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Found 134 results

  1. 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!
  2. 1. Who is the named plaintiff in the suit? LVNV FUNDING LLC 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint. 3. How much are you being sued for? $3,000 4. Who is the original creditor? (if not the Plaintiff) WebBank 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? Orange County, California 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) The account was closed in 2015. 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? 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). Case management conference scheduled for the 20th of this month. 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? I already filed an answer in January, a general denial Complaint Stated: 1) Open book account for money due 2) Because an account was stated in writing by and between plaintiff and defendant in which it was agreed that defendant was indebted to plaintiff 3) for money lent by plaintiff to defendant at defendant's request 4) for money paid, laid out, and expended to or for defendant at defendant's special instance and request 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. Last statement, account summary report including: -original creditor, account acquired from Santander (they also included a incorrect address which is why I never received a collections notice), ownership history (WebBank, Santander, Sherman Originator, LVNV Funding) I barely discovered this site 2 weeks ago, I didn't know that there was such a site that existed. I'm just a bit scared and confused, I'm a college student and this is my first time being sued...all this information is scary, confusing, and completely over my head. I sent BOP two weeks ago and received it 3/9. In the BOP it states: "Plaintiff objects to defendant's attempt to use a BOP demand to request outside the scope and requirements of a BOP demand thereby placing an undue burden on plaintiff. Plaintiff hereby complies with defendant's demand for BOP by attaching printouts of such available documents as may be located after a reasonable and diligent search. However, in accordance with Regulation Z, truth in lending, plaintiff's predecessor is required to keep documents on open-ended accounts for a period of 24 months. After that, the documents may be destroyed. A creditor shall retain evidence of compliance with this regulation for ...2 years after the date disclosures are required to be made or action is required to be taken. Plaintiff reserves the right to supplement this response at such time as any missing transactions are located" In the documents they sent, they sent over the statements, bill of sale (with all signatures) & transfer + a bunch of redacted info. In the BOP I sent I requested "the items and details of the account on which the cause of action for goods sold and delivered of plaintiff's complaint is based, including the date of each item or transaction; a description of the services, materials or goods supplied or other considerations rendered; and the price or charge made for each such item or transaction." using the template. I don't know what to do, I'm scared and waited until the last minute because I'm intimidated from this whole process. Am I supposed to file anything before the case management conference on the 20th? It is currently the 10th. At this point, what are my options? Thank you all for reading this novel.
  3. Can someone please answer this question? If the proof of service documents say that I was personally served but wasn’t served at all, grounds to have a judgment vacated even though I still resided at the address? Proof that I wasn’t personally served is in the documents they filed. Forged signatures. I was sued by PRA and Asset Acceptance/Midland Funding several years ago. Default judgments awarded to both of them because I didn’t appear in court. I wasn’t personally served like the proof states. Both PRA and Asset Acceptance filed proof of service, using the same process server. The signatures on the filed documents are obviously different. One even has a date a month after the day the server claimed I was served. The signatures, spacing, font, and dates are clearly suspicious are my proof that I was never personally served. I had lost my son, was laid off due to the recession that caused many Americans hardship, was losing my house, and had exhausted all my unemployment benefits. I didn’t care to be alive then. I suffered major hardships that turned my world upside down. I was judgment proof. Judgments were entered in 2012. I understand timing is an issue but I still want to try to have them vacated. It wouldn’t be hard to prove that the documents are forged,false affidavits were submitted, no valid documentation showing proof of a contract, and other violations. I finally started to pull myself together and started working again May, 2014 and since then my wages have been garnished by PRA. Asset is patiently waiting and getting bigger every day. Can someone give me hope? I can and will upload the documents if I need to.
  4. 1. Who is the named plaintiff in the suit? Capital One 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Nelson and Kennard 3. How much are you being sued for? $2,5XX 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?) Papers left at my front door. 6. How were you served? (Mail, In person, Notice on door) Notice on Door 7. Was the service legal as required by your state? Maybe 8. What was your correspondence (if any) with the people suing you before you think you were being sued? None that I recall recently. 9. What state and county do you live in? California 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) 2013 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? Pending 13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) Yes 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. The attorney just completed forms where they checked off boxes and xeroxed signatures. 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. Nothing at all. So it looks like I am being sued by a very aggressive OC and a very aggressive law firm. I was a good credit card customer for 11 years and when I hit a rough patch they refused to work with me and actually lied to me and screwed me over. My last payment is within the statute of limitations but I opened the account in 2002. I have a copy of the credit card agreement for that year and it does have an arbitration clause with survivability. Is my best bet to try to force this to arbitration? Will that make it more expensive for them than it is worth?
  5. 1. Named Plaintiff: Portfolio Recovery 2. Law firm handling suit: N/A. 4 individual lawyers and bar numbers are listed, with no firm name. I'm not positive that they are not simply employees of Portfolio? Names are Emily Pierce, Jordan Cook, Lori Williams, and Kristen Brinkerhoff. 3. What is the amount of the suit: More than $1,000, but less than $1,500. 4. Who was the original creditor: Capital One. 5. How do you know you're being sued: ... I was served with papers on Sunday, 30 April 2017. 6. How were you served: In person. 7. Was the service legal as required by the state: I believe so. 8. What pre-existing correspondence did you have with plaintiff: I'm not aware of any. 9. What state and county do you live in: California. County is a relatively small one, rural-ish, so I'm not sure I should name it. It might make things too identifiable for PRA. 10. When was the last payment made on the account: according to plaintiff's complaint, the most recent payment on the account in question was <3 years ago. 11. SOL on the debt is 4 years. 12. I'm not entirely certain what the status of the case genuinely is at this time. My county does not appear to have case info online other than the immediate court calendar. I was served yesterday, and I was too busy today with work, chemo, and radiation to be able to go to the courthouse. (Yes, this is exactly one extra set of stress that I did not need right now.) 13. I have not disputed the debt with any credit bureaus, the original creditor, or the collection agency. I was rather surprised when I got served yesterday. 14. I did not request debt validation--again, this was all quite a surprise to me yesterday. 15(a). I have 30 days to respond to the suit. 15(b). Claims will be described below. 15(c). No interrogatory was received. 16. There were two exhibits attached to the summons and complaint. Each exhibit purported to be a credit card statement from Capital One. Neither included a complete account number, only the last four digits. Exhibit A purported to show the final payment received by the original creditor, as well as a few small purchases. Exhibit B purported to be a statement from a year later. It purports to show a past due balance and a minimum payment, and has a payment coupon attached, but there is nothing that identifies it obviously as a final settlement. There is an additional page to the purported statement in Exhibit B which notes that the account has been charged off and gives a phone number to call for more information, but there is no account number or other information on this sheet which would tend to indicate that it is associated with any particular account or statement. Verbage of the complaint is as follows: It seems as though, since this is exclusively an Account Stated issue, there's no point in doing a BOP. That said, it looks like it still could be a useful attack. I've never seen either one of the exhibits they've attached to the complaint, and so far as I know, nobody makes a habit of sending their credit card statements by CMRRR, so it seems that there's really no way for PRA to prove that I ever assented, implicitly or explicitly, as to the accuracy of the original creditor's account as stated. Therefore, BOP might still prove useful? It seems additionally useful in forcing PRA to prove that I provided assent, implicitly or explicitly, to the accuracy of their account as stated. I have absolutely no recollection of ever seeing any account statement from PRA, and I certainly can't assent to the accuracy of something I've never seen. What are y'all's thoughts on this? Since this isn't a verified complaint, there's no reason to admit to anything, even my own name, right? Just use the general denial and head for discovery? Also, one potential wrinkle: I did have an account with Capital One that was active from 2010 until 2016 when it was paid off, but... it was a car loan. Would documentation from that be subject to discovery by PRA in the present litigation? Anything else I need to be thinking about right now? (Aside from the obvious of getting the CCP96 and CCP98 stuff that I can tear up with the data from previous cases discussed here, and aside from the equally obvious not being late with my answer and also the whole deal about maybe trying not to die.)
  6. Hello everyone, This is my second time around. And I need your help. You see, I'm being sued for two credit card debts. One for Citi and another for Tj Maxx. I called the law firm that is taking on both cases. But as I'm reading the reviews they will go after me even if I negotiated with them. They'll still have the courts continue with a judgment. So I'm here begging to please help me write a response. Any advice would be well appreciated. I also have the copies of the contract the law firm sent. Should I attach it to my response as prove? If you have any questions please let me know. I plan on stating the details on the contract both of us discussed and the date and time, phone # I called and who I spoke to. I also certified the letters in which the contracts were sent back to the firm. Thank you in advance.
  7. Is there a difference between selling a debt to a JDB and the debt being assigned to a JDB, in California? Cavalry is the assignee of Citibank, should I approach this any differently than I would a JDB suing me? Is an assignment still considered the OC, meaning they'll have (possibly) all of the necessary evidence?
  8. Hello everyone. I've been sued by a JDB in California. I've been lurking. Thank you for your incredibly helpful advice so far. Here are my details. Who is the named plaintiff in the suit? CACH What is the name of the law firm handling the suit? Neuheisel How much are you being sued for? 15K Who is the original creditor? First Bankcard, NE 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? Not sure What state and county do you live in? San Luis Obispo, CA. When is the last time you paid on this account? October 2015. What is the SOL on the debt? 4 years What is the status of your case? Filed response, served BOP, got deficient response, sent M&C, CMC mid-Oct, received their and sent my RFPD, rogs, admissions, trial set for mid-Feb. 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? Responded timely What evidence did they send with the summons? Illegible Cardmember Agreement, 2 account statements, unsigned letter from OC on plain paper stating debt had been sold to JDB; affidavit from OC, bill of sale, redacted account list. Claims are breach, account stated, and money lent. JDB BOP response: 9 additional statements and second affidavit. Reserved right to amend BOP response. Objected insofar as claim is account stated. I sent M&C. Got a fee waiver. I’m on MediCal and food stamps. Pretty sure I’m judgment proof, so don’t know why they’re bothering… Any and all advice welcome. Thanks!!!
  9. Hello Everyone, How does the Statue of Limitations work in the State of California? I am being sued by Calvary LLC. They sent me 12 billing statements in my Request for Production of Documents with the last payment showing on 03/31/2013. I understand that the SOL in California is 4 years but was wondering about any details that would be helpful. Any help would be appreciated. Thanks
  10. Hi All, I just stumbled on a site, blowsparks, that claims to help people defend these collections cases on their own. It looks like they took a lot of advice from this page and the Sacramento Law Library and turned it into cartoons for people to watch. Does anyone have any experience with them? Thoughts? -Chuck
  11. Enjoy: http://caselaw.findlaw.com/ca-superior-court/1632471.html Big shout out for Fred Schwinn, a tireless, excellent, debt collection defense attorney.
  12. Hi everyone; I'm a newbie here and feeling way in over my head, needing some advice and wisdom from all your experience. I reside in California. I got a notice of intention dated 7/18/2017 to sue (and incur court costs) from Mandarich Law Group on behalf of Cavalry SPV for a $8900 Citibank CC balance. Last payment made 12/2013 (4 yr Cali statute of limitations not up yet). I have not yet been served any court papers. Like most people who find themselves in this predicament, I'm going thru a tough time financially and cannot pay this loan off, so it went delinquent. Now I'm in a state of near panic wondering the best strategy is short of declaring bankruptcy. I have NOT contacted Mandarich to negotiate a settlement. I'm not well versed in the arts of negotiations, and even less in the law, So, I have been speaking to a few law firms to get some options offered to me, none of which feel all kosher! Without naming names; One suggests telling Mandarich the intention to file bankrupcy, but keep putting it off until the SOL clock runs out. (for a fee of $500) One will charge $595 to negotiate a debt settlement and also get a 5% bonus for moneys saved in the process. and so on... questions: can I use the remaining 5 months left on the statute of limitations to my advantage (running out the shot clock, as it were)? Should I refrain from calling Mandarich directly and offer say 10% ( i know that is unlikely)? what are the risks of dealing with these sharks? Is it a good idea to retain legal council, and more importantly ; how do i find an honest one?? I'm trying to get this dark cloud from over my head and get this off my back. ANY advice would be appreciated!! Thanks.
  13. Hello, Midland sued me in California back in July 2015. I fought the case, and they dismissed the case without prejudice before submitting their documents that I requested. The alleged account was a Sears credit card on which the last payment (according to the statements provided in the law suit) was paid in June 2013. The two statements that Midland sent with the Summons and Complaint was a July 2013 statement from Sears (which would have been the first missed payment on the account) and a March 2014 statement from Sears. My credit report shows that Midland opened the account in June 2014. I know that California has a four year SOL for credit card debt. When did the clock start ticking for this account? Was it June 2013 when the account was last paid? July 2013 when the first payment was missed? March 2014 when Sears last tried to request payment? Or, June 2014 when Midland opened the account? I really want to tell Midland to go kick rocks and stop sending me notices, but I am afraid they will try to sue again. Litigation is expensive.
  14. Hello, I am looking for some assistance on a letter I received today from Suttell, Hammer & White, APC. Please see the attachment. Basically I've received letters from debt collectors in the past and they always had account numbers and dollar amounts on them. This is the first time I've received a letter that didn't reference anything except a number which I don't recognize. There is no BOFA account number or dollar amount owed. The letter was dated 07/20/17 and it states I have 5 days to respond and the 5th day is tomorrow the 25th even though I just received this letter today. As far as I am aware there currently is no case against me. I tried poking around on occourts.org and didn't find anything under my name. I have not been served with any kind of papers/summons. I need some advice on what I should do at this point. Sending in some kind of letter would be delayed and wouldn't make it in time. I do have a fax # on the letter I received which I could fax a letter to but I don't know what exactly I should be doing/saying. I've read stories about how you call these people up and they just claim they can't offer you legal assistance and even though you might be willing to work with them for payment they would still move forward with the judgement anyway. What should I do? What's the best possible option for me here? Any help would be greatly appreciated. Notice of Intent to Incur COurt Costs by Filing Suit.pdf
  15. Hello, I recently posted in another forum, but this seemed like the more appropriate place. I am being sued by Portfolio Recovery Associates. I was served a few weeks ago and am closing in on the time I have left to file an Answer. I think the scope of the suit has me in a state of confusion and I feel as if there is nothing I can do to change the outcome of the suit. I was recently contacted by a group that wanted to arbitrate on my behalf, but I didn't feel good about what they had to offer and insisted that I pay a small fee in cash. Any advice would be greatly appreciated. I hope I am not breaking any rules by submitting another post, asking for help. 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.) Portfolio Recovery Associates Attorneys located in SD 3. How much are you being sued for? 2,300 4. Who is the original creditor? (if not the Plaintiff) Synchrony Bank / Amazon.com 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, California 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) The account was closed sometime in 2015. 11. What is the SOL on the debt? To find out: 4 Years in CA Statute of Limitations on Debts 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). Status is Pending. I was just served and am approaching the deadline. 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? Less than 2 weeks. The Plaintiff is a claiming that I owe them the balance of a debt that Synchrony / Amazon sold to them. The Plaintiff has included to pieces of “evidence” with the complaint (2 statements from Synchrony / Amazon) If needed I can include a copy of the complaint with any personal information removed. 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. Two Statements from Synchrony / Amazon
  16. I say this is a Zombie Case cause it had no activity or signs of life for almost 3 years. 1. Who is the named plaintiff in the suit? I am 2. What is the name of the law firm handling the suit? Hunt & Henriques 3. How much are you being sued for? ~2300 4. Who is the original creditor? (if not the Plaintiff) Chase (Actually Washington Mutual) 5. How do you know you are being sued? (You were served, right?) Served in 09/2013 6. How were you served? (Mail, In person, Notice on door) Personal Service 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? Dont remember, little to none 9. What state and county do you live in? Fresno, Ca 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) As per JDB 7-11 (was within SOL at original time of filing) 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? 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). Status Open no pending dates However case was in a state of inactivity for almost 3 years. The last activity was in 09/16 when a affidavit in lieu of testimony was filed. I just found out about this today because I was called by place where I used to live that I received some important documents in the mail. So I checked the court website and seen their CCP 98 13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) Yes in 2013 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? See question 12 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. Other than the original filing which was unvalidated and the current CCP 98 nothing much has been filed or happened. I did of course file a general denial and response back in 2013 in a timely manner. I did wish not to stir the pot since it seemed I might be able to wait the 3 years to have the case dismissed due to lack of prosecution but it seems they did The CCP 98 just in time. Im a bit at a loss because the case does not have any pending court dates. No pre-trial hearings or CMCs scheduled. I also have not received anything else. My questions: 1: the address on the CCP 98 is in excess of 150 miles, should I do nothing with that and simply file a MIL when the trial is scheduled? 2: Do I need to file a change of address with the court? 3: if they had asked for interrogatories and admissions would those have had to be filed? 4: I have some experience in criminal and civil law due to working as a court interpreter, but I want to act as much as novice as possible in order to not show my hand. Is this the course you would recommend. Besides a CCP 96 before trial, a brief and MIL with Supporting Argumets is there anything else I should have on my radar? Thank you you all in advance for your time & consideration.
  17. 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?
  18. I would like someone who is from California to help advise, please. Understanding that the new law, the Fair Debt Buying Practices Act (California Code Section 1788.50 - 1788.64), puts stricter validation responsibilities on JDBs, and I need to draft a BoP, should I mention this new law in my BoP? Or just KISS (keep it simple, stupid)? The FDBPA, by the way, is mentioned in the Complaint. Also, I've read at Nolo the following: Do I therefore specifically request in the BoP the cardmember agreement? Also, based on my case below, do I need to check #2 on the General Denial (the Complaint has not been verified, only venue and certificate of assignment of the complaint have "I declare under penalty of perjury..." and signed by the attorney)? Any and all advice how to proceed is very welcome. 1. Who is the named plaintiff in the suit? LVNV Funding, LLC 2. What is the name of the law firm handling the suit? Hunt & Henriques 3. How much are you being sued for? $1387.39 4. Who is the original creditor? Credit One Bank 5. How do you know you are being sued? Summons & Complaint in Civil Court ~ Not verified. 6. How were you served? 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? California, San Bernardino 10. When is the last time you paid on this account? No grounds for SOL (4 yrs in CA) 11. What is the SOL on the debt? California SOL: 4 Years 12. What is the status of your case? Just Served (Christmas Eve 2015) 13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) No 14. Did you request debt validation before the suit was filed? No 15. How long do you have to respond to the suit? 30 days ~ Complaint for (1) Account Stated, (2) Open Book Account. Did you receive an interrogatory (questionnaire) regarding the lawsuit? No 16. What evidence did they send with the summons? Exhibit A: credit card statement (07/2014) ; Exhibit B: credit card statement (02/2015) That's it.
  19. Working on getting my costs back from my 2013 suit with Midland. It's been awhile, but I just got past my last SOL on my other accounts and decided to tie up this loose end. There are a few threads with people successfully getting their costs back, but not finding what I need so far. Quick recap: sued in 2013, followed CIC playbook, plaintiff dismissed the morning of trial. I filed the Memorandum of Costs within the proper time frame, plaintiff never filed a Motion to Tax. Per CA Rules of Court 3.1700, the clerk should have then have entered the costs on the judgment, of course that didn't happen A month ago I submitted a JUD-100 to get the ball rolling, it was rejected. I probably missed a few check boxes, but I didn't get an explanation anyway. For anyone reading this who hasn't discovered this yet, clerks are not dependable when it comes to knowing the code or knowing what to do in your particular case; I went back and, after 5 minutes of getting nowhere, I had to show the clerk a printout of CCP 1032 for her to understand why, even after a dismissal, I'm a prevailing party who can claim costs. My JUD-100: 02-21-2015-4.pdf The supervisor had to come out and help me and I resubmitted the JUD-100 along with a note. It was rejected again, but least I got a little more feedback (barely): "THE COURT DID NOT AWARD COSTS. PLEASE SEEK LEGAL ADVICE" - like before, it was rejected by the clerk of that department. The rejection: 02-21-2015-1.pdf I did hear one of the clerks downstairs mention me submitting a "Judgment of Dismissal" - there's no form for that, but I did find an example typed out on pleading paper. Wondering if that should be my next attempt? So far I've been rejected by the dept's clerk - since this would be written for the judge, maybe it will skip the person who, so far, has blocked my attempts and go straight to my judge? Thoughts? Judgment of Dismissal example: Judgment_of_Dismissal_Ameripec_.pdf
  20. This isn't my first rodeo. I have a thread here for my own case (which I won) and am now at the point of filing for Proposed Judgment of Dismissal to get my costs back. Thanks to Calawyer and RyanEx for your help with the drafts! Now to the point why I'm posting. Midlund Funding is suing Hubby for a debt that's smaller than what I had been sued for by about $200 and change. He has sent a BoP, a MTC when they responded with almost nothing, and filed a GenDen, gotten a Trial Setting Conference date, and he's in the middle of Discovery. They've responded to his First Set RFP with more paperwork than they had to the BoP and MTC. This time they've included copies of letters he sent to get VALIDATION (not verification) of the alleged debt, and when they failed to respond, he wrote them another letter with the same request, and they, again, failed to respond. This happened at the beginning of this year, according to the dates. Now the kicker: they've included a copy that they've notified him that they bought the account (7/1/2016 - never received), a copy that Hunt & Henriques that they're handling the Midland account (10/29/2015 - never received) and a copy of their "Intent to Sue" dated 12/22/2015 (received). We did NOT receive the first two letters (and it's questionable they even sent these) but Hubby did receive their letter (along with family Christmas cards) for their intent to sue. Hubby sent a DV on 01/07/2016, which they didn't respond to. When no response came, he got nervous and sent another DV on 03/21/2016, which they also ignored (my guess is, they were planning to sue all along). My question: HAVING THESE COPIES, HOW DOES HE RESPOND TO THEIR DISCOVERY, SPECIFICALLY THE NO. 14 and NO. 15 of the ROGS? No. 14: Have you ever corresponded with Midland Funding LLC in writing regarding THE CREDIT ACCOUNT? Should he here mention the DV letters he's sent since they have copies? No: 15: State all facts upon which you base your denial of the complaint in this action. Should he just respond with "Based upon the foregoing objection, defendant responds as follows: DENIED." I will appreciate any and all help. He must mail back the responses to plaintiff's ROGS, RFAs, and RFPs by Friday, November 4 which marks the 35 days after they sent their Discovery, but I don't want him to be late. PLEASE HELP ASAP.
  21. Hello, I'm new here. I'm being sued or summoned by PRA in California and I need your help please. I've been having problem after problem with my car, work, and with this lawsuit. Its made my life heavy and miserable. Any help would be greatly appreciated to take this weight off my shoulders. I was planning on ignoring it to be honest cause i dont have the money to hire an attorney. I've answered the questions necessary thats been requested by the admin/moderators. Thanks again ahead of time. *Note: I've left out specific info. If anyone needs more specific info I can message or email you. -Nehv 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.) Portfolio Recovery Associates, LLC 3. How much are you being sued for? Less than $5,000 for principal balance, costs of suit and "any such 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?) Not yet. Served with papers left at home while i was out and also got two letters from attorney services. 6. How were you served? (Mail, In person, Notice on door) Papers were dropped off on the floor. 7. Was the service legal as required by your state? I don't know. I'm not sure to be honest. Since the papers were just on the floor. 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? No contact what so ever with PRA before or after summons. 9. What state and county do you live in? Los Angeles, California 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) I believe in mid 2015. Never made a payment with the collection account with PRA. 11. What is the SOL on the debt? To find out: Statute of Limitations on Debts Well in California it says the most is 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). As if today: Unknown disposition. 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? Here is an example of what the summons/complaint may look like: Sued by a Debt Collector - Learn How to Fight Debt Lawsuits I haven't been served yet. Where can I find the charges? I read all the paperwork. Can someone guide me? It says I "expressly or impliedly agreed to pay ... Balance" 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. They attached two billing statements of the original account with Synchrony Bank.
  22. Hello everyone, About a year ago we got great help here with a lawsuit and it looks like we're in the thick of it again with another creditor. My relative hasn't been served yet, but one of those settlement services sent us a notice with the case number and sure enough there's another lawsuit in the system. This is a bit different than last time though. I can only see half the pages on the online system, but it looks like my relative is being sued by Wells Fargo for 16k under her maiden name (which she hasn't used for 30+ years, so not sure what's up with that). Here's the rub though, there's no way she owes 16k. I remember getting the debt collection notices a couple years ago and they were for 2-3k. I checked her credit report and sure enough, Wells Fargo is on there with a reported balance of ~2k, and a charge off amount of 3k. Her credit limit was only 7k. The default was reported back in 2014 so it's still under the SOL, but there's no way 2k, or even 3k, turned into 16k in 3 years. Has anyone seen anything like this before?
  23. I had a written agreement with Hunt & Henriques lawyer last September to dismiss my case. They agreed to dismiss with prejudice. Now, they have finally filed for the dismissal and requested it "without prejudice". How can I respond to this? Is there form to fill out? Do I send a letter to the attorney? The statute of limitations is up in April, but it's also the principal of the matter. We had an agreement and I want them to adhere to it.
  24. I was served yesterday and I am looking for guidance on the appropriate steps to take. 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.) Emily Pierce (240084) Jordan D Cook (179720) Lori N Williams (242985) Kristen L Brinkerhoff (263579) 3. How much are you being sued for? $6,059.55 4. Who is the original creditor? (if not the Plaintiff) Bank Of America 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) 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? I spoke with them once on the phone. I denied any knowledge of the mention debt and asked for validation. I was told my case had been reviewed by a lawyer and promptly hung up on. 9. What state and county do you live in? San Bernardino 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) December 31, 2013 according to lawsuit 11. What is the SOL on the debt? To find out: 4 years in California 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). Active, service required 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. I requested over the phone not written. I never received validation 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 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. Jan 2015 statment & August 2015 statement
  25. 12 days before trial, Midland/H&H filed for an EX PARTE hearing for further discovery?? Are they looking for a continuance (stalling) before trial because they need more time for something (like making me settle)? They've had more than enough time to send me a M&C or file a MTC - which never happened - so why the need for more time on RFDOD? They had literally months! How do I respond to this?