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Found 138 results

  1. Hey, Everyone! I have a case in which "evidence" provided by Plaintiff (Portfolio) includes an alleged Bill of Sale signed (possibly robo-signed) by David Nauman of HSBC BANK NEVADA, N.A. and an Affidavit of Sale signed (again, probably robo-signed) by an Ashley Oku of HSBC. I'd like to be able to show that neither are residents of California, but they haven't stated their locations in the documents. Initial internet searches seem to indicate that the former may be in Philadelphia, while the latter seems to be a ghost. Has anyone had a case with either of these individuals named and discovered their places of residence/business? Also, if you know of any documented instances of robo-signing associated with these names, it would be very helpful. Pro pers unite and stand strong!
  2. 1. Who is the named plaintiff in the suit? PCA Acquisitions V, LLC 2. What is the name of the law firm handling the suit? Machol & Johannes 3. How much are you being sued for? 4,500.00 4. Who is the original creditor? GE Capital, amazon card 5. How do you know you are being sued? Served 6. How were you served? They handed papers to my husband when he answered the door. 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? Washington state Clark county 10. When is the last time you paid on this account? last payment made was 1/22/14 as per my credit report, But looking at the summary on my payment history it is 10/2013 11. What is the SOL on the debt? 6 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). 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? by tomorrow 16. What evidence did they send with the summons? An affidavit and bill of sale I messed up early in the case, I was served with papers that seemed like a scare tactic because they had no court case or date. I reponded to both the courthouse and the plaintiff with: My affirmative defenses were as follows: Defendant denies the allegations contained in Paragraph 1 of the complaint as defendant is without information or knowledge sufficient to format an opinion as to the truth or accuracy of alleged assignments or entitlements. Defendant denies the allegations in paragraph 2 as there is not, nor has there ever been any agreement, written, oral or implied with the plaintiff and defendant. Defendant lacks knowledge of the truth and thereof denies allegations contained in paragraph 2, plaintiff has failed to provide defendant with any kind of account numbers or documentation for alleged debt. I have not entered into contract with the plaintiff I dispute the amount to be owed The amount demanded is excessive The defendant states that other defenses and counter claims may exist and will be added as they become known. Wherefore, the defendant prays that the court take nothing of the plaintiff's complaint by virtue and dismiss the complaint. I was mailed documents requesting motion for default and judgement last week that give both a court date (July 17th and a case number) along with an affidavit, bill of sale, copy of service papers and my affirmative defenses. My question is, have I messed it up and have no recourse of action? or can I motion to dismiss because the proof they provided was hearsay?
  3. For anyone not familiar with my case, you can read up on it here: http://www.creditinfocenter.com/community/topic/321144-sued-by-jdb-cavalry-in-arizona-lost-on-plaintiffs-msj/ The short version is Plaintiff filed an MSJ in August of 2013. The court denied that one. I filed a MSJ in February 2014. In response, Plaintiff filed a cross-MSJ with the same arguments from their original MSJ (that was denied) but the cross-MSJ was a much more brief version thank the original MSJ. The court granted their cross-MSJ. So that is where I am. I do not have a final order of judgment yet, but I will be filing the required notice of appeal once I get the final order of judgment. I don't know what the justice court appeal fees are yet, but I don't think I can afford them. There was no trial, and therefore no audio recording to prepare, so maybe the cost from justice court will be lower. It looks like the fee once the case gets to superior court is going to be $300. UGH! No way can I come up with that. There is also a "cost bond" to cover Plaintiff's legal costs. I have no idea how that is calculated, but I'm sure I can't afford that either. The good news is I can request a waiver or deferral of all of the fees. Just when I was getting my hopes up that Plaintiff would be dismissing, it looks like we're just getting started. This is unreal..... Edit: I used info from a variety of sources when I appealed. The following proved to be the most informative and helpful. The first one is a walk-thru that explains timelines and what all needs to be filed and where. The second one is a packet that has forms and fills in some info gaps from the walk-thru. The third one is the general "right to appeal" form the court gives you when you lose. It's sort of a shortened version of what's required to get the ball rolling. I don't know how often these are updated, but the fee info is not right on at least one of these so plan the fees being 10-15% more than what's stated in these documents. https://www.azcourts.gov/Portals/34/Guides/Superiorcourtljccivilappealsudated.pdf http://justicecourts.maricopa.gov/HowTo/CV_Appeal_packet.pdf http://justicecourts.maricopa.gov/CaseTypes/CVForDetAppealInfo.pdf Notice: I appealed a Justice Court case to the Superior Court. If your case started in Superior Court (debt >$10,000) there is a different process for appealing. You can find the info here: http://www.azcourts.gov/Portals/34/Guides/ProSeGuideCOMPLETE(Amended12-12).pdf
  4. Hi I just filed Motion for arbitration, and am now preparing the answer and affirmative defenses. I will post the complaint and my draft of answer and affirmative defenses below. Any critique is welcome! BTW, the case is in Ohio. My questions are: 1. Should it be better to just state "Denied" in the answer? I saw various wordings in denying... but not sure which I should use. 2. How do my affirmative defenses look like? I do want to emphasize arbitration and SOL. (I will not include counterclaim since adding it probably may waive my arbitration right) 3. As for SOL, the alleged card is from Citibank. Do I need to include in the answer statements to show the last payments/purchases, or just leave it as it is now? 4. Together with my answer and affirmative defenses, I will also include Exhibit A for card agreement, affidavit (saying this is the operative agreement), and certificate of service. Is there anything else I should include? Thank you all in advance!!! Complaint: 1. Plaintiff is the owner of the Defendant's citibank account, account number... See attached Exhibit A (bill of sale) 2. By use of the account, the Defendant became bound by the Account's agreement. 3. Defendant breached the agreement by failing to make payment 4. The amount now due and owing is $xxxx. Copies of statements are attached as Exhibit B. 5. Although demand has been made upon the Defendant to liquidate the balance due and owing, the Defendant failed to do so. My answer: Now comes the Defendant, PRO SE, and submits the answer and affirmative defenses to the allegations contained in the Plaintiff's Complaint. ANSWER 1. Defendant is without knowledge or information sufficient to form a belief as to the truth or falsity of the corresponding averment. Consequently, this averment is denied and strict proof demanded. 2. Defendant is without knowledge or information sufficient to form a belief as to the truth or falsity of the corresponding averment. Consequently, this averment is denied and strict proof demanded. 3. Defendant is without knowledge or information sufficient to form a belief as to the truth or falsity of the corresponding averment. Consequently, this averment is denied and strict proof demanded. 4. Defendant is without knowledge or information sufficient to form a belief as to the truth or falsity of the corresponding averment. Consequently, this averment is denied and strict proof demanded. 5. Defendant is without knowledge or information sufficient to form a belief as to the truth or falsity of the corresponding averment. Consequently, this averment is denied and strict proof demanded. AFFIRMATIVE DEFENSES 1. This Court lacks jurisdiction due to Defendant electing private contractual arbitration as provided in the card agreement (Exhibit A) for the alleged account. 2. Plaintiff, as the Defendant is informed and believes, lacks the legal standing to bring and maintain this action. 3. Plaintiff’s action is time barred by either applying Ohio’s six-year statute of limitations for oral contracts in R.C. 2305.07 or applying the borrowing statute R.C. 2305.03( and the choice of law provision in the card agreement for the alleged account (Exhibit A) specifying application of South Dakota law with six-year statute of limitations. 4.Defendant reserves the right to plead other affirmative defenses that may become applicable and/or available at a later time, (for example, if a real party in interest is established for alleged account). 5. Defendant reserves the right to submit counterclaims that may become applicable and/or available at a later time, (for example, if a real party in interest is established for alleged account) including, but not limited to, violations of the Federal Truth in Lending Act, the Fair Debt Collection Practices Act, and the Fair Credit Reporting Act. Respectfully submitted, My signature My name address
  5. Yesterday I got the summons from a JDB. It is about a citi credit with last activity in 01/2009. I have a few questions related to SOL, and will really appreciate everyone's help and suggestion: 1. The SOL in South Dakota is 6 years. However, in Ohio, some say it is 6 years, but there are also statement that credit card is considered written agreement so SOL in Ohio is 15 years . I would appreciate if anyone can help me to figure out this SOL for credit card in Ohio, especially if there are any case laws.... 2.Even if SOL in Ohio is 15 years, or if it would be difficult for me to argue SOL in Ohio court, can I use a CITI card agreement to argue that the SOL in South Dakota should apply, since the agreement states that the law in South Dakota governs it? 3. If I go with arbitration, can I win simply because SOL has passed? 4. I can only find a CITI card agreement in 2009, would anyone have agreement between 2005 and 2009? Or the 2009 agreement can work in my case? Thank you for any comments/suggestions!!!
  6. I was served yesterday by Midland Funding. I was obviously terrified but I was not shocked since I have been struggling financially ever since I was laid off in 2012. However hafter googleing how to beat a debt collector in court and finding this website I felt so much hope. I am truly greatful for any help I may received on this thread. THank you in advance. 1. Who is the named plaintiff in the suit? Midland Funding LLC 2. What is the name of the law freaotice on door) In person, my father accepted the documents 7. Was the service legal as required by your state? Yes although I believe they are still required to mail me a copy? If that is so do I go by the date personally served or the date mailed to me? 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, 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) According to the complaint August 2012 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). 01/13/2015 ORDER TO SHOW CAUSE HEARING SIGNED AND FILED BY DANIEL P RAMIREZ, JUDGE TO SHOW WHY SANCTIONS SHOULD NOT BE IMPOSED FOR FAILURE TO FILE REQUEST FOR ENTRY OF DEFAULT JUDGMENT PURSUANT TO CRC 3.740(F). MATTER CONTINUED FOR HEARING ON 02/14/18 AT 08:30A M., IN DEPT. SEY . CERTIFICATE OF MAILING FILED, GIVEN TO RESPECTIVE PARTIES/ COUNSEL. 01/09/2015 COLLECTIONS CASE COMPLAINT FILED PURSUANT TO CRC 3.740. RN NOR455965017. 01/09/2015 SUMMONS ISSUED. 01/09/2015 SUMMONS FILED. 01/09/2015 DECLARATION UNDER BUSINESS AND PROFESSIONS CODE 6322.1 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? 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 according to Summons. However, I have a court date apparently issued for 02/14/2018 re: OSC - 3.740 COLLECTIONS-DEFAULT JUDGMENT I thought the default judgment was requested after I failed to respond? 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 one page Bill of Sale with attachment of electronic records which include amount due, charge off date, my name, address and last payment amount and date. Exhibit B is their first letter to me saying how amazing they are and how much they would love to help me Exhibit C an August 2012 statement from Sears, i.e, Citibank Exhibit D a May 2013 statement from Sears Exhbit E a letter from Midland dated July 2014 stating they were sending my account to the legal department It seems the only evidence they attached are the exhibits everything in my packet was as follows: Summons Complaint including exhibits Civil Case Cover Sheet and CCCS Addendum Declaration of Reduced Filing Fees
  7. Need help to beat a JDB. just need to answer special ROGS. I need to beat them! i got exhausted with my first battle and ended up losing up to the appeals. Thank you in advance! need a better way to answer these questions. 1. did you ever submit a request for credit account to GE capital retail bank? i had chevron card though. 2. did GE capital retail bank issue a credit account number xxxx-xxx-xx in your name? 3. State the approximate date you open the credit account. 4. identify each and every person other than yourself who has ever had the possession of any credit card for the credit account. 5. identify each and every person who you ever authorized to use the credit account. 6. Did you use the credit account? 7. is $1,043, the amount set forth in the complaint in this case as the sum owed as of February 26, 2014, your balance due as of that date on the credit account? 8. if you do not agree that $1,043, the amount set forth in the complaint in this case as the sum owed, is your balance due is February 26, 2014 on the credit account, state all facts upon which you base your denial that the sum of $1043 is your balance due as of February 26, 2014 on the credit account. 9. did you have a report to GE capital retail bank that the credit card for the credit account was lost or stolen? 10. Did you ever report in writing to GE capital retail bank or portfolio recovery associates that there was any problem with the credit account, which problem remains unresolved? 11. Did you receive periodic statements from GE capital retail bank regarding the credit account? 12. State approximate date of your last payment to GE capital retail bank on the credit account. 13. Have you ever corresponded with GE capital retail bank in writing regarding the credit account. 14. Have you ever corresponded with portfolio recovery Associates in writing regarding the credit account? 15. State all facts upon which you base your denial of the complaint in this action. 16. State all facts upon which you base each affirmative defenses to the complaint in this action.
  8. I need advise please..I am in California I received 2 letters from First National Collection on 2 different OCs but with same creditor: LVNV Funding. I thought I was rid of LVNV for good (silly me) when the TLs dropped off last year. These are definitely past the SOL. These were disputed with CRs in 2013 but I did not send DV to LVNV because they dropped off. They are no longer being reported on my CR. - Do I send First National DV letters OR C&D OR FOAD? Another letter I received was from Convergent. Their letter indicates that because of the age of the debt they will not sure or report to CRAs. - Do I send Convergent DV, C&D or FOAD?
  9. Hello, I lived in CT, but moved to CA. I received a complaint from Discover bank in Connecticut, being represented by HLS. I responded and made my special defense a couple of months bank. Then I came to CT to help my mother move to a new house for a few months, in those months I received request for admission and interr/prod from HLS. The mails where being sent to California. I found out too late, they filed for motion for compliance, and motion for default for failure to comply. Basically it was motion for compliance to inter/prod, but the motion for default for failure to comply was also in the same motion. I got the request for admission and the interr in my email and quickly browsed through this forum to answer them the best I could. I submitted my replies the exact same day that they had short calendar marking, take papers. The judge granted the motion for compliance. I haven't received the papers yet, but I see online that it was granted. I was wondering, what does this mean? Is this judgement satisfied by my responses? Do I get to file my own discovery? What is my next steps? Please help.
  10. I just did my annual reports to see where I was. I have central financial control showing three medical debts on Transunion, and syndicated office showing the exact same account #'s and amounts, etc. on the Equifax report. ( I haven't done the third one yet but will sometime this week) Anyway, I disputed these three med bills back in 2012 and two were deleted. and one was updated. I then sent a dv letter to the updated one (central financial) and they deleted it a short time later. Then in may 2014, I checked again, and the first 2 deleted are up again, I sent both JDB's their dv letters, CFC gave me a reply stating they have already validated these accounts and my continuously repeated DV requests are not worth a reply and waste of their office supplies( but they DID delete one). They told me they were not going to reply again. Syndicated just sent back a generic reply with everything I could get on my credit report( original creditor/amt owed/dates, etc). so now I have the two that were previously deleted by CFC back on, and all three from syndicated. so what do I do now?
  11. InsideArm: Two new bills aimed at the debt collection industry were introduced in state legislatures last week. One in Indiana would explicitly define debt buyers as collectors, for the purpose of regulation. And another in Minnesota contains novel language that would require debt collectors to create and maintain records of contacts with debtors. http://www.insidearm.com/daily/debt-collection-news/debt-collection/state-legislatures-introduced-two-new-debt-collection-laws-last-week/?utm_source=insideARM.com&utm_campaign=f3ea665aa5-ARM_insider_2_2_15&utm_medium=email&utm_term=0_a05497525d-f3ea665aa5-80845493&mc_cid=f3ea665aa5&mc_eid=3ec05283b2
  12. So I'm about three days out from my CCP96 filing, and I want to put together a great defense trial brief for the judge. Does anyone have a good resource for the language and what should be included in the brief? I'm taking on Mandarich, and I'm in California.
  13. 1. Who is the named plaintiff in the suit? Cavalry SPV I LLC 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Andreu, Palma & Andreu, PL 3. How much are you being sued for? $1,691.82 + "post-judgement interest at the maximum rate allowed by law + all such other and furhter relief to which Plaintiff may be justly entitled." 4. Who is the original creditor? (if not the Plaintiff) HSBC Bank 5. How do you know you are being sued? (You were served, right?) Personally served a Summons to Appear for Mediation Conference 6. How were you served? (Mail, In person, Notice on door) In Person 7. Was the service legal as required by your state? Seems so, yes 8. What was your correspondence (if any) with the people suing you before you think you were being sued? Quite honestly, I have never heard of Calvalry before this notice to appear for Mediation Conferences 9. What state and county do you live in? Florida, Lake County 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) June 30, 2011 11. What is the SOL on the debt? To find out: Four or Five years, seems that SOL isn't applicable 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). Waiting to attend a Mediation Conference. 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? In their complaint they are listing Account Stated and Unjust Enrichment 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. They have attached two papers titled as Assignment and Bill of Sale. The first one lists that HSBC Bank Nevada, N.A. is selling Calvary SPV I, LLC, a number of Accounts, however none of my account's information is listed, and this page only has one signature from David Naumen, Senior VP. The second page lists that HSBC Recieveable Acquisition Company I, II, and IV, is selling Cavalry SPV I, LLC a number of "Recievables". What "Recievables" is, isn't mentioned and the page is signed by David Nauman again twice. A third page with some information such as the date that Calvary bought it, the account number and the amount on the account, and my name are on it. The fourth and fifth page confuse me however. It seems to be account information directly from the bank. It has the bank's headers and information about interest and various details about the account on it, but nowhere does it state that the account was sold to Calvalry SPV I. I've been doing as much research and reading on the internet, and it seems that they haven't truly proved that they bought MY account. I think they proved they bought a NUMBER of accounts, but sending me a page with a few bits of personal information doesn't count as ownership, correct? This is of course going to go into a small claims court in Florida, and I don't believe that I need to write and file an Answer just yet. Is this correct? I would also like to mention that I am a single parent with a child, and a mother on disability who has difficulty maintaining her house (making her bed, etc.) so even if the JDB has a claim, could the court possibly throw out the case due to my inability to pay? Thank you for your time.
  14. Ok, I've gotten into a rhythm of Answer and dismissal on SOL issues...now here's one that still breathing. Served last October on a debt that has a January SOL on it. So on that, no footing there. I responded with general denials in specific to the wording of their complaint. Called the court a month ago. The Clerk said they have filed and received my response, but no court date(at that time). In a moment of despair, the clerk shared that Midland doesn't have their stuff together, so if I come prepared that will be a good thing. So, trial date is set for end of January. At this point, there's the Filing and my denial. What can I do at this point? DV letter was sent prior to all of this and what I got was an account statement with name, address, and balance. What I am looking to asking in court is.... Prove I owe it. I'm not providing them anything...unless court demands it. Any specifics on how and what to deny? Show me an account listing of how you arrived at this amount Show me an original contract I signed with Midland Prove your account verifier isn't signing off on a hearsay document I'm not claiming fraud(a tactic on their part before), I'm denying I owe Midland until they prove it I'm hoping to send enough requests that it will be dropped prior. Either way, I'm ready for the court day if I have to. I've read through this forum and there are alot of great things I've copied/pasted into my Evernote file. Help!
  15. So after yet another bleary-eyed exhausting day and night of reading threads, researching, revising my Affirmative Defenses to add to my Answer in a case involving a JDB suing for Breach of Contract, Account Stated, Open Book Account, and Indebtedness, I'd like to step away from all of that for a moment to ask a serious question about Service. Is it fair to say that the right to Service, in actual fact, appears to benefit no one but the Plaintiff? I have a case dating to last year in which I was never, ever served anything by the Plaintiff, yet the case was allowed to go to trial. Everyone tells me that I waived my right to Service of the complaint by answering it (after finding out about it through a third party), but that it was also the best thing I could have done because otherwise I'd have faced a default judgment. Fair enough, I suppose (though still pretty shady). However as I understand it, even if I had somehow been able to file a motion to dismiss for lack of service prior to filing my Answer, it would have had to have been in the form of a demurrer in California, and the judge would most likely have simply given the Plaintiff a heads up and another 30 days to serve. So what's the point of setting a deadline for Service when it comes to the Plaintiff, if they're just going to be given extensions? In a more recent case, I was served, but it was a full week after the 30 day deadline. Again, if I was to file a motion about it, all I'd be doing is tying up my own time for getting in the Answer. And from what I hear on the site, if I did miss the deadline by even a day, "Holy Beejeebus, your goose is cooked now man, you blew it!" Am I wrong about this or is there a serious double-standard inherent in the system when it comes to the issue of service and proof thereof? Curious and frustrated.
  16. Hi all, I'm a new user here, and new to all of this, (hence my user name) so please forgive my ignorance, because I'm sure there is a lot of it. Anyhow, I'm in Southern California, and about two weeks ago, a man came to my house and wanted to give me papers. I never identified myself as the person they were looking for (nor did the words "served" or "you've been served" ever come out) and the man just dropped off the papers and left. Now I spent the last two weeks doing research on what to do (I don't have an income but my wife does, we don't own our house nor our cars, no really significant assets) and/or who to contact. Fast forward to today, and the same guy comes back asking for my wife. Turns out it's the same legal firm, for the same company (Absolute), for the same card issuer (Capital One), but for an amount that is about four times the amount they are suing me for ($3,200/$900). So what information should I provide here? I'm not entirely opposed to paying the debt, but I hate to line the pockets of a random junk debt buyer. The first summons was brought here on September 10th (says the summons was issued on August 29th) and then the second one (for her) brought here today (issued September 10th). I don't have the money to file an answer. We don't have much income after we pay the necessities (rent, car payment, car insurance, utilities) and our son is special needs. Not sure if that matters or not, but I heard I could possibly get the fees waived? I don't want to ignore these and have $4,000 turn into $10,000 and have wages garnished. I check the SOL and it looks like they filed the suit a few days before it was up. They attached evidence such as a statement showing my last owed balance along with a payment (both in 2010 one for each card) and a form that showed they purchased the debt from Capital One for $32 million dollars (hers said $12 million). The amount they paid for the debts is blacked out. There's also a form from the CEO of the company saying they took ownership of the debts. Our account numbers aren't anywhere to be seen, except of course on the statements. There's also a notice at the back that says we can avoid court by calling in and arranging payment, along with another series of papers asking for a reduction in the filing fee for $44. Not sure what that is about. Both cards have a combined interest/fees amount of $600-$700. Both lawsuits say a hearing is scheduled for 2017 in Chatsworth courthouse. Not sure why it's so far in advance. Nowhere on the papers does it say we have to be in court. So what are my options at this point? Please ask as many questions as needed, I will provide any information I can that will help me out. I appreciate all the help, and God Bless. I almost forgot, they are suing for: Breach of contract, account stated, open book account, and indebtedness on both lawsuits.
  17. 1. Who is suing you? The Moore Law Group 2. For how much? $21,000 3. Who is the original creditor? Capital One Bank (USA), N.A 4. How do you know you are being sued? Was Served Summons 5. How were you served? Were you served? In Person at Home 6. What was your correspondence (if any) with the people suing you before you think you were being sued? They sent a letter regarding the debt and that they were intending to collect it on Capital One Bank's behalf. They attached the last bank statement of when the account had ceased payment, along with a letter stating the same thing, which didn't show any solid proof that it was my debt. 7. Where do you live? California 8. When is the last time you paid on this account? 2013 9. What is the status of your case (if anything has been opened)? You can find this by a) calling the court or looking it up online (many states have this information posted daily). Has a case number, says summons issued, case assigned. 10. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) When they initially sent the first letter stating that they were going to collect the debt on Capital One's behalf, I replied with a letter denying the allegations, and requesting for any evidence they had. 11. Did you request debt validation before the suit was filed? If not, don't bother doing this now. Yes, and they sent a letter from the original creditor of when my account had ceased payment and a copy of the last bank statement. Other than that, they sent no other proof. There was no signature on either of the documents they sent, which seems to me that they might not even have ample evidence. 12. What evidence did they send with the summons? An affadavit? A statement from the OC? Anything else they attached as exhibits? A statement from the original creditor. 13. What is the SOL on the debt? 4 Years *I'm currently in the process of writing my discoveries and would really appreciate some guidance. I was served on October 2nd, I replied denying the allegations. They sent a letter about two weeks ago for mediation, to which I did not respond. About four days ago, they filed a Case Management Conference for me to attend in a month. I am confused as to why they are already filing a CMC so soon? I thought that happens later down the line. What should I expect from the CMC and how should I prepare for it? Should I send my discoveries before or after the CMC, if, at all? I've been reading on a couple threads that it is better to not send discoveries as it will allow them to become more prepared. So, I am conflicted as whether I should go forward with the discoveries or not, or just wait 45 days before the trial date and file a CCP 96? I'm really new to this and am not too knowledgeable about all this. Also, should I request a trial with or without jury?
  18. Hello, I'm pretty new to this site, but it has so far been quite helpful in forming a defense as I am in the process of fighting a lawsuit. Just a few weeks ago, I was feeling overwhelmed by my situation, but a little bit of research in the last week has me feeling optimistic about the opportunity that I have to defend myself. I would like some input as I move forward if anyone has information that would fit my particular situation. I am also lurking about and proactively seeking answers. I'm not 100% comfortable with putting the exact specifics of my circumstances on here, so I'm sorry if anything is a bit vague. Apologies in advance that this will be LONG. I just want to thoroughly explain. The initial contact was made by delivery of summons earlier this year. I made the mistake of calling the JDB to ask what my options are before going to court. I did not make any agreements, but I was not at all careful how I discussed the claim as I was uneducated about this type of business practice at the time. I fear that this conversation may come back to bite me in court. I did appear in court, and a trial date was set. I asked the lawyer to explain the lacking information included in the complaint, and he advised me that I would receive all the info I needed about a month before the trial date. He also advised me that they wouldn't be willing to negotiate a settlement once I "let it get that far." (Insert eyeroll.) Just as he advised, a packet arrived that seemed damning at first glance: Affidavit from JDB records keeper Bill of Sale/ Assignment of Loans (which was already included in previously delivered complaint - no account numbers, etc) Account statements (that began nearly two years after the date the alleged account was allegedly opened. Date of amt owed on last statement differs from the amt I allegedly owe) Affidavit of Sale/ Certification of Debt signed by OC (Dated over a year after the alleged date of acquisition. Obviously in preparation for litigation. Also, Google says the "Bank Officer" who signed is a Mortgage Specialist in a different sector of the parent company.) Spreadsheet with just the information of the account in question. So. I stewed for a while on whether or not I should attempt to settle as I was intimidated by the paperwork. However, I am not convinced that the debt is mine. Just concerned that I cannot defend it. I decided to attempt to verify the information by calling the OC. I was told that any of my account information was archived as I had not been an active customer in several years (I had various accounts with them over a ten-year period). I advised them of the suit against me, and I asked if they would be willing to verify information in the claim. They said they could not. I was advised that they only have a profile to store my personal information as a customer, but no information regarding previous accounts as it has all be archived. I asked for anything they could provide in terms of a contract for a credit account, and they told me they can't access anything. They advised me to request this information from anyone who was suing me as anyone who would have purchased an account from them should have all available documentation accessible. So, I decided to call the JDB to attempt to request this sort of documentation. Again, what was I thinking? This was only last week, but I know so much more now. I wish that I would've gone about this differently. I hope that I didn't say anything that can be used against me in court. I was transferred to multiple people who did their best to convince me that I just needed to shut up and pay up. That they have sent me all the validation they need to, and that a judgement is the next step if I don't pay. I asked for contact information for an attorney or someone in records who could help, and I was told there was no one who would take my call and that I should just ask my questions in front of a judge. Um. Ok, I will. Between that call and the trial date (earlier this week), I did a lot of research to see how many holes there are in the case they have presented. I'm probably countless steps behind, but I decided to file a Sworn Denial before we went to trial to have my stance made clear. I showed up to court feeling really confident, but still worried that I would not be able to effectively defend myself. Partly because the atmosphere of the court is surprisingly informal. I really like the judge. I like the way he doesn't take crap from anyone, but he is compassionate and makes jokes through the session. I was relying on my ability to appeal to his reasonable side, but I also am not confident enough in my understanding of the process to speak with authority on my concerns about the "evidence." I found myself wishing I had more time and reasonably nervous that I would be leaving with a judgement. The lawyer sat down with me prior to the trial and asked if I recieved the packet and asked if I had any questions. I told her that I have a lot of questions and also presented her with the Sworn Denial. She advised that she may not be able to answer my questions, but she would like to know how she could help. I told her I didn't recognize any of the account information, and showed her the apparent opening date of the account. I told her that I was confused about why I would only have statements from the last year the account was open and no contract to show how I would have been responsible for the account. I also asked her where the amount in the first statement that was presented came from. She simply advised me that they can't go all the way back through the account, but said she would ask the judge for a continuance in hopes that the JDB would get me the information I needed. Was I wrong to do a happy dance on the inside? It gives me a little confidence that I presented enough of an issue to keep her from being able to prove her case with the information they gave me. But now the question is, how do I effectively go on the attack? Some thoughts.. I believe I still have a couple of days to file a Motion to Strike. Based on what I've read I have 30 days in TN. I wonder if I should skip that and file a Motion to Dismiss? Should I file them both? Create my own affidavit? Send the JDB a Request for Production? I would love to threaten them with a counterclaim, but I'm not sure how much of a case I would have. I am more interested in scaring them off than I am pursuing them. I am off to do more research. If you are still reading, thanks for taking the time. TIA for any particular thoughts or similar experience.
  19. So, a JDB filed a Complaint against me about 5 months ago without ever serving me. I found out about it through other means and filed an Answer quickly, then served them with it. They still haven't served me anything, though they seem to be trying to convince the Court that they've made two attempts (which I'm sure they haven't). The first entry on my Case Summary indicates, ORDER TO SHOW CAUSE HEARING SIGNED AND FILED BY xxxx xxxxx TO SHOW WHY SANCTIONS SHOULD NOT BE IMPOSED FOR FAILURE TO FILE REQUEST FOR ENTRY OF DEFAULT JUDGMENT. MATTER CONTINUED FOR HEARING ON xx/xx/14. CERTIFICATE OF MAILING FILED, GIVEN TO RESPECTIVE PARTIES/ COUNSEL. Does the above mean that the opposition has asked for a Default Judgment and been denied until Trial or does it mean something else? Also, I'm just starting to read about filing MTDs and am wondering if this would be at all beneficial to me at this point since I've already filed an Answer? Finally, at what point should I file for Discovery? My suspicion is that the JDB does not have the documents necessary to proving legal standing, but is there an advantage to waiting a while so that they have less time to prepare their case? Thanks for any help!
  20. Hi, All. I'm currently awaiting Trial against a JDB that's suing for alleged credit card account debt in the amount of $7,xxx.xx (trial is about 7 months out). Last time I checked, they were reporting on my CR without listing as "Disputed." From what I've seen so far, the Plaintiff has jack shxx for evidence (I'm starting Discovery now to verify, but the initial Complaint was a 1 page form with no documentation at all). I'm wondering if it's worth shelling out the cash for another CR to see if they are still listing without the "Dispute" in order to use it as a bargaining chip to see if they'll drop the case (i.e. - threaten to sue them for violation of FCRA rules). Since it doesn't seem like they have much of anything, I'm wondering if the threat of a return suit might just convince them to cut their losses. Or, could they just wiggle out of it by adding "Disputed" to the CR after I point it out? Anyone have any experience with this? If so, is there a thread here that I could follow for this process? Thanks everyone!
  21. Hi, All. I was recently served a Summons in a case lodged by a JDB and the attorney representing them. Included is a "DECLARATION IN SUPPORT OF REDUCED FILING FEE" form signed by the attorney. One of the clauses listed on it is as follows: "4. Under Business and Professionals Code Section 6322.1©(1), where a claim for money damages falls within the monetary jurisdiction of the small claims court and is filed by an assignee who is prohibited from filing or maintaining a claim pursuant to CCP 116.420, the filing party is entitled to a $44.00 reduction from the uniform filing fee." I'm sure this is probably nothing that I can use as ammo, but want to be sure I'm not missing anything. Does anyone know what this is about? Obviously, the enemy got a fee reduction, but I'm not sure why. This case is in California, BTW involving $3,xxx.00 in alleged debt. Thanks!
  22. IS MY COMPLAINT VERIFIED? Hello all! So, I've been looking through these forums and they just seem so awesome and helpful! I've been searching for a case similar to mine and I believe I found a very helpful one here: http://www.creditinf...a/#entry1202922 BUT… I need to know If my complaint has been verified. The filed Complaint itself has no mention of the statement "I declare under penalty of perjury of the laws of the State of California that the foregoing is true and correct this date…" - the only place where that statement is present is on the Statement of Venue - so is this considered as a verified complaint? All that is present in the Statement of Venue is: I, the undersigned, hereby declare that: (1) The contract herein sued upon is hereinafter called and referred to as "the contract". (2) This action is filed in the judicial district in which: One of the defendants currently resides. Is this a verified complaint? Thank you all so much for your help!! P.S. I'm still looking into when my last payment was and I will update by tomorrow with that info. 1. Who is the named plaintiff in the suit? Cavalry SPV I, LLC. 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Winn Law group 3. How much are you being sued for? $2563.46 4. Who is the original creditor? (if not the Plaintiff) FIA Card Services, NA/Alaska Airlines (Bank of America) 5. How do you know you are being sued? (You were served, right?) 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? I believe so. Process Service Requirements by State - Summons Complaint 8. What was your correspondence (if any) with the people suing you before you think you were being sued? None. 9. What state and county do you live in? Sacramento County, Sacramento California 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) 11. What is the SOL on the debt? Since its Bank of America I believe that it's 3 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). Summons Filed - Proof of Service of 30-Day - Summons and Complaint filed as of 4/10/14 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. And 'tis too late. 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? Have 30 days from 4/10/14 - or is it from the day I was served, which was the 4/8/14? Claiming that no part of the $2500 debt was paid to the plaintiff. "Within the last 4 years, Defendant became indebted to original creditor (see answer to question 4) in the sum of $2563.45 for money lent to or paid out… Neither the whole or any part of the above sum has been paid. Judgments prayed for by plaintiff: (1) Principal of damages in the sum of $2563.45 (2) Costs of Suit (3) Such other relief as the Court may deem just and proper. No 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 affidavits, no statements from OC, no contract, nothing attached as an exhibit Again, thanks so much for your help!
  23. I sent a 623 Letter To Bank and They Responded account was sold another bank. Direct Merchants Bank was who I filed dispute with. Got a letter back from HSBC stating account sold to a JBD, They ask me to direct inquiries to the JBD. What now? I was disputing the debt that appeared on my credit profile, the amount and date of last payment. Help!
  24. Hello, I am getting sued by a JDB (this bill was paid it full 3 yrs ago, thru freedom financial solutions to Brachfeld law group - I was told they did not cash one of the last checks that was sent to them- funny but they cashed the larger check that was sent after that- the one check that they didn't cash was only for 130.00- and I have the records from freedom financial solutions where I paid them) it has been sold since then to serval different JDBs, I just got a 30 day notice from Hunt & Henriques, I am now wondering what steps I should take? how do I write a standing? should I hire a attorney (which I can't really afford) or? the Total Settlement Amount was: $1,309.00 of which I paid all but ,the 130.00 check that they didn't cash. now they want just over 2,000! Thank you for your help
  25. Does anyone know if I can use the fact that the jdb has reported a larger amount owed on my credit report than what they are sueing for? (They are suing for the amount on the only statement they provided.). Answer is submitted and pre trial is in 30 days. No standing was used as well as failure to state a claim.