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  1. Does anyone know where I can find examples of Trial Brief(s) and Declaration(s) in Support of Defendant's Trial Briefs for the following Causes of Action? Common Counts: 1. An open book account 2. For money had and received by defendant for the use and benefit of plaintiff. for work, labor [yes, that's really how they listed it in the complaint] 3. For goods, wares, and merchandise sold and delivered to defendant and for which defendant promised to pay plaintiff 4. For money lent by plaintiff to defendant at defendant's request 5. For money paid, lent out, and expended to or for defenda
  2. I apologize in advance if proper procedure to post for help isn't followed ... After researching so many forums, I'm quite lost. So here goes ... We currently have several credit cards that are in default approximately 18 months. Really wanted to not do a BK, but looking into it just in case. Had wanted to settle the debts. but with different creditors, sold to multiple JDB, this is well, overwhelming! Recently was served notice of request for judgement from Portfolio Recovery Associates for a Citibank/Sears account. 1- filing was not in proper county of residence against us. - As such, we
  3. 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 disc
  4. 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? Washingto
  5. For anyone not familiar with my case, you can read up on it here: 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
  6. 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
  7. 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
  8. 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 t
  9. 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 cred
  10. 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 o
  11. 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
  12. 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, CF
  13. 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.
  14. 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.
  15. 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 yo
  16. Ok, I've gotten into a rhythm of Answer and dismissal on SOL 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, th
  17. 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. Everyo
  18. 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 significa
  19. 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
  20. 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 a
  21. 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. CERTIFICAT
  22. 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 t
  23. 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 s
  24. 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 considere
  25. 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!