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So, I was served yesterday... --------------------------------------------- 1. Who is the named plaintiff in the suit? Unifund CCR, LLC 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Kenosian and Miele 3. How much are you being sued for? $2,XXX.XX plus interest, plus attorney's fees, plus cost of suit, plus other such relief as is fair 4. Who is the original creditor? (if not the Plaintiff) Citibank 5. How do you know you are being sued? (You were served, right?) Summons delivered at door (my boyfriend got it, since I wasn't home) 6. How were you served? (Mail, In person, Notice on door) 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? The first letter on 01/22/13, I sent a DV letter within 30 days, in response they sent a copy of statements from 2009 on 4/29/13 (and the amount on the statement was different than the amount they are trying to collect), then they sent the intent to sue on 5/15/13. 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) Per the complaint, 11/2009 11. What is the SOL on the debt? 4 years 12. What is the status of your case? Suit served? Motions filed? Case intake and summons 13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) No but I probably should have. 14. Did you request debt validation before the suit was filed? Yes 15. How long do you have to respond to the suit? (This should be in your paperwork). 30 days 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? The only thing is a note of Verification from the Attorney (Miele) of Unifund that all statements in the compliant are true and correct. And it is not signed. The verification reads: I am the attorney for the plaintiff...., a party to this action. Such party is absent from the County of Los Angeles where attourneys have their offices, and I make this verification for and on behalf of that party for that reason. I am informed and believe and on that ground allege that the matters stated in the foregoing document are true. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed under the laws of the State of California at Los Angeles, CA on May 15, 2013. Then is says signature (but it's not signed) and his name. --------------------------------------------- I know the next step is to file a sworn denial. A very similar case was posted and the question came up as to whether a general denial would be enough? Does anyone have insight to this? ...29 days and coutning to file my denial (and do it right). Thanks in advance for your insights!
Here is a copy of the complaint Plaintiff, MIDLAND Funding LLC Assignee of GE Capital Retail BANK/ SAMS CLUB by and through it undersigned attorneys,sues Defendant ME and alleges: Jurisdictional and Factual Allegations 1. This is an action for damages that does not exceed $15,000.00 exclusive of court cost 2. Upon Defendants request GE CAPITAL RETAIL BANK/SAMS CLUB (herein after the "Original Creditor" established a credit account in the name of the defendant, ME, and issued a credit card to same defendant 3. Plaintiff is the assignee of GE CAPITAL RETAIL BANK/SAMS CLUB. Account Stated 4. The Defendant had a revolving credit card account(s) ("The Account(s)") with the Original creditor and used the account(s) to obtain purchases and/or cash advances and, as a result, became indebted in the amount of $5,854.45 to Plaintiff. True and correct copies of Plaintiff's record of the account is attached hereto as Exhibit "A" 5. Plaintiff provided monthly account statements tot he Defendant reflecting,among other information, transactions to the account(s) since the preceding billing period, the total amount due on the Account(s), and the minimum payment(s) due. 6. The defendant did not object to the aforementioned account statements 7. The defendant owes Plaintiff $5.854.45 and cost of suit Wherefore, Plaintiff, MIDLAND Funding LLC Assignee of GE Capital Retail BANK/ SAMS CLUB, respectfully request entry of judgement against defendant ME in the amount of $5,854.45 and court cost
Hello We have yet to be served but my wife and I have found that a case has been filed against us by a JDB. It is filed against my wife who is the primary on the CC, but not myself. It is a jointly held CC. Will/can they turn around and file against me as well?