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Found 134 results

  1. I am being sued by Portfolio Recovery Associates, LLC with Hunt & Henriques representing them. I am in San Bernardino County, California. They claim that I owe them ~$6,000, but I do not recognize them as the owners of the debt owed. I replied to their summons with a general denial (PLD-050), as their “proof” was not validated, and mailed it along with POS-030 (unsigned). I filed a copy of the PLD-050 and POS-030 with the court, and got a stamped copy for myself. Four days ago I received something new in the mail: a Plaintiff's Specially Prepared Interrogatories, a Requests for Admission, and a Demand for Production of Documents. They say that these documents must be responded to within 35 days. Out of the three, I am primarily concerned about the Prepared Interrogatories, as I am unsure how I am supposed to respond to them when I don't even acknowledge that they are the debt owners. Below I will list the questions verbatim, minus any personal information. Prepared Interrogatories Interrogatory Number 1: Did you every submit a request for a credit account to CITIBANK, N.A. Interrogatory Number 2: Did CITIBANK, N.A. Issue a credit account number [Number Omitted]in your name? Interrogatory Number 3: State the approximate date you opened THE CREDIT ACCOUNT (for the purpose of these interrogatories, THE CREDIT ACCOUTN shall mean credit account issued to you by CITIBANK, N.A. Account number [Number Omitted]. Interrogatory Number 4: IDENTIFY (for the purpose of these interrogatories, IDENTIFY shall mean to sate the name, address, and telephone number) each and every person than yourself who has ever had possession of any credit card for THE CREDIT ACCOUNT. Interrogatory Number 5: IDENTIFY each and every person who you every authorized to use THE CREDIT ACCOUNT. Interrogatory Number 6: Did you use THE CREDIT ACCOUNT. Interrogatory Number 7: Is [Number Omitted], the amount set forth in the complaint in this case as the sum owed as of [Date Omitted], your balance due as of that date on THE CREDIT ACCOUNT? Interrogatory Number 8: If you do not agree that [Number Omitted], the amount set forth in the complaint in this case as the sum owed, is your balance due as of [Date Omitted] on THE CREDIT ACCOUNT, state all facts upon which you base your denial that the sum of [Number Omitted] is your balance due as of [Date Omitted] on THE CREDIT ACCOUNT. Interrogatory Number 9: Did you ever report to CITIBANK, N.A. (for the purposes of these interrogatories, CITIBANK, N.A. Shall mean and refer to Portfolio Recovery Associates, LLC, and/or its predecessor, CITIBANK, N.A., and/or any collection agent or agency purporting to represent Portfolio Recovery Associates, LLC or CITIBANK, N.A., as to this account) that the credit card for THE CREDIT ACCOUNT was lost or stolen? Interrogatory Number 10: Did you every report in writing to CITIBANK, N.A. Or Portfolio Recovery Associates, LLC that there was any problem with THE CREDIT ACCOUNT, which problem remains unsolved? Interrogatory Number 11: Did you receive periodic statements from CITIBANK, N.A. Regarding THE CREDIT ACCOUNT? Interrogatory Number 12: State the approximate date of your last payment to CITIBANK, N.A. on THE CREDIT ACCOUNT. Interrogatory Number 13: Have you ever corresponded with CITIBANK, N.A. In writing regarding THE CREDIT ACCOUNT? Interrogatory Number 14: Have you ever corresponded with Portfolio Recovery Associates, LLC in writing regarding THE CREDIT ACCOUNT. Interrogatory Number 15: State all facts upon which you base your denial of the complain in this action. Interrogatory Number 16: State all facts upon which you base each affirmative defense to complain in this action. [Please note that I did not use any affirmative defense when filing my general denial.] Now, as for the Requests for Admission (DISC-020), it is basically all of the above questions rewritten to be statements that imply my guilt in each one, with a area at the bottom for me to sign agreeing to their claims. I have no intention on signing this, but do I still need to reply to it? And finally, the Demand for Production of Documents. They're asking for any and all paperwork I have associated with CITIBANK, N.A., Portfolio Recovery Associates, etc, but I no longer have any in my possession. Is there a particular form I need to fill out to respond to this? If so, which? Thank you all for your help, it's much appreciated.
  2. Thanks to everyone for donating your time in this forum. It's helped me start the process of defending myself, but I'm completely lost now. The search function of the forum gives me zero search results, so I'm sorry if I'm asking questions already posted. I appreciate all of you! So far, I've submitted my general denial and mailed it out with the BOP with the POS. The CMC is now scheduled as well. What are my next steps? What am I expected to provide at the CMC? Thanks in advance for your replies. This is very stressful and I feel extremely overwhelmed to the point of wanting to file for bankruptcy. I've lost my job and finding work is tough right now. 1. Who is the named plaintiff in the suit? Capital One Bank (USA) 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) The Moore Law Group 4. Who is the original creditor? Same as plaintiff 5. How do you know you are being sued? 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. I moved around a lot, so mail was an issue. 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) Jan 2014 - approx. 11. What is the SOL on the debt? Unsure 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 filed. I've submitted my general denial and mailed it out with the BOP with the POS. The CMC is scheduled. 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; 1. Account Stated 2. Open book No other questionnaires, statements, agreements, or documents provided. 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. Only one exhibit stating that I am not registered in the armed services.
  3. 1. Who is the named plaintiff in the suit? GCFS, INC 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Legal Dept. of GCFS, INC 3. How much are you being sued for? About 4K 4. Who is the original creditor? (if not the Plaintiff) Wells Fargo 5. How do you know you are being sued? (You were served, right?) I was served in January 6. How were you served? (Mail, In person, Notice on door) In person at work 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? Humboldt 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) 6/27/2012 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). Trail set for 11/18/16. Recently received their response to my CCP 96 request 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? Answered with a General Denial. They are claiming Breach of Contract and Account Stated 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. Sworn affidavit, 2 statements (5/26/12-6/25/12 & 12/27/11-1/26/12), Bill of Sale between Wells Fargo and Absolute Resolution (9/19/12), Bill of Sale between Absolute Resolution and GCFS, Inc. (9/24/12), generic credit card agreement, redacted list of accounts transferred I recently received the JDB response to my CCP 96 request. The listed witness is the same person that signed the CCP 98 sworn affidavit. However, they still list the CCP 98 as part of their evidence they are planning on using. Should I still try to subpoena the affidavit? I attempted yesterday, after I received their trial brief, and she was of course not at the said address. Could they end up not calling the witness and using the affidavit instead? Thanks in advance for any help
  4. My trial date was today. I served a subpoena on the declarant in the Plaintiff's CCP 98 which was delivered Friday. The lawyer for the JDB claimed he had no notice of the subpoena and therefore not enough time to get the witness to appear. They asked for a continuance. I objected saying that the declarant should have been at the stated address for the 20 days preceding trial. The fact that they were not there to receive personal service doesn't affect the fact that the subpoena was issued properly. (The process server left the subpoena with the receptionist who promised to "email" it the declarant right away and provided me with a proof of non-service.) The judge agreed with the Plaintiff and gave the JDB a 45-day continuance saying that a subpoena must be served with a "reasonable time" for the witness to prepare. My question is that now that the trial has been continued, can I issue a CCP 96? I didn't do this previously, but now I would like to lock in their witness and exhibits so that I can prepare proper motions against them.
  5. 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.) There are 5 named lawyers. Top one is Mishala J Grave (I spelled the name wrong so it wouldn't come up in searches. I guess I am being paranoid). 3. How much are you being sued for? Just shy of $2000. 4. Who is the original creditor? (if not the Plaintiff) Nothing in the documents sent says. I assume it’s for a Chase Credit card going by the amount sued for and referencing my credit report I did last year. 5. How do you know you are being sued? (You were served, right?) Received forwarded mail (Writ of Execution from my Credit Union) to my new address just recently. Supposedly I was served at my old address in 2013. This can’t be the case because I would have acted on a court summons. 6. How were you served? (Mail, In person, Notice on door) Supposedly by mail. I never received a summons only a Writ of Execution. 09/12/2013 PROOF OF SUB-SERVICE OF SUMMONS AND COMP/PET AS TO XXXXXMEXXXXXX SERVED ON 09/05/13 WITH FEES OF $136.00. 7. Was the service legal as required by your state? I never received a summons and do not believe they used “reasonable diligence” to deliver me one. 8. What was your correspondence (if any) with the people suing you before you think you were being sued? I received a Memorandum of Costs After Judgement and then a couple of weeks later a letter from my Credit Union notifying me of the Writ of Execution. Other than this I have never heard of Midland Funding. 9. What state and county do you live in? California Los Angeles County 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) ??????? 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). Judgement for plaintiff Writ of Execution was issued. Money was already taken from my account. Last week which was the first I heard of the fact that I was even being sued. Last Entry on Case Summary: 08/12/2016 WRIT OF EXECUTION ISSUED TO LOS ANGELES COUNTY ( 1913.13 ) 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? I don’t know that I can. No date is given on any of the documents sent to me and again I never received a summons. 15a Did you receive an interrogatory (questionnaire) regarding the lawsuit? No 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. Nothing I am hoping that somebody can give me an answer as to whether or not I can even pursue a Vacation of Judgement. The court that Midland Funding filed everything through is in San Bernardino and I live 80 miles away in Los Angeles County and have for the last 3 years. The summons that they supposedly sent was sent to that address in Los Angeles County. I work across the street from the LA Superior Court! Is this grounds for improper Jurisdiction? It is my opinion that they tried to slide this case through in order to obtain a default judgement against me without my knowledge or ability to defend myself. I hope to hear back soon as I am using my day off tomorrow to travel to San Bernardino to file a Vacate Judgement on grounds that I was not served and/or improper Jurisdiction. Thanks for your time!
  6. Hi, I have been sued by Midland Funding LLC and I've been doing the pre-trial litigation work past couple of months. I just received CCP98 from Midland Funding LLC in San Diego. Anybody heard of Monica Maxwell? She seems to be the person who has knowledge of the evidence in the discovery.
  7. I recently got word that I was sewer served again by H&H. I haven't seen the summons yet however I'm anticipating that it will be exactly the same as the previous case. This one was about a month away from SOL. I'll keep this updated so others can learn the process. I don't expect to to have any questions this time around. For anyone who would like to see how confused I was by all this the first time, and a detailed account of how we got them to dismiss the case, here is the link to my other topic: John
  8. I received a letter this week from a Lawsuit Notification Company indicating that Portfolio Recovery Associates filed a lawsuit against me. I went to the court website to check if the case number filed was legit and found that PRA indeed filed a lawsuit against me. I then called PRA; got transferred 4 times and spoke with 4 different people from different departments (including legal and litigation). They all told me that they're no longer collecting and were not aware of the lawsuit filed. ***NOTE: I disputed these accounts earlier this year, and all 3 bureaus removed it from my credit report. Please advise how to proceed from here. Should I call the PRA lawyer listed on file and inquire why I'm being sued? Should I try and settle to avoid court? I would like to fight it, but I don't know how lengthy it will be. I still haven't received the summons/complaint but I want to be proactive and know my options so I could have enough time to prepare Thanks in advance.
  9. Hello, This place is fantastic, but I sadly forget 95% of what I have read between visits. I am unclear on how to respond and the best way to beat these guys. I'll spare you the story about how I tried to settle for up to 40% with OC and 20% with these bozos, but no dice. They tried to serve at the house, but got a relative and he didn't try to give him any documents. In late January (Approx 30th), the service by mail came. I have no date on the document for the service at all. My first reaction was, "this isn't service", but now I am concerned about summary judgement. It was filed at the end of December. I cannot settle for anything North of 30% right now. I have 9 dependents and my job is at risk. Any answers, links to great similar threads, or advice would be greatly appreciated. Thanks to all of you great posters!! 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.) EMILY PIERCE (Bar #240084)/ JORDAN D COOK (Bar # 179720) / LORI N WILLIAMS (Bar #242985) / KRISTEN L BRINKEROFF (Bar #263579) PORTFOLIO RECOVER ASSOCIATES LLC, 4330 La Jolla Village Drive, Suite 310 San Diego, CA 92122 3. How much are you being sued for? $3,393.43 4. Who is the original creditor? (if not the Plaintiff) CITIBANK, N.A. / Goodyear (credit card) 5. How do you know you are being sued? (You were served, right?) Served by mail. Someone came by, talked to brother-in-law, but offered no docs. Later, received via mail (not certified, regular mail) 6. How were you served? (Mail, In person, Notice on door) In regular mail 7. Was the service legal as required by your state? I think so…California (El Dorado County) 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, El Dorado County 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) Approx. (+/- 1 month) 11. What is the SOL on the debt? To find out: August, 2012 (They filed in December, 2015) 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). Served via standard mail about 35 days ago 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 + 10 days mail services (though I don’t know how they can prove anything) No one saw defendant, just standard mail. 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. Several Goodyear statements, including one with potentially the last payment.
  10. First post and very glad I have found this forum. Initial plan if I understand it correctly is to file then serve General Denial CMRRR (any help with affirmative defenses would be great), send BOP CMRRR, then start strategizing from there. I have been reviewing the stickied posts and starting to go through the older posts; I hope the information I provide is useful. Thanks in advance for any assistance. Exact quotes, amounts, and identifying info have been sanitized and abbreviated. 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.) EMILY PIERCE/JORDAN D. COOK/LORI N. WILLIAMS /KRISTEN L. BRINKERHOFF PRA 3. How much are you being sued for? $1XXX 4. Who is the original creditor? (if not the Plaintiff) Cap One 5. How do you know you are being sued? (You were served, right?) OTHER ADULT IN HOUSEHOLD SERVED 1/3 9AM, THEN VIA MAIL POSTMARKED 1/4 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, CA 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) Allegedly 02/2013 per complaint 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). SUIT SERVED, NO MOTIONS FILED 13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) NO 4. 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 CALENDAR DAYS (OR 40 SINCE SERVICE WAS NOT DIRECTLY TO ME?) PLD-C-001 COMPLAINT-Contract 1. PRA VS EinCA 3. Plaintiff is LLC in CA 8. Causes of Action X Common Counts 9. Other Allegations: See Attachment One 10. a. damages of $1XXX d. mail everything to plaintiff's attorney until formal notice PLD-C_001(2) FIRST CAUSE OF ACTION-Common Counts ATTACHMENT TO Complaint CC-1. PRA alleges that EinCA became indebted to "Plaintiff's predecessor on an account assigned, transferred and/or sold to Plaintiff. Plaintiff is the assignee of the account. See attachment ONE, incoorporated by reference hereto. a. within the last four years (2) because an account was stated in writing by and btween plaintiff and defendant in which it was agreed that defendant was indebted to plaintiff. CC-4 Other: Plaintiff purchased, is current owner, "plaintiff" refers to plaintiff's predecessor in interest, see attachment 1 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. ATTACHMENT ONE Plaintiff is assignee as of xx/2014, balance was $1XXX, no post charge-off interest of fees, last payment 02/13, Cap One is creditor, bought by PR, LLC, seeking $1xxx + costs (this attachment has 10 lines, will provide on request) Also attached were copies of 5 Cap One statements from 2013 and a Cap One "Cycle Facsimile Report" with some data on the account from 2013, a Cap One charge-off notice, a dec re reduced filing fees, and ADR info
  11. Hello folks, first of let me send out a thanks boy am I glad I ran into this site so much information, knowledge, and some pretty great folks all put into one place Awesome. Now to the not so awesome thing I was served a couple weeks ago and need to make a move as my 30 days will be up in the coming days (I know I should not have waited this long but I did have to deal with some pretty hard personal issues during these past weeks). So Calvary SPV is suing me as assignee of Citibank NA here in California for under $5,000 the summons includes a photocopy of a credit card statement (does this mean verified) I know my first thing to do is respond to the summons and ask for verification but would like to see if I can get a more detailed info on how to do that correctly and ask you members does a statement show proof of verification. Thanks in advance
  12. Let me start by thanking ASTMedic for laying out the guidelines in "How I beat Midland in California" that I basically copied and then updated with the Target v. Rocha info that Calawyer and several others pointed out. Because of what I learned here I was able to get Absolute Resolutions to dismiss their case the morning of the trial. If it had not been for this forum and the many helpful contributors I don't know what I would have done. Now it is my time to give back, so I am attaching redacted copies of the documents that I spent so much time researching and typing up. I hope this will help someone else as much I was helped by the other contributors to this forum.
  13. I'm writing up my Objection to Plaintiff's Declaration in Lieu using @h8spleadingpaper's objection as a exemplar. I have a few questions and am hoping the California folks can help me out. For Argument A ("Failed to Comply With CCP Section 98") H8 states the declarant "does not say where the declaration was executed. He also does not give an address in California where he may personally be served." For my case, the declarant does give an address in La Jolla, CA where "this affiant is available for service of process ... during the 20 days immediately prior to trial. If service is of process cannot be effectuated at the aforementioned address, I authorize the Defendant to contact attorney XXX for purposes of effectuating proper service on my behalf." Also, the last line of the Declaration says "Executed on this day XXX, at San Diego, CA." So, I'm thinking I should either strike Argument A or rewrite it such that it only says the declarant was unreachable* by the process server. * The subpoena will be issued on Monday and I'm guessing the declarant probably won't be available, but will know for sure soon enough. I go to trial this week as well, so am getting the subpoena in just under the wire. I won't have 5 days to file the objections with the court, but do plan on overnighting a copy to PRA's lawyers so that they are aware I plan to fight back with gusto. Is this correct? -- PS: I'm terribly behind. I have two cases in motion - but they will be months apart. Unfortunately, I haven't been organized and missed my chance to do the preliminary stuff on suit #1. Nevertheless, I am inspired by those that have crammed a lot of learning into a short time and come out the other side. I'm determined not to let being behind stop me from trying. (Also, I worry that not fighting this will send the wrong message when it comes to suit #2. So, I'm in it to win it.) The one thing I have done is read, read, read this forum! I've seen that the members here will help people who are willing to do the work - and I am willing to work hard. Will probably have more questions over the next week, but I'll keep them all contained in this thread. Thanks in advance!
  14. Thank all of you for the abundance of information posted here. I'm very grateful and have some hope that this will be settled soon. I have about 2 weeks to file a denial. I'm very confused with the terminology and writing here, legal language is not my thing. I'm going to keep reading and studying but I'm very short on time. If anyone could help me with the specifics and tell me how to file the denial, ccp, BOP, and other documents so that a dummy could understand that would be a huge help. I don't even know how to fill out the POS or who it's sent to! I'm not sure if I was legally served either, since some lady just threw a stack of papers on my dads doorstep without an envelope. That doesn't seem right. Also, after those are filed with the court how long do I have until I need to respond again, or appear somewhere? I won't be back until the end of July. Thank you in advance! 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, Attorneys at Law 3. How much are you being sued for? $4k 4. Who is the original creditor? (if not the Plaintiff) US BANK, who sold the account to Plaintiff. 5. How do you know you are being sued? Left a stack of papers on my parent's porch, no envelope. 6. How were you served? I'm not sure if I was. 7. Was the service legal as required by your state? I don't know. 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, SONOMA is where my parents lived, however I do not. The summons says "defendant lives here now." 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) 11. What is the SOL on the debt? 4 YRS 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). I called the court, they said the case was filed and refused to give me any other info. 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. I don't think I received a questionnaire, The paperwork I received is confusing. I'm being sued on CC-1 COMMON COUNTS, within the last four years, an open book account for money due because an account was stated In writing by and between plaintiff & defendant in which it was agreed that defendant was indebted to plaintiff. Within the last four years for goods, wares, and merchandise sold & delivered to defendant & for which defendant promised to pay plaintiff the sum of $4,xxx.xx for money lent by plaintiff to defendant at defendant's request. For money paid, laid out, and espended to or for defendant at defendant's special instance and request. CC-2 $4,xxx.xx, which is reasonable value, is due & unpaid despite plaintiff 's demand, plus prejudgment interest at the rate of 0.0000% per year from date Jan 31, 2013 CC-4 Plaintiff purchased the account from the original creditor or its successor(s) in interest. Plaintiff is the current owner of the account. 16. What evidence did they send with the summons? An affidavit? Statements from the OC? NO EVIDENCE AT ALL.
  15. Good morning all, I'm new and have been reading much about amex, and arbitration. reading the fine print on the CC agreement is sometimes "yeah,yeah,yeah", until you come to a place like this and see there's a good reason for these things. Thank you! ok so Amex just served me yesterday and I want to be timely and not have a judgement against me just yet. I've been reading arbitration may be the best thing for me? Maybe not. My debt is for 23Km it was 30K but over the past 8 months I've been paying it down to 23K. Back story: I had an IT consult business which took a turn for the worst, when the economy feel in 2008 or so, and I had to reinvent myself. I started selling collectibles onn ebay and have been supporting ym family this way for several years now. I made the mistake of using Amex to support paying my distributor for my inventory and my monthly faul in full grew to about 8K a month. I was able to pay this off each month. I started hitting a"spending limit" with Amex but was told I had no stated limit, but each month I'd hit an invisible limit at about 32K so I wasn't able to use it at that point so I would pay it down and be able to use it, I put some of the debt over on pay over time so I could continue using it. One month I was late on my payment, I believe I was 20$ late or something close, but the put a freeze on my spending ability until I was caught up. Things happen and when this happen I had to use the cash from sales to pay the distro to stay in business. The feed the family, then the excess would go to amex to pay it down. Still unable to use the card they then lowered my credit limit to 20K and I was still unable to use and my paying ability went way down as I had to use that money from sale to 1) pay the distro, 2) Feed the fmaily, 3) pay amex. Amex cancelled my account and sent it to a collector, I forget the name but I was still paying amex each month any amount I could and in the past 8 months have paid it down 8K. They don't care they want their money. I understand this. can't give what I don't have. Then I receive letter from attorney to contact them and I forget to as it sat on my desk in a pile until I was served yesterday. I called the attorney sung me and tried to see about payment plans, I said I could commit to 400$ a mnth for sure and then proceeded to tell him my back story as I did above. He sai he will talk to his liason and come back in a moment, he said that 400$ a month wasn't much and it would take about 5 years to pay off.( better than not right?) BUT NOW he would have to consult with his client about the allegations of invisible spending limit I stated and then get back to me about it when he could. I said let's just work on payment plan and he said he couldn't until he looked into the m,atter more. I asked him so basically your saying you're blowing me off and I'm going to just have to go to court? He said he couldn't give legal advise and to consult my attorney and then basically hung up. After initial upset, I say down and started researching and came upon this site. Suit is filed by Law Office of Sara J Hamilton P.C. for American Express Ccenturion Bank, a Utah Bank. I have 30 days to file written response. ourt filedin is here in San Diego so I assume that's where I file my response to go to ARB? So here's more info on me: I work for myself, slef employed.. Last years net income AFTER taxes was approx 10K-15K, I'll have to look it up, but I have a lot of write-off as my home is my place of business and things add up for running the business, gross income is over 100K but with inventory all bills paid and halth insurance net is what I stated above. I own NO Property. I have a bank account that has little money in it at any one time. I use paypal and it's debit card for monet transactions unless I have to transfer money tot he bank to pay bills I owe a Toyota Highlander outright, it's the family vehicle. I am paying on a new toyota truck which is also the work truck for IT stuff(what's left of it) and also a fmaily vehicle(dbl cab). My Questions: Should I do arbitration? or go to court? I'm familiar with small claims as I've had to sue to get paid as well, and a judgement is something that is on your CC report until it is paid correct? and then 7 years after right? Summer time is slow for sales of my kind but I'm still putting money towards the debt, as much as I can when I can. My thoughts or assumptions after reading on here for several hours is with arbistration I am basically buying some time? If I go through JAMS for arbitration, amex has to pay for it? Or I can get their fee's waived as I was just approved for Medi-Cal, californias low income health insurance, so courts site says I can qualify because of that for fee waiver. Same for JAMS? So opting for ARB I understand it will start to cost AMEX more moeny to deal with me, and they may drop the collection? if so what is put on my CR? A charge off? If they continue with ARB, they run up the bill and if we go through ARB will that give me an avenue to ask for a payment plan or what? have read much on here but I am still alittle unsure of what ARB does for me and what happnes if it actually happens. I think I understand there is a judgement still but how is it different than going to court? Should I file some STAY on the court until ARB is granted? Will ARB be granted with JAMS when I call them and file for ARB? Any help is much appreciated. I do well with visual so an outline of what I should/need to do would be appreciated, I will be reading the ARB forum next after lunch and try to figure more out on my own. Thank you.
  16. I entered into a conditional settlement agreement in Los Angeles County for a smaller amount than I was sued for. Basically, if I make payments as agreed, they dismiss with prejudice. If I don't, they can then apply for a judgment in the full amount. Plaintiff filed the Notice of Conditional Settlement back in July and the case was put off calendar and I've made two payments since, but when I check online the actual settlement agreement itself still has not been filed. Question 1) Should I be concerned about this? I have an executed fax copy on pleading paper so I suppose I could file it myself, but maybe these things are not filed or something. Maybe only the notice of settlement is filed. My second question relates to the fact that I have been in negotiations on a second case with the same JBD but a different attorney. I used the first agreement as a guide and we have agreed to a reduced amount and payment schedule as a conditional settlement, but they are insisting I also sign a stipulated judgment for the full amount, which will be "held in trust" and not filed as long as I make payments as agreed. I have refused since the same JDB accepted the other settlement without that requirement and I don't want an actual judgment out there, filed or not. When the second attorney claimed the JDB would not agree "to something like that", I told them that I knew for a fact they had and sent them a redacted copy of the conditional settlement agreement without telling them it was my case. The lawyer responded that he wants a non-redacted copy. Question 2) Is there a downside to this? As I mentioned above, the first settlement agreement resolved the other case but has not been been filed, so I would just be showing them a fully executed copy. The second lawyer already filed a Notice of Conditional Settlement, which put the second case off calendar, which leads to my last question: Question 3) If the negotiations fall apart, how quickly will they be able to get back on the active calendar? We were already 20 days from trial and had exchanged discovery. Thanks in advance for any expertise/advice in this matter.
  17. Listen, I am not a lawyer and I am not an expert, by any means, but I've been reading this forum for over a year, and now that I have also had some experience in these matters, I feel compelled to make a few observations about (what seems to me to be) the general strategy that JDBs (junk debt buyers) use, at least in California. 1st – The JDBs depend upon the fact that most defendants are not going to answer the complaint filed against them, which allows the JDB to receive a default judgement, winning the case, and allowing the JDB to then proceed to garnishing the defendant's wages. 2nd – If the defendant does file an answer, the JDB's attorney will attempt to trick the defendant into admitting guilt or into making an error when responding to discovery requests, which the attorney will use to win their case. 3rd – JDB's attorney sends the defendant a CCP 98 (affidavit in lieu of live testimony) that will allow JDB to enter as evidence any documents attached, unless the defendant subpoenas the witness listed in the CCP 98 and files an objection to the CCP 98. 4th – The JDB's attorney, almost always, knowingly lies on the CCP 98 when they say that the witness will be available for service for the 20-days prior to the court date at an address within 150 miles of the court. It has been my experience, and it seems to me that in most cases filed in California, that a defendant has an excellent chance of getting their case dismissed if they simply follow the guidelines provided by ASTMedic in his topic: How I beat Midland in California. In addition, since ASTMedic's case, there have been two excellent cases that provide even more case law to use against the JDBs' strategy: Target v. Rocha and CACH v. Rodgers. Besides ASTMedic's guidelines, I also highly recommend the following two links that this forum lead me to, and which were particularly helpful to me. The first is a little old now, and was prior to Target v. Rocha and Cach v. Rogers, but contains actual filed court docs: http://www.plainsite...sandra-pacheco/ The second is the opinion from CACH v. Rodgers: http://www.courts.ca...ve/JAD14-11.PDF
  18. 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 and Henriques 3. How much are you being sued for? $5,832 4. Who is the original creditor? (if not the Plaintiff) U.S. Bank National Association 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 at my 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? Debt validation request. Nothing else. 9. What state and county do you live in? California, 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) Unknown. According to the CA, May 2013. 11. What is the SOL on the debt? To find out: 4 years 12. What is the status of your case? Status: Pending (info via the court website) Under case information, the court shows Summons Filed, Collections Case Complaint Filed, and Proof of Service Filed 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? Yes. They responded with copies of a year's 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? Response is due tomorrow (Aug 14). 1) Account Stated Prayer Amount: XXXX Limited Civil 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. Exhibit A: Statement from May 2013 Exhibit B: Statement from Dec 2013 (time of charge off) 17. Read this article: Done! I've been reading posts on the forum, but now that it's time fill out my own response I'm worried about getting it right - to the point of paralysis. There's no more time, I have to take the paperwork to the court tomorrow. Can someone please point me in the right direction to help me get started? Also thought it would be helpful to have my own thread since I will likely need more help along the way.
  19. I am in California and currently facing a credit debt case against Unifund LLC represented by Kenosian & Miele for a Citibank account to the sum of $14,xxx.xx. So far, I have provided my answer (POS filed in court), sent CMRRR on 12/15/14. On 12/27/14 I received documents from Kenosian & Miele (sent regular mail, non certified, no return receipt) containing Request for Production of Documents and Requests for Admission. My questions are as follows: 1.) Do I send my Request for Production of Documents to the plaintiff now? 2.) Would it be to my advantage to send my response to the plaintiff's request sooner than later? 3.) Do I need to fill out another POS for (POS-030 or POS-040) when I send out my response to the plaintiff? 4.) Will the POS need to be endorsed by the court house when I send my response? 5.) Will I need to include a copy of the POS to the plaintiff when I send my response to their request? (When I sent my answer to the summons back in 12/15, I was told by the county court clerk that the plaintiff does not need a copy of the POS...only the court and myself) 6.) Will the court need a copy of my response to the plaintiff? 7.) Is a Meet and Confer required prior to my CMC? I really have no interest of doing this with the plaintiff at this moment or should I? My CMC is set for 3/3/15, any other feedback or advise as to what else I should be doing between now and a few days before my CMC would be highly appreciated (I know that submitting my CMC Statement before my CMC date would be required)!!!
  20. Is there any reliable data out there on how many collections cases are filed per year in California?
  21. Here we go. Today I had my Notice of Appeal served on plaintiff and filed with the court. I thought I would start this thread to help other california appellants (as well as gather advice for myself). My thread Motion to Compel Granted details further into the case and the trial itself, but here's a little background: I was sued by midland funding llc in california about a year and a half ago. The cause of action was account stated, for a chase credit card allegedly defaulted on and sold a year or so before lawsuit. I filed/had friend serve a general denial, along with a POS, as the complaint was not verified, and was a limited civil complaint. I entered one affirmative defense, offering that plaintiff lacked legal capacity (standing) to sue. I beat midland to the discovery punch and filed a Request for Production of Documents. They fumbled the response, and missed the deadline. I sent a few meet and confer letters before filing a motion to compel further documents. I won the motion, plaintiff stumbled to comply. I sent more meet and confers, then another motion for compliance and terminating sanctions. Judge granted order to produce forward flow, but denied terminating sanctions. Different lawyer (not rent a lawyer) began handling case for plaintiff. Plaintiff failed to produce forward flow. Come trial month, I sent a CCP96 request. Plaintiff responded, listing a witness "PErson most KNowledgable". I filed MIL and declaration in support based on non-compliance with ccp96 (witnesses must be listed by name and address). Plaintiff sent a second CCP96 statement (not permittedby code) listing witness by name and address. I filed a Motion in Limine and Trial Brief objecting to the entrance of the witness under ccp97. At trial, judge denied my MIL. Plaintiff showed up with witness. Plaintiff called witness, I objected citing CCP 96/97. Overruled. Witness testfied that she had personal knowledge of my alleged account, even citing the balance to the penny off the top of her head. I cross examined witness thoroughly, demonstrating that she had no personal knowledge of chase business records,and hence could not authenticate records coming from chase under the business records exemption to hearsay. Judge overruled my motion to strike witness, allowed witness to authenticate bill of sale, ect. I objected to each peice of evidence as it was introduced, leading down my list of objections, code and case law. Each objection overruled. Plaintiff put me on stand, got chase statements admitted based on 3 address matches that I lived at/statements were sent to. Plaintiff moved for judgement, and won. Before proceeding with the appeal information, I thought I would mention what I would do differently if I could: 1) send Request for Admissions. If plaintiff had failed to meet deadline on this along with/instead of RFP, I could have perhaps won that way. 2) Perhaps not file second motion for compliance. Asking for sanctions and attempting to hammer plaintiff seemed to have alerted them, and they switched a more competent lawyer onto the case. I bad mouthed plaintiff a bit in the motion, basically calling them incompetent buffoons. 3) Maybe not file any motions at all. I think if i would have let them slide and disappeared until trial, I could have ambushed them. They probably would have just went the same old CCP98 route, which seems a lot easier to beat given Target v Rocha. 4) OR maybe pursue motions further. Asked judge to push trial back, tried to really push the issue on the forward flow. 5) GET A COURT REPORTER. This would have possibly shown judge that I meant business, maybe swaying judge to rule more fairly and to the letter of the law. Also, it would have aided in preserving a better record on appeal. Now on to the appeal...
  22. Heading to court later this year against Unifund in Northern California where Judges seem to be very lenient on the hearsay/business records exemption. Was wondering if anyone has had any success with citing CACH v. Rodgers...I know it can't hurt...but most of the cases I've looked into around here the Judges seem to be snubbing their noses at Rocha. Pretty much all the JDB needs is a few statements, affi's, generic bill of sale and it's over. Any and all input welcome.
  23. Please help! We own a small property of land (a parking lot) in LA, California but we live in Washington and haven't been to CA for years. We got recently sued for "violation of the unhurt civil rights act, civil code section 51" and "pursuant to Code of Civil Procedure section 474." According to the complaint, the plaintiffs were unable to park because it lacked a 192-inch-wide van-accessible handicap spot and adjacent access aisle and because of that, they experienced difficulty in a place of public accommodation. We are being sued for no less than $8,000 in damages, fees at rate no less then $400, costs, and prejudgement interest! I really don't think this is fair and we really don't have the money to pay for that! Please give us some legal advice!
  24. Last year I was sued in California by the esteemed firm Patenaude & Felix for a National Collegiate student loan, 39K or so. I hired a firm last year for attorney-assisted defense, and they prepared my answer and discovery, etc. That is all long done and now trial is coming up in 46 days on April 25th. To save some $ I would like to do the rest of this myself if I can, so what now? I know the rules for unlimited civil cases are different from limited (under 25K) cases, so I want to make sure I'm proceeding correctly, or if I can even do this on my own. It seems P&F is all bark and no bite when it comes to trial and I am determined at the very least to stand my ground until the last minute! Thanks in advance.