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Found 138 results

  1. 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 ASSOCIATION ND 60 Livingston Ave St. Paul, MN 55107 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) In person at home 7. Was the service legal as required by your state? Yes 8. What was your correspondence (if any) with the people suing you before you think you were being sued? None that I am aware of. 9. What state and county do you live in? CALIFORNIA, County of Los Angeles 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) Not 100% sure – they presented a CC statement with the complaint dated September 2017. 11. When did you open the account (looking to establish what card agreement may be applicable)? Unsure. But it is not a super old account. It is relatively recent (last 5 years perhaps). 12. What is the SOL on the debt? To find out: California. Written: 4 years, Oral: 2 years, Open Ended Accounts: 4 years. Statute of Limitations on Debts 13. 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). - Filed the answer with the court (personally, and on time, on day 30) this week. - Served plaintiff’s lawyers by mail the same day – CMRR - Case Management Conference has been set for the end of April, 2019. 14. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) No. 15. Did you request debt validation before the suit was filed? Note: if you haven't sent a debt validation request before being sued, it likely won't help create FDCPA violations, but disputing after being sued could be useful to show the court that you dispute the debt ('account stated' vs. 'breach of contract'). No. I had no warning I was going to be sued. 16. 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? Filed the answer personally, and on time, this week. 17. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. Only two things: - Exhibit A: A copy of a Credit Card statement from Sept 2017. Guessing they're alleging that it's the "last payment"? - Exhibit B: A copy of a Credit Card statement from April 2018. Guessing they're alleging ths is the charge off? * THE ACCOUNT NUMBER PROVIDED IS ALL BLACKED OUT except for the "last four" numbers of the account. In the complaint itself the account is listed as "XXXXXXXX and last 4 numbers." 18. What are the causes of action listed in the complaint? First Cause (Account Stated) - Within past 4 years, an account was stated in writing in which it was agreed that defendant was indebted in the amount previously referenced herein. Although demand has been made upon defendant, said amount has not been paid, and is now due, owing and unpaid from defendant to plaintiff, as successor in interest. Second Cause (Open Book Account) - within past 4 years, defendant and each of them became indebted in the amount of the previously mentioned herein for a balance due on a book account for goods sold and delivered and/or services rendered by U.S. Bank National Association. Although demand has been made upon defendant, said amount has not been paid, and is now due, owing and unpaid including attorney's fees from defendant to plaintiff as successor in interest. 19. How did you find out about this site? Guess I am not necessarily a “newbie.” I won two lawsuits against JDBs about 10 years ago (one went in front of a judge, who ruled in my favor; the other one was dismissed by the rent-a-lawyer right before going in front of the judge). But, it has been a while, I’m sure things have changed a bit in the last 10-years, and this time around I am dealing with an UNLIMITED CASE. I had completely forgotten about this site until the night before I was to file my Answer this week – when I was double checking everything before filing it the next day. I remember how helpful everyone here was back then (I helped also). Since I am in new territory with this being my first UNLIMITED CASE, I want to make sure I have all my ducks in a row. I am SUPER RUSTY and it’s been a while, but I am 2-0, and definitely plan to make my record 3-0. A HUGE THANK YOU beforehand to everyone who is able to help me win this one! @LoveIsPower (this is a new account I created, since I can’t remember what my old one was)
  2. 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 understand most of it, I did see that it looks like I should file a general denial form, but also it says that’s only if I’m being sued for $1000 or less… So I’m confused as to whether I should fill out that form. It looks like the case was open on December 16 of this year but I was served on December 21 of this year so I’m not sure if the calendar days starts from December 16 or from the 21st. I also have no idea exactly what to do or how to proceed. I make a little money working with children of special needs under 30 hours a week, I never wanted to not pay this or any other credit card but I had a cut in my hours and I did what I had to do to survive, I am afraid also that any other credit cards that might have gone and paid will now also try and sue me as this company is trying. I appreciate any help anyone can offer me, I am so sorry that I am extremely knowledgeable, and I have a hard time retaining and understanding information because of my learning disability, therefore I am beyond grateful to anybody who is willing to give me advice and direction. 1. Who is the named plaintiff in the suit? UNIFUND CCR LLC 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) RESURGENCE LEGAL GROUP, PC 3. How much are you being sued for? $ 3k 4. Who is the original creditor? (if not the Plaintiff) CITIBANK 5. How do you know you are being sued? (You were served, right?) I was served 6. How were you served? (Mail, In person, Notice on door) Served in person 7. Was the service legal as required by your state? I believe so 8. What was your correspondence (if any) with the people suing you before you think you were being sued? They may have sent me letters in the mail, I am unsure 9. What state and county do you live in? Orange County, California 10. When is the last time you paid on this account? (looking toestablish if you are outside of the statute of limitations) Looks like 11/07/2016 11. When did you open the account (looking to establish what card agreement may be applicable)? I believe it was online 12. What is the SOL on the debt? Looks like 4 years 13. 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). Not sure what I’m looking for specifically but if shows that a case was opened (electronically) and that I was served 14. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) No 15. Did you request debt validation before the suit was filed? Note: if you haven't sent a debt validation request before being sued, it likely won't help create FDCPA violations, but disputing after being sued could be useful to show the court that you dispute the debt ('account stated' vs. 'breach of contract'). No 16. 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? It says 30 days after the summons, which is dated 12/16/2019 but I was served on 12/21/2019 , I’m not sure which date I would go by for the 30 days 17. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. They included 3 Exhibits. Exhibit A is a copy of my last bill from the original creditor, Exhibit B is a “bill of sale and assignment” dated 3/29/2018 by Citibank to Distressed Asset Portfolio III , there’s a few different dates on this paper, something about an “addendum” and it lists Distressed Asset portfolio III and Distressed Asset portfolio IV ... its very confusing for me, the Exhibit C is 21 pages of mostly blank paper with the exception of a column on the top of each page that says something different on each page, the first page being the last 4 digits of the credit card number, the second page being the sale amount and principal amount, the third page being charge of interest and fees. It looks like maybe this is some sort of spreadsheet printout 18. How did you find out about this site? Google search
  3. 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 sent a letter of intent to sue from LVNV. I contacted the credit bureaus and disputed a Synchrony Care Credit trade line and a new LVNV collection. I knew some information they reported/changed to be factually incorrect. A month later I was served in person. I’m in California. I Scheduled an MTC hearing 45 days out, filed MTC, memorandum of points and authorities (included copy of Care credit agreement they sent), Order, and had plaintiff served. I filed POS as well. This week (29 days before hearing) I was served via USPS a request for documents, request for Admissions, and Special interrogatories. The date to respond timely to them (30 plus 5 days) falls exactly on the date of the MTC hearing. However, the date on the “request for documents” has a date of 2 weeks after the hearing. Here’s my question. Should I respond prior to the hearing? I can prep the docs to send at any time, but am considering having them served via mail the same day of the hearing, depending on the ruling. I could answer “ Objection, defendant has exercised her right to utilize arbitration as the forum to resolve plaintiffs claims, and responding to this discovery request may constitute a waiver of that right (thankyou @Harry Seaward for this from another post). “ VS “objection, defendants’ motion to compel arbitration was granted and the scope of discovery is to be determined through arbitration (not sure if this is phrased correctly) .” In the event my motion is denied, I can serve the first response while filing an appeal with the court the same day of hearing. Either way, I will bring a copy to the hearing in case they show up and it gets brought up. Is my objection how I should respond to every question on all three documents... request for Admissions, Special interrogatories and request for documents? I’ve attached a redacted copy of questions for reference. Ive read through these forums and don’t have a clear picture on what the motion hearing will look like...if the judge will ask me about the case law I used on my MTC or if the other side will show up and what to expect/prep for if they do. Any advice/guidance would help. Thank you for your response. This forum helped so much with my MTC and I appreciate any advice. Question from LVNV.pdf
  4. First off, I have to thank @ASTMedic @calawyer and everyone else on the forums for helping me win this! I couldn't have done it without your knowledge! I just received the form CIV-110 stating that Portfolio is filing for a dismissal without prejudice. I have a year left on the SOL. Is there a way, at this point, or should I even try and get the case dismissed with prejudice?
  5. 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, but my income will increase in the next couple years and I already make too much for Chapter 7 unless I can argue grad school student loans are non-consumer debt.. but I have heard that's really expensive and CA caselaw isn't binding and other reasons from attorneys, so then it's like either chapter 13 or settle my way through the storm, and if I can settle that's got to be better than 5 years of .. well of eating like I did in grad school. Anyway, I'm not out to win this, just to get a trial that's months away so I have money to settle with, and then I can stall the next lawsuit and settle again, and so on. SO. Question 1: in answering the complaint, I read that I could efile and then serve the plaintiff. But the day after I efiled it, suddenly the court called and gave me 36 hours to serve it, so I ended up spending like 300 dollars on a next-day process server. That hurt. Will I need to serve the plaintiff every time I file anything, like this case management form and such? I don't see an answer to this in local rules or superior court rules. Question 2: I read somewhere that was not unique to CA, that process service by the defendant could be done via registered or certified mail or something- but it couldn't be mailed by the defendant. If I'm a very private person and don't want a friend to know anything about this, is there like a Fedex-Kinkos service or something that would just be the adult that does that? OR how do people normally do their defendant process serving duties? It seems impractically expensive to do so. Thank you for any insight you might have on 1 and 2.
  6. 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,
  7. 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 account statements from closing date onward. From what I've read BOP does not count toward Discovery questions. Since I can only have 35 questions total in discovery for my Interrogatories, Request for Documents and Admissions- How do I get this info from them so It doesnt count towards Discovery? And How does what she did send me factor in? Do I assume what she sent me is the only copy or version of what they have? Meaning, should I assume they dont have a Bill of Sale that is tied to my alleged account to prove legal standing? Or does that not matter in So. California? thank you!
  8. 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 had gotten the card while in college to use for emergencies and to build credit. I used the card for about 9 years, usually paying it off entirely but occasionally racking up a big debt following a vacation, for instance, or when I had to buy a new computer, buy a suit for a wedding, etc. I should have known better than to just make the minimum payments on it as the debt never got any smaller. They got greedy and hiked the interest rate from its initial 11.99% or 14.99% to 29.99% suddenly, which was a shock as I had never been late on a payment and was always utilizing below 50% of my limit. I called to see if they could lower it but their response was "that's just how it is - but we can reduce it to 27.99% for a month since you're a valued customer etc". This happened about 3 times. My wife and I separated and I moved back to California where I changed careers and started working freelance resulting in unreliable income and sleeping on couches. My income became too scant to make those minimum payments. After 9-ish years of always paying on time, I defaulted one month. I called Citibank and asked if I could postpone the $250 min payment for a month due to financial difficulty and they simply said no. An overdue paycheck finally landed and I was ready to make that minimum payment but when I logged in to do so, the minimum payment had now jumped to $600 (late fee and previous minimum payment). I defaulted another month and again when I got paid and was keen to make a payment the new minimum had jumped again to a figure that was even further out-of-reach. I called Citibank to see about options I had - whether I needed to close the account or create a repayment plan but they wanted a huge chunk right upfront to even initiated something, plus a commitment to pay another large chunk the next month. I was effectively buried. And meanwhile they kept adding late fees and accruing interest. The amount owed ballooned to a figure nearly double what I had ever spent on the card in the first place. Had I been smarter, maybe I would have tried to get a loan with lower interest to pay off the account or something but the priority of this Citibank thing began to be lower as I started facing some other real problems. It's all been a very valuable lesson on interest rates and credit cards and it's unfortunate I wasn't able to keep paying it before they sent it to collections. Cue the sad violins. I've been reading tons of posts and am hoping to beat this. Here's my answers to the standard questions - I hope to get all my questions answered as well as keep you all posted on how I do... 1. Who is the named plaintiff in the suit? Cavalry SPV I, LLC, as Assignee of Citibank, N.A. 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. 3. How much are you being sued for? ~$8,500. 4. Who is the original creditor? (if not the Plaintiff) Citibank. 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) In person. 7. Was the service legal as required by your state? Yes. 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? Los Angeles, CA. 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) 3 years, 4 months ago. 11. When did you open the account (looking to establish what card agreement may be applicable)? 2006. 12. What is the SOL on the debt? To find out: 4 years. 13. What is the status of your case? Suit served? Motions filed? "Pending" 14. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) No. 15. Did you request debt validation before the suit was filed? Note: if you haven't sent a debt validation request before being sued, it likely won't help create FDCPA violations, but disputing after being sued could be useful to show the court that you dispute the debt ('account stated' vs. 'breach of contract'). No. 16. 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? 30 days to respond. Did not receive an interrogatory. Here's what they are claiming: Cavalry is the owner of the debt I owed to Citibank and I have to pay them. 1. The damages and money in the sum of [$8,500]; 2. Cost of suit incurred; 3. Other such relief as the Court deems just and proper; 4. Plaintiff remits all damages in excess of the jurisdictional amount of this Court. 17. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. Just statements. Just statements from the OC. Exhibit A: Account Stated (a statement from when I first defaulted); Exhibit B: Open Book Account (a statement from a few months later) That's it. 18. How did you find out about this site? Googled "Sued by Cavalry SPV" After reading a lot of threads, I'm planning on doing a General Denial and asking for BOP. Just wondering, anybody else that is dealing with this (or has before) what did you put on your General Denial form?
  9. 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.
  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 there any way to fight this? they have never sent a contract or application their witness/the person who signed the declaration is in ohio. I thought in california, their witnesses have to be within 150 miles of jurisdiction. "Discover Bank" sued me statements are for Discover It Card exhibit A was discover cardmember agreement exhibit B was all the statements since origination of account
  11. So if you're just reading this forum for the first time because you Googled "Midland Funding Summons" like I did 9 months ago I'm sure you're freaking out that someone showed up and handed you a summons. Your mind is spinning with all the options you feel you have at this point (and I know first hand that those options seem crappy) but the very last one on your list is "Fight these *expletives*". I'm sure it is the VERY last thing you think you could ever do and the thought of even being successful feels like a long shot at best. Well YOU'RE WRONG!!!!!! It's not as hard as you might think and the odds of you winning when going to court with a JDB (junk debt buyer) are more in you're favor than theirs 90% of the time. They are unwilling to buy the evidence they need to win and have to get someone to vouch for the docs they want to use anyway. So it's a matter of following the rules and calling their bluff and the odds are well in your favor. I am a 33 year old high school grad and work as a Paramedic for the past 12 years. I have a year of college education before becoming a medic so that gives you an idea of where I started my journey on this forum. I have been to the court house, not court before a judge, all of about 2-3 times in my life before this, and those were for traffic infractions. I have NEVER been in a courtroom and I was, to put it lightly, inexperienced in the area of law. So along came this forum and the people that are on here. These people are AMAZING and taught me how to fight my case. Now if you're here to have someone do all this for you then you need to reevaluate your intentions. YOU and only YOU can legally fight your case unless you hire a lawyer. So you need to understand everything about your case so you can defend yourself if your case makes it to court. Read this thread by Coltfan. It really helps us understand standing since it's the key to a JDB case, or any court case. This is how you take apart the JDB's case by making them prove they have standing to sue. Guess what, they usually can't. Two days ago I had court and today I found out I won my case. Here are the docs that I used while fighting Midland. These docs are for your reference and are not legal advice. You need to understand how they apply to your case and what is contained in them in the event you have to articulate a point to a judge. This case was in California and as such case law applies to Cali. Study your local court laws to find due dates for motions and other items. Please read around this forum since your case may not fit mine and other options might be better suited. I used a general denial since the content of the complaint wasn't verified. This, in my opinion, gives the JDB very little to grab hold of if you were to use the wrong affirmative defenses. KISS method, you know. I tried to play as stupid as possible to keep from tipping my hand that I was building my army. Just remember do you really want to ask for docs that will only help build their case against you?? All docs you send to the plaintiff need to have a proof of service attached and signed by someone that isn't a party to the case. Send everything, and I mean everything, by Certified Mail Return Receipt Requested (CMRRR) so you have proof they got it. Save the green card you get in the mail and attach it to your copy of the doc it applies to so you can reference it easily if they say they didn't get something. (Not uncommon) As you get docs from the JDB put them into a binder that is divided into sections so you can easily find what you need if you go to trial. It's easier to do this as you get them than later when you have a huge stack. I got my summons and answered the complaint with the general denial. Do this first since its due no more than 30 days after you were served. I sent my Request for Docs to start my discovery: My Request for Production of Docs (Discovery doesn't get filed with the court so just save copies and the CMRRR for each one you send) They sent me RFA, ROGS and Doc request and I responded: Response to Plaintiff's Request for Admissions Response to Plaintiff's Request for Docs Response to ROGS They responded to my Request for Docs with junk. Junk that most here seem to get in their discovery. When I say junk I mean nothing proving real ownership of your account. At this point I had a choice since most JDB's will respond with as little evidence as possible (since that's all they have). You can either send a Meet and Confer if they don't respond with the evidence needed to prove ownership. If they still side step you then you will have to file a Motion to Compel. But again do you want to tell them you know their docs won't win in court????? Because that is what you will do by forcing them to produce better evidence. Isn't the point to have a better case than your opponent? I was in the process of prepping a MTC and opted to just keep my mouth shut and drill them at the last second when they didn't have much time to work with. Here is the MTC and separate statement but again I never used them. So next was our Case Management Conference (CMC). The CMC is VERY basic and nothing to stress about (but you still will, I did). Dress for war since this will be the first time they get to size you up. This will be in front of a judge so be ready for that too. You will just be asked if things are going as planned and if anything needs to be ironed out. About 99% of the time the JDB lawyer will try and push trial back in hopes you will loose focus and forget something. Didn't work in their favor this time. You can try and fight this or use it to your advantage too since time can work on your side too. Be sure to file a CMC Statement prior to your CMC. After this I opted to go the route of being silent and vanished like a fart in the wind until 45 days before or trial date. This time was a total of 4 months since the rent a lawyer that they hired for the CMC pushed to have the trial moved as far out as they could. So at this point (45 days out) I sent my CCP 96. The CCP 96 makes the JDB disclose everything they intend to use in court. If they don't disclose it then they can't use it so it's a 100% mandatory tool in your case. DON'T MISS THE DEADLINE FOR IT!!!!!!!!! They will most likely respond with the docs they are going to use and any witnesses they plan to use. Most of the JDB will have a CCP 98 (affidavit in lieu of live testimony) submitted in an attempt to get the bogus docs past the business doc hearsay rule with out having to use a live witness. The key here is to subpoena the witness that is listed on the CCP 98 at the closest address to the court. The reason for this is that 99% of the time that person isn't going to be available for personal service there. Notice I say personal service, per CCP 1987(a) the service of a subpoena must not be in care of. It has to be to the witness. DO NOT let the JDB try and side step this. (Edit 6/25/13 - there is now Cali case law about the CCP 98 service. Calawyer posted a thread about it on the forum. Be sure to include it in your brief and MIL because they will attempt to side step the fact that service was unsuccessful.) So per CCP 98 you can attempt to serve the witness 20 days before trial at the address given. They address they give must be 150 miles at MAX from the court. If it's further it doesn't follow the code. They tried to give me 5 addresses to use for service but only one was in the 150 miles and that address was vacant (not good for them). So fill out a Subpoena and have the Sheriff Dept in the county where the address is listed attempt service. If they don't then use a process server. Be sure the server knows that service needs to be to the witness ONLY. It's the law. If service is unsuccessful then you can submit a Motion in Limine just before trial to get the CCP 98 affidavit tossed out. With no witness they have no way to back up the docs they want to use for evidence. I wrote this to help those after me understand why attacking the witness is so important. So next is the Motion in Limine and the Declaration in support of it. This will get the affidavit in lieu of testimony tossed and basically kill the case. No witness to back up the docs then the docs are hearsay and they can't prove they have standing. You also need to file a Trial Brief before trial. This presents your case to the judge. This will educate, him or her, as to why the JDB has no case. It has case law and references to codes of civil procedure in it. It's your case in a nut shell. I also filed a Request for Judicial Notice. This points out facts that may become part of the trial that are so obvious that they can't be contested. An addess is either outside the 150 miles or its not, no debating that. I submitted the request to point out that the mileage for 4 for the 5 CCP 98 addresses were clearly outside of the 150 mile range stated in the statute. I attached printouts from Google maps showing the miles. The MIL, Brief, and judicial notice all need to be sent to the plaintiff too. CMRRR remember? Here is a 60 day pretrial checkoff that was written by Seadragon. Links have been added to the appropriate docs. Next comes trial, if it gets that far. Wear a suit, rent one if you have to. I live in a county that has a fair amount of low income people and when I got called up by the judge I heard a guy behind me say "I thought he was a lawyer". That's what you want. Take your trial binder that you made. Act professional, it will go a long way with the judge. At the beginning of my trial the judge asked opposing counsel if he was a lawyer. I think he was so unimpressed with the lawyer's appearance that he really didn't think he was a lawyer, needless to say the lawyer was PISSED. I'm going to stop here for now. By this point you will be asking questions on the forum that apply to your case so you won't need this. (Edit: I added more about the trial in a post farther down in this thread at people's request. You can read more there about how trial went there) Just remember you can do it. They are beatable most of the time and they usually get stomped. Why do you think most don't go to trial? Thanks to Calawyer and Seadragon. Without them this wouldn't have been possible. Feel free to PM me with questions. I may not see your thread so you might need to ask me if you have a question. If others want to add to this thread feel free. (Oh and Midland if you read this :'> and send a better lawyer next time. The judge had to ask him if he was a lawyer at the beginning because he looked so lost, that's sad.)
  12. 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 else I should do off the bat? 1. Who is the named plaintiff in the suit? Cavalry SPV as assignee of Synchrony Bank FKA GE Capital Retail Bank 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Winn 3. How much are you being sued for? More than 4K less than 5K 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) In Person 7. Was the service legal as required by your state? Yes 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? Got collection letters in the mail from Cavalry and the intent to sue letters from Winn 9. What state and county do you live in? San Diego 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) Around Feb of '16 11. When did you open the account? (looking to see which agreement/contract may be applied) 2006? 12. When did you open the account (looking to establish what card agreement may be applicable)? 2006? 13. What is the SOL on the debt? To find out: 4 Years Statute of Limitations on Debts 14. 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). Served 15. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) No 16. Did you request debt validation before the suit was filed? Note: if you haven't sent a debt validation request before being sued, it likely won't help create FDCPA violations, but disputing after being sued could be useful to show the court that you dispute the debt ('account stated' vs. 'breach of contract'). No 17. How long do you have to respond to the suit? 30 days, by 7/24. (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.1) account stated 2) money lent Did you receive an interrogatory (questionnaire) regarding the lawsuit? No. Here is an example of what the summons/complaint may look like: Sued by a Debt Collector - Learn How to Fight Debt Lawsuits 18. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. They included the 3/16 statement as exhibit A 19. Read this article: I have Sued by a Debt Collector - Learn How to Fight Debt Lawsuits
  13. Hi, I've been reading over several threads that are similar to my situation but am still feeling confused and a bit overwhelmed. I'm wondering what my affirmative defenses should be, including Doctrine of Laches? Here are my details: 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.) Winn Law Group 3. How much are you being sued for? $1419.90, however, my credit report pulled on 10/23/17 has the balance charged off listed as "$464". Then, under that where Calvary took over the balance claimed is "$1420 with an original balance of $1450" 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?) Yes, yesterday at end of Super Bowl (2/4/17; Sunday) 6. How were you served? (Mail, In person, Notice on door) In person; still need to serve me (they filed against both my husband and me and "Does 1-10" as it was a joint account 7. Was the service legal as required by your state? Yes 8. What was your correspondence (if any) with the people suing you before you think you were being sued? debt "validation" packet including a Bill of Sale (with two dates on it - July 16, 2014 and Dec. 26, 2014), and 3 or 4 statements (dated 12/14, 6/14, 5/14); Notice of Intent to File lawsuit October 2017. 9. What state and county do you live in? Sacramento, California 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) April 14, 2014 11. What is the SOL on the debt? 4 years 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). Suit served. I have 30 days to answer 13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) Yes because on some credit reports they are listing their account as a separate account from the OC making it look like I owe both the OC AND the JDB 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. Yes. Bill of sale, a spread sheet type thing with all of my account info and ~ 4 months worth of statements. 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? 30 days to respond 1.Account Stated 2. money lent 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. Exihibit “A” ~ monthly statement from 4/14, listing last payment made on 4/14/14 My questions are these: 1) Can I use the Doctrine of Laches since they are filing so close to the SOL? When does the SOL start counting - when last payment was made or when first payment missed? Either way, my guess is that by the time a CMC is set the SOL will be up on this account. 2) The credit report dated 10/23/17 states clearly from the OC that the last balance was $464 and the "charge off balance" was $464. I think this might be a typo on either the OC or credit bureau's part but none the less it is stated clear as day on my report print out. Do I use this? 3) I'm overwhelmed because of the two actions listed there are 12 line items before it even gets to the first action of "Account Stated" and the second cause of action "Money Lent" with a total of 22 line items. I'm not sure how to respond to them and some even seem duplicates. They actually state in the second cause of action "19. Plantiff repeats and repleads and incorporates by reference the allegations made in Paragraphs 1 through 18 of this complaint. So do I have to respond to the 1-18 again, line by line? 4) Any help would be most appreciated! Here is the gist of their line items: 1. True names of Does 1 to 10 are unknown to Plaintiff (there are no other people on this account; just me and my husband) 2. All times, Defendants were the agents, servants and employees of each other (???) 3. Plaintiff is and was a LLC, authorized to do business in California 4. Plaintiff is a debt buyer - section 1788.50 of CA Civil Code 5. Section 1788.50 applies to this debt because it was purchased after January 1, 2014 6. Plaintiff is in compliance with Section 1788.52 - attached is Exibit A (which is a monthly billing statement dated 4/2014) "which demonstrates the debt was incurred by the Defendant" 7. Nature of debt is credit card agreement entered into by the charge off creditor and Defendant. Defendant obtained credit to use for the purchase of certain goods and services. 8. Name of Charge off creditor is Synchrony Bank FKA GE Capital and address listed along with charge off account number. 9. Name and last known address of Defendant is listed 10. Name of "all entities" that purchased the debt after charge off are: Calvary SPV I, LLC and address in NY 11. Plaintiff believes Defendants reside in city of Sacramento, state CA 12. Plaintiff informed Defendant in writing that it intended to file this action 13.Plaintiff repeats and repleads and incorporates paragraphs 1-12 14. the account was charged off at 1459.90 15. On Nov. 12, 2014, defendants were indebted to the charge-off creditor, synchrony bank, in amount of $1419.90. Defendant billed monthly and failed to dispute as required under FFBA 16. The date of last transaction or payment made on account was April 14, 2014 17. Prior to filing this complaint, all right title and interest in the account (acct number listed), was sold and assigned by Synchrony Bank to Calvary SPV and is the sole owner of the debt at issue 18. Plaintiff made demand on defendants for payment of that sum but no part of that sum has been made to plaintiff 19. Plaintiff repeats and repleads allegations made in paragraphs 1-18 (Second cause of action begins: MONEY LENT) 20. the account was charged off with balance of $1459.90 21. Within the last four years, Defendant became indebted to charge off debtor, Synchrony Bank in amount of $1419.90 22. The date of last payment made on account was April 14, 2014 23. Neither the whole or any part of the above charged off sum has been paid, although, payment has been demanded, owing to Plaintiff in the principal amount of $1419.90 and costs of suit Then, they list "For First Cause of Action": 1) Principal of damages in sum$1419.90 2) Costs of suit and; 3) such other relief as the Court may deem just and proper For the Second Cause of Action: 1) Principal damages in the sum of $1419.90 2) Costs of suit and; 3) Such other relief as the Court may deem just and proper
  14. I was just served last Friday Night. I have been following the threads on here an the advice so far has been unbelievable. I have a couple of questions that I wanted to double check. The first is I didn't see any thing that was labeled VERIFIED, the only thing that was attached was a statement from August 2013 showing that my last payment was made July 2013. I am assuming this means it is unverified? I just wanted to make sure that my first step is filing a POS - 050 or genial denial http://www.courts.ca.gov/documents/pld050.pdf. Also, a notice of case assignment was attached. Does that mean anything separately? It's a CRC 3.740 case. What I am confused about is it says a defendant must general appear within 30 days of service of the complaint. My next question is do I have to file a POS - 030 as well? I am a bit confused as to if it is necessary or not. Also, does the BOP have to come from someone else or can it be mailed from me? I am bit confused on that as well. My last question is part of the documents filed was copies of a suit against someone else in Fresno with their name on it, not me. My cases paperwork filed in San Diego is attached as well, but I am confused as to why the paperwork from a case against a lady was attached as well? I apologize if these are simple questions. I honestly had no idea what to do until I found this site and all the responses & realized that I can fight this & win. I have answered the questions below as well. Thank you for you help in advance! 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.) Lawyers out of Fullerton, Ca 3. How much are you being sued for? $4,800 4. Who is the original creditor? (if not the Plaintiff) Citibank 5. How do you know you are being sued? (You were served, right?) Yes 6. How were you served? (Mail, In person, Notice on door) In person 7. Was the service legal as required by your state? Yes 8. What was your correspondence (if any) with the people suing you before you think you were being sued? A letter saying that they now had the debt & to verify in 30 days, which I didn't 9. What state and county do you live in? San Diego, California 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) July 2013 11. What is the SOL on the debt? 4 years 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). Suit served. I have 30 days to answer 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? Note: if you haven't sent a debt validation request, don't bother doing this now - it's too late. 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? 30 days to respond; Does 1 to 10 Inclusive ( I think this is what is meant) 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. An old Citibank statement from 08/2013
  15. 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 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? I called them once and they said they would call me back and never did. (I never did speak to the case manager at all, just the girl who answered and or me on hold) 9. What state and county do you live in? CA, LA 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) Unknown 11. When did you open the account (looking to establish what card agreement may be applicable)? Unknown 12. What is the SOL on the debt? To find out: 4 yrs Statute of Limitations on Debts 13. 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). Suit served. Have not yet answered. 14. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) No 15. Did you request debt validation before the suit was filed? Note: if you haven't sent a debt validation request before being sued, it likely won't help create FDCPA violations, but disputing after being sued could be useful to show the court that you dispute the debt ('account stated' vs. 'breach of contract'). No 16. 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? 40 days 17. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. Just the basic claims that I owe them $$. No real evidence as far as I can tell.
  16. Hi! Thank you for putting this site together. I have never been sued. I have looked through the posts on this site but I am still very confused on how to reply to the Summons Complaint. I would like to create a post that is clear and detailed on how to address this Summons in the hopes of assisting anyone else facing the same. Please help. I think I would like for the Plaintiff, Portfolio Recovery Associates, to drop the case. I am not sure how to proceed. If I can't get them to drop the case then settling for a smaller amount to pay them is my second hope. I am unemployed. I do have all the pages of the Summons & Complaint scanned and can upload them if needed. The Summons was served at my door and I have 30 days from 08/18/16 to respond. I do owe the money but it was owed to Capital One Credit Card. I would rather not pay the amount since I am unemployed but if I have to I would like to have to pay a lot less. I would also like this to go away as easily and painless as possible. I would rather not have to go into the Court House. Please tell me in detail the steps I should take. The following are my beginning questions; -Do I want to challenge the Plaintiff by requesting they supply proof I owe them the money in the hopes of them not wanting to put that much effort into the case or do I want to request Arbitration or should I submit something else? -What do I send in reply to the Summons, what does it look like and what should it say? -Do I send my reply USPS Certified with tracking and proof of delivery? -Is the Summons and Complaint valid and done correctly? Is there anything about this Summons and Complaint that says it's an easy win for me? I noticed that others have posted specific questions and answers to help assist so I am supplying that info as well; 1. Who is the named plaintiff in the suit? Portfolio Recovery Associates. 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? $1967.00. 4. Who is the original creditor? (if not the Plaintiff) Capital One. 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) In Person. 7. Was the service legal as required by your state? Yes. 8. What was your correspondence (if any) with the people suing you before you think you were being sued? By mail by Portfolio stating they will open a case. 9. What state and county do you live in? California, Orange County. 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) Jan 2014. 11. What is the SOL on the debt? 4 years on credit cards. 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). Summons and Complaint, waiting to respond. 13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) I have not. 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. I have not. 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? 30 days from 08/18/16 (day served), They did not include a questionnaire. 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. No Affidavit. Included Exibit A which is a copy of a Statement from Capital One from Jan 2014 showing I made a payment and Exibit B which is another Statement from Capital One showing I did not make a payment for Feb 2014 and also an attached document that states "Your Account Has Charged Off, it is now being serviced by the Recoveries department, call 1-800-###-#### if you have questions about this notice." with no other information on that document. No Contract. Please help me and others by explaining to me step by step what I should do now that I have been served. Thank you all!
  17. 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 - Summons Complaint 8. What was your correspondence (if any) with the people suing you before you think you were being sued? I'm sure they sent letters in the mail 9. What state and county do you live in? San Diego 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) 11. When did you open the account (looking to establish what card agreement may be applicable)? 5/23/16 12. What is the SOL on the debt? To find out: 4 years Statute of Limitations on Debts 13. 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). Suit Served, Sent BOP and prepping general denial and fee waiver 14. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) No 15. Did you request debt validation before the suit was filed? Note: if you haven't sent a debt validation request before being sued, it likely won't help create FDCPA violations, but disputing after being sued could be useful to show the court that you dispute the debt ('account stated' vs. 'breach of contract'). No 16. How long do you have to respond to the suit? 30 days. We need to know what the "charges" are. Please post what they are claiming. Account Stated and Open Book Account. Did you receive an interrogatory (questionnaire) regarding the lawsuit? No Here is an example of what the summons/complaint may look like: Sued by a Debt Collector - Learn How to Fight Debt Lawsuits 17. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits.Sent two statements from the OC 18. How did you find out about this site? Ive been a Member 18. Read these two links: I have Using Arbitration To Defend A Debt Collection Lawsuit Sued by a Debt Collector - Learn How to Fight Debt Lawsuits ==================================================== Well I had another suit dropped on me by the bottom feeders. I sent out a demand for BOP and received back: Looking for some help on a meet and confer letter. 1. Objection. the complaint is based an account stated and defendants breach thereon in the principal amount of $16xx.xx. Defendant (me) BOP is inappropriate for the plaintiff (them) account stated cause of action because an account stated cause of action is deemed to itemize. Section 454 is not applicable to a contract or promissory note which has an account for its consideration. See Ahlbin v. Crescent commercial corp (site) ; Auzerais v. Naglee, 74 Cal 60. {15 P. 371} Notwithstanding Plaintiffs objection, and upon duplication, as Plaintiff will produce under a request for production of documents, and in the spirit of Discovery, Plaintiff produces the following: true and correct copies of the documents plaintiff is currently able to furnish are attached as Exhibit 1 and incorporated herein by reference. Plaintiff reserves the right to produce more documents as they become available or produce them at trial. The documents demonstrate a course of conduct wherein Defendant (me) failed to make payments on a credit card account issued by the plaintiff. I was sent: Affidavit of sale blanket certificate of conformity for notary a bill of sale a card agreement a pricing information addendum for the card agreement a variable terms addendum for the card agreement 12 statements from 1/16 - 12/16 and a proof a service.
  18. 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
  19. Greetings all! Here is my new case - yay me! I've been doing research on the difference between a verified and non-verified complaint and if I understand things correctly, in California I am allowed to answer using the General Denial because the Complaint is from the actual creditor and it is under $25k. Please let me know if I have misunderstood things or if anything I do needs to be different because it is a verified complaint. Also from what I could dig up online, there is an arbitration clause electing AAA - with wording about Barclay covering the fees. Besides sending out the BOP and filing the Answer/POS, what suggestions do you all have on moving forward with this case? Anyone out there who has dealt with this lawfirm before? My other case is a JDB so this seems a bit more scary! Thanks in advance all! Who is the named plaintiff in the suit? Barclays Bank Delaware What is the name of the law firm handling the suit? Nelson & Kennard - Sacramento How much are you being sued for? Under $10k Who is the original creditor? Barclays Bank Delaware How do you know you are being sued? Served How were you served? In person Was the service legal as required by your state? Yes What was your correspondence (if any) with the people suing you before you think you were being sued? None that I recall What state and county do you live in? Riverside, CA. When is the last time you paid on this account? According to the Complaint August 2018 What is the SOL on the debt? 4 years What is the status of your case? Complaint filed - service made but not recorded yet. I have not answered yet. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) No Did you request debt validation before the suit was filed? No How long do you have to respond to the suit? 30 days What evidence did they send with the summons? None. The only attachments were the Verification from the Attorney and generic court docs about the ADR process.
  20. Hello! I am a 27 year old female student living in San Francisco, CA and I was served with a summons from Midland's attorney 1 week ago. This is my first time being sued and I need desperate counsel as I have absolutely no idea how to proceed!! I am being sued for $1,500.00 for a credit card I opened in 2010. The original amount of the credit line was $1,000.00. My last payment was made in-store in April of 2011. I stopped paying my credit card because I left the country for 4 months, dropped everything to take care of a terminally ill relative. Upon arrival home, I sank into a deep depression which then led me to be negligent to any/all bills at the time, including my $1,000.00 credit line. I have not been successfully contacted by phone by collectors since 2012. I don't recall any of the conversations at that time, or if at the time Midland was handling my debt. My problem now is that, since receiving the summons, I have called Midland from my new phone number and attempted to negotiate a payoff amount after reading a forum on another website. My initial and logical sense at the time told me to avoid court at all costs. I honestly DID NOT THINK THAT MY CHANCES OF FIGHTING THIS CASE AND WINNING WAS A REALITY, WHICH IS WHY INSTEAD I TRIED TO NEGOTIATE A LUMP SUM AMOUNT. The lowest they were willing to negotiate for was $1,350.00. They also offered me a monthly payment plan with $675 needed down. I do not have the money to pay this, I am a struggling student in my Senior year & I only make $950 a month. I AM IN EXTREME FEAR OF THE COURT GRANTING THE CREDITOR TO GARNISHING MY WAGES! I WILL NOT BE ABLE TO SURVIVE! PLEASE HELP! I am aware that my conversations are being recorded, there has been a total of 3 conversations since last week, all in which I attempt to negotiate a payment amount and have replied with "YES" when asked, "This amount is for your ********** Credit Card, right?". In all my conversations I have seemed very intimidated by the summons/being sued, and I recognize that. Midland knows I am trying to evade going to court and I believe they are using that in their favor! My questions are as follows: 1) Have I already assumed responsibility to the debt since I called myself to negotiate a payoff amount? This was my initially reaction as I was SCARED OUT OF MY MIND AND THE FIRST LOGICAL SOLUTION I COULD THINK OF! 2) Will changing the story now by asking them to prove it be effective? Or will I waste my time off work at the court house for no reason? 3) If I am proven guilty and must pay the debt, will I still be able to make payments on the total amount? Or will they demand it in full? 4) Would anyone recommend that I continue to negotiate now INSTEAD OF CONTINUING WITH THE SUIT? 5) Is threatening with Bankruptcy recommended in the case that I proceed with negotiating? I only have a few more weeks to respond to the court house and I am extremely SCARED/TERRIFIED! I am so lost and this is ALL SO COMPLETELY NEW TO ME! Any insight/assistance will be greatly appreciated! BTW THEY ARE TOTAL ASSHOLES & DONT EVEN SPEAK ENGLISH CORRECTLY! Please help anyone! Signed, Struggling SF Student
  21. 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 of the complaint.) Jack H. Pogosian / Jonathan Kom Kristy Gabrielova / Nichol Alan De Guzman Hyo Jin Julia Jung / Meline Grigoryan Midland Funding LLC 10601-G Tierrasanta Blvd., #4540 San Diego, CA 92124 3. How much are you being sued for? About $2,800, plus the cost of the suit, and other relief as the Court may deem just and proper. 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) In Person 7. Was the service legal as required by your state? I think this is asking if I was served legally according to my state. I think so. 8. What was your correspondence (if any) with the people suing you before you think you were being sued? I haven't really had any correspondence with them, except for them sending me letters. 9. What state and county do you live in? California, San Bernardino 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) April 2017 11. When did you open the account (looking to establish what card agreement may be applicable)? April 2016 12. What is the SOL on the debt? To find out: 4 years 13. What is the status of your case? Suit served? Motions filed? I will try to find out, but I am assuming 14. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) No. 15. Did you request debt validation before the suit was filed? No. 16. How long do you have to respond to the suit? 30 Days, so 1/10/2019. I only have 3 days. HELP! 17. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. Exhibit A: Bill of Sale for the Account, Affidavit of Sale (pool of charge-off Accounts), Certificate of Conformity, Electronic data report (my name, account, address,contract date, last payment date, charge off date, balance) Exhibit B: What I assume to be their bill to me titled: Account Transfer Details from MCM (Midland Credit Management) Exhibit C : Notice of Legal Placement from MCM Exhibit E: Last Statement from original account from Synchrony Bank Exhibit D: Statement showing last payment from Synchrony Bank
  22. 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 court summons. The amount is a little less than $2K (OC: Citibank). The strange thing is, LVNV actually owns not one but two of my charged-off Citibank accounts, and the other one is a little less than $10K. I received a collection letter from LVNV on this larger debt back in June of 2018, but it wasn't from a law firm/department, and I have not heard back from them since then. Both debts have the last charged date of Feb. 2015, and the SOL runs out at the end of February 2019 (California). So why is Harris and Zide only sending me a dunning letter on just one of the debts (with smaller amount)? I would like to be proactive and develop a strategy to either make the JDB go away, or at least gain leverage for a smaller settlement. I'm thinking of sending them a Debt Validation letter where I include the wording that I want to opt for arbitration as per Citicard agreement (without admitting ownership of debt); my reasoning is that given the small amount of the debt (less than $2K), LVNV would conclude that the cost of arbitration would override the value of pursuing the debt all the way, which would give me greater leverage to settle on my own terms. I am concerned, however, about the other debt they own which, at close to $10K, might be worthwhile for them to stick through arbitration. Since Harris and Zide has not sent me any letter about this account, should I just stay mum and just focus on the smaller account? What are chances that it's some error or oversight that has caused them to overlook the other account? It's obviously way past the 30 days since I received a collections letter, but should I send a DV letter (again with the arbitration wording)? I'm hoping that given the cost prohibitive nature of arbitration, LVNV would choose instead to be more willing to work out a more amenable settlement arrangement with me. In the past couple of years, I have worked hard and settled all my other delinquent/charged-off CC debts (they were all with the OC in-house collections department). I have exhausted all my financial resources trying to clean up my credit and to take ownership of my debts. I don't have additional $12,000 to pay a JDB. I am exhausted, and I am so close to reaching the SOL (February 2018) that I really want to enrich this JDB as little as possible. Thank you for reading this long post. I would love to hear your thoughts and advice. What would you do if you were me? Any insights from our veteran California forum members?
  23. 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. Who is the original creditor? (if not the Plaintiff) Synchrony Bank 5. How do you know you are being sued? (You were served, right?) My Mom was served 6. How were you served? (Mail, In person, Notice on door) My mom was served while I was out 7. Was the service legal as required by your state? I'm not sure 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 9. What state and county do you live in? California, USA 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) According to the paperwork, around the end of 2015 11. When did you open the account (looking to establish what card agreement may be applicable)? I don't remember 12. What is the SOL on the debt? To find out: 4 years Statute of Limitations on Debts 13. 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). It says Open - Initial Filing, and at the end Improper/No Service 14. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) No 15. Did you request debt validation before the suit was filed? Note: if you haven't sent a debt validation request before being sued, it likely won't help create FDCPA violations, but disputing after being sued could be useful to show the court that you dispute the debt ('account stated' vs. 'breach of contract'). No, Don't know what this is 16. 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 have 30 days to respond, They are claiming two actions, the first cause of action is Account Stated saying that within the last four years, an account was stated in writing between myself and the plaintiff and on the account a balance of $****.** was stated to be due by plaintiff. Defendant expressly or impliedly agreed to pay that balance. They are claiming to have purchased the debt but have nothing to prove so. The Second Clause of Action is Open Book Account. Here is an example of what the summons/complaint may look like: Sued by a Debt Collector - Learn How to Fight Debt Lawsuits 17. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. They have two exhibits of evidence, Exhibit A is supposedly the most recent billing statement from Synchrony Bank prior to charge off, and Exhibit B is another billing statement from Synchrony Bank showing the balance that PRA is asking for.
  24. 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 much are you being sued for? $801 plus attorney's fees and court costs etc 4. Who is the original creditor? (if not the Plaintiff) GE Capital then 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) Given to my roommate then mailed to me. 7. Was the service legal as required by your state? Yes 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, CA 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) It's claiming on Oct 6, 2014, but I know I did not make that payment. 11. What is the SOL on the debt? To find out: 4 years 12. What is the status of your case? Suit served? Motions filed? Suit served I believe? I've already filed my general denial with the courts. 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? Note: if you haven't sent a debt validation request, don't bother doing this now - it's too late. 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? 30 days. But I've already filed my response. I wish I would have found this blog before responding. I'm not sure what the 'charges' are. And no I did not receive an interrogatory. 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. -Affidavit of sale -Certificate of Conformity For Notary -A BOGUS looking Bill Of Sale -A BOGUS transaction summary of a supposed payment I made to synchrony. Now there are a few things that I don't understand. First, how on earth did they get $836 as the charged off amount when my credit report states the charge off amount, as reported by Synchrony Bank, was $334? And what are the 'adjustments and/or credits applied' (Highlighted in the file I have attached) that then brings it to $801? Second, I know for a fact that I did not make a payment for this credit card in October of 2014. The supposed last payment I made. Not only do I have no record but I know I didn't because at that time I was about to be evicted and I know 100% the last thing I would worry about paying was a couch payment. I didn't even have the money to pay my electricity bill that month, why on earth would I pay $120 for a couch payment?? Is there any way to demand more about that alleged payment? The bank account I was using during that time I don't have anymore so I no longer have access to those statements as they were online. Additionally, after reading a few threads on here, can the plaintiff say that "Plaintiff's damages and injuries were proximately caused by the acts or omissions of these defendants."? (Highlighted in the file I have attached) I believe I read something about rebutting this because they bought the debt so they brought the damages upon themselves or something like that? Lastly, they state in their summons "No part of said sum has been paid, although demand therefor has been made, and there is now due, owing and unpaid from said defendant, and each of them, to plaintiff, said amount". And even claims I "refused" (Highlighted in red in the file I attached) to pay??!? I Never had any contact from cavalry by phone or mail before being sued, I haven't lived at the address they state I live at since 2011. How can demand be made when I never received a demand from them? As I said, I wish I found this forum before I filed my reply. I'm not sure what to expect, I've never been sued before, let alone by a debt collector. What should I expect next? Will I get something back from cavalry? I sent it first class USPS on the 21st of last month (September) and haven't received anything yet. Thank you so much in advance for the help! Summons_CAVALRY_1.pdf
  25. 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 nasty...so 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 should, any thoughts?. This case has been going on since July of last year and I know that I do have the fall back of requesting trial if I don't like the arbitrator's response so I am not too concerned or should I be? Does anyone have a sample Defendant's arbitration brief to share?...A copy of Plaintiff's brief is attached... I am also preparing my motion to strike, motion in limine and request for summary judgment for failure to state a claim once arb is done I didn't know to do this a year ago. They also sent junk and no precise chain of title/assignment...same game just a different player. Please let me know if you have any issues thoughts or concerns. "My meet and confer letter is attached here is there response: Dear Ms. XXXX: The meet and confer code section you reference does not apply to the issues you have presented. That code section addresses issues with discovery responses. My office last provided discovery responses to you in February. The deadline bring a motion with regard to any issues you had with those responses has long passed. The court has referred this matter to arbitration and expects the arbitration completed within a reasonable time. Plaintiff intends to go forward with the arbitration as ordered by the court. Plaintiff believes its form complaint sufficiently pleads a cause of action. If you do not agree, then it is up to you to determine what steps you should be taking. Plaintiff believes it has submitted sufficient evidence in its declaration to support entry of judgment. If you do not agree, then again, it is up to you to determine how to address that. Plaintiff’s declaration is being used pursuant to the California Rules of Court for use of declarations at an Arbitration. The Code of Civil Procedure rules regarding use of a declaration at trial do not apply to an arbitration. Plaintiff disagrees with your position and contentions and will vigorously any and all of the baseless motions you claim you will file. Sincerely. Flint Zide lvnv.doc lvnv brief.pdf By the way I did seek to find legal counsel (defense counsel and consumer attorneys in my area) but none would take my case because the amount they are suing me for is so low (they said they would not feel right billing me $250.00 per hour for a $1700.00 claim) SMH...OC Credit One and JDB LVNV Funding... declaration in lieu of testimony.pdf