am unable to subpoena their witness for cross examination. I will object to the affiant's declaration but I am not sure how to do that in my brief or if I sho
  21. Please help me, I have no clue how to respond! Cavalry SPV I, LLC is suing me for $3,369.87. My debt was bought from Citibank on 8/12/17. I'm not sure if it's verified. The evidence against me is a basic sale of account document (exhibit 1) and and old statement with a lesser balance of $2,671.00 (exhibit 2). I have never even spoken to anyone from this company! I'm a broke college student who has recently been laid off and can't afford this. I would highly appreciate any advice on how to move forward.
  22. Who is the named plaintiff in the suit? TD Bank 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Sea Eye Arr Law Officers 3. How much are you being sued for? 1k 4. Who is the original creditor? (if not the Plaintiff) Tea Dee Banc 5. How do you know you are being sued? (You were served, right?) Served a summons 6. How were you served? (Mail, In person, Notice on door) They dropped it off with my 11 yr old son 7. Was the service legal as required by your state? I don't think so
  23. Hello All, I found this wonderful site quite some time ago, and I have learned a lot of valuable information. I have been working on trying to clean up past credit issues from a difficult time the wife and I went through. However I have recently received a summons and complaint on an alleged account that we haven't cleaned up yet. So my intention are to answer the complaint with a general denial, as it does not appear to be a verified complaint, and send off a BOP then a meet and M&C letter when they respond with junk to my BOP. Or do you think that there is something
  24. Hi Everyone, I am being sued by Capital one bank & Hunt & Henriques. My former roommate informed me that I received a letter of intent to sue from Hunt & Henriques. I am currently not living at the address they are sending mail to anymore. Because of this i have been checking the small claims website to see if my name would pop up and when i check it today it did! A few years ago I was going through very hard times and was living off of 2 CC's. My life is now moving in a positive direction, working + going to school full time, but I currently have no money to pay
  25. hello, this is my first time posting here--sorry if i'm in the wrong section. i have absolutely zero knowledge about any legal processes and any advice is much appreciated. quick backstory - this debt was from an old student loan issued by sallie mae 11/07 which i defaulted on and it was written as a charge off. the last payment made was 05/12 and was reported on my credit 02/13. i can't remember the exact date, but i was served/sued by Neuheisel law firm either 2014/2015 and never went to court and had a judgement placed against me. last year 2016 i had a levy placed on my bank