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  1. I am another victim being sued by JDB --Midland Funding LLC and I need some help. I have been reading these forums and my eyes are bleeding. I was hoping for some specific guidance. I am trying to draft me answer as my 30 days will be up on 8/28/2013 -- I have read and bookmarked many posts by some who have won cases, but they are in other states or I have not received the exact clarity I need. I do not want to hire an attorney, because I want to fight this and win, and the firm I am considering has a 40% success rate??!! I have dowloaded the ANSWER PLD-C-010 however, I am uncertain as to the proper verbage used how to draft it so that it is a "winner" Which part of the "Complaint" do I answer to? the First Cause of Action? Items 13-16 before they pray to the court to ream me for $10K? I really need some help as I am a single mother with no means to pay or settle this lawsuit. I am working on my answer -- but the ones that I have seen samples of are so long, and I am unsure as to write for affirmative defenses as well. Any guidance is much appreciated.
  2. I was recently served summons for a lawsuit filed by CA more than 370 days back. This is in California court in Santa Clara county. The summons I receive show the date lawsuit was filed as May'2012. The CA is Hidden Oak Group, Inc, represented by an attorney in San Francisco with P.O. Box as address. I knew they had filed the complaint because I got unsolicited offers from other consumer law practicing legal firms informing me about the lawsuit, as usually happens. Since they never served me, I did nothing. According to California law for limited civil cases (collections) the plaintiff is suppose to serve within 180 days. I have lived in the same place for past 10 years, so they can't claim they were not able to find me. Before they filed the lawsuit, I had sent them DV letter to which I received no response. Instead after a few months they went ahead and filed a lawsuit. I found summons left on on my door 370 days after the case was filed. What are my options. At first reading it appears to me that this is not valid summons since it is beyond 180 days. They also didn't respond to my DV letter which was sent within 30 days of receiving first letter from them in Jan'2012. I had asked them to cease and desist calling me on my number, yet they continue to contact me by phone for several months after receiving cease and desist + DV request. In Feb'2012 I had to file emergency BK petition to stop foreclosure. I didn't follow up on the BK and it was discharged after 21 days. As part of the petition I had listed all the CAs at the time. I remember receiving letter from BK court that they couldn't contact the Hidden Oak Group, Inc. Other CAs who had filed lawsuits against me in 2011, filed motions to dismiss the lawsuit without prejudice, within a month of my BK petition. Interestingly only contact information I have of the Hidden Oak group is of their attorney. There are several complaints on the net on how others have not been able to reach them on the their NY contact number. In Summary: 1. No response to DV 2. Continued to contact me after Cease and Desist letter asking not to contact me by phone. 3. Filed lawsuit in California superior court in May'2012 but didn't serve summons in timely manner 4. The server left summons on my door with date of June'2013. The case filing date on the summons is May'2012. Is the CA is just trying to shake me down by serving invalid summons? Or trying to avoid court sanctions nder Rule 3.740(e)? What action can I take against the CA and its attorneys? Clearly they are in violation by not serving the summons within 180 days.
  3. So in the last few weeks or so I have been getting phone calls with the occasional message asking to me to call back due to “an urgent matter” that I need to address right away/or that day. Then my work office gets a call from a someone who calls themself a “process server” who is gathering information to locate me for a summons, ask for the office supervisor and is letting the office know he/she may substitute serve there – and I get the following message “Call CCS & Associates, at phone number xxxxx.” Same person then reaches me by my cell phone (caller ID blocked), identifies themself just with a first name, asks if I have called CCS yet - that he/she is prepping to serve me, something about change of venue, and letting me know I can get ahead of this by making arrangements on my own. My response is I don’t know what it’s about it (I don’t). I ask directly if lawsuit has been filed, they say no. I checked our court system in San Diego, nothing in Civil or Small Claims for them – nothing in Orange County either (where CCS appears to be located) – what’s with the change in venue talk? This person totally plays the “good cop” routine, saying they doesn’t enjoy serving people at work, but that’s what they’ll have to do if they can’t locate me at home > substitute service to my supervisor…wants to avoid embarrassing anyone…etc. Encourages me to call CSS, wishes me luck. I don’t know what it’s about; I’ll have to check old mail to see if these people have sent me anything. In the meantime, get another phone call – this time from CCS – new person (new voice for sure) leaves a message “Mr. Blah, this is the Finalization Dept with CCS. Tried reaching you about a claim filed with our office…you need to call us right away - if you don’t, this may result in further action being taken with “name of my company”, you can call us at xxx-xxxx. Wish you luck (again)” Definitely feels sketchy. Process server giving me a heads up I may get served soon? Change in venue talk? I don't know if they have actually threatened me here in regards to embarrassment at work if/when they serve me - feels like they've kept it vague. Anyhow I'm planning on looking thru all mail in the next day or two, see I can figure this out. Maybe this is new, maybe not. But I'm curious what people think about this type of behavior by a collection agency? I'm prepping to keep detailed records about their communication attempts as I feel they may/will be harassing me/possibly violating the FDCPA.
  4. *UPDATE - UPDATE - UPDATE* Looks like Midland is requesting to dismiss the case! See Post #20... Ok, my trial is set for May 24, 2013 (Civil Trial Assignment). Seventeen days away. I've pretty much done things half-heartedly up til now - and now I'm a mess. Yes, my own fault in not attacking this thing head on. Today I tried to file a Graduated Sworn Denial on Account and the clerk said that "Never seen one of these before, this looks like an Answer...we can't file this" she had me confused when I left the courthouse empty handed and back home feeling downtrodden. Since I don't feel like I know enough and time is short (still working on My MIL and Trial Brief with help from ASTMedic and Aticnib's great posts) I'm beginning to wonder if it's realistically too late to win with any possibility and maybe I should bluff my way to a greatly reduced settlement. Question #12 in my Q&A below explains what I've done/sent so far. Where do I go from here? What should I do. I'm lost. Any responses or help is so greatly appreciated! (scared in Sac)... Pint
  5. Hello and thanks for your attention. I am ALSO in quite a pinch. Im new in this forum (my first forum ever) and i'm not exactly computer literate. I am also in quite a dilemma and have procrastinated to long on this matter. I cannot afford a lawyer at this time ( very long boring story, i'll save you the violin and drama) . Anyway after finding this website, i'm now feeling much more confident in moving forward in answering the complaint.( thanks to all you) Please see the following info as I greatly appreciate all your time and attention. I must answer this complaint by this tuesday( two days from now) . am am nervous an kinda going in circles on this website and forum. I sure hope I am posting this in the correct place? I have recently obtaind my credit report, it got charged off.....then i called the credit card directly and asked "whats the status of that acccnt'' and a woman said "it is no longer with us and it has been placed with an agency" and said "its placed with American Alliance of creitor Attny" .... However, i have been recieving letters and voice mails from Nelson and Kennard, whom mentiones themselves as a debit collector, has been leaving messages on my cell phone for over a year now... here goes.... 1) Who is suing you Attny Robert Scott Kennard, s.b.n. 117017 Nelson & Kennard Sacrememnto CA Attny for US Bank National Asscoiation Plaintiff : US BANK National Association ND Defendant : Me "does one to 10" 2) How much? This 'complaint' is for over $10,000 and under $25,000 3) original creditor was US Bank 4) How do i know im being sued? papers were personally served 5) how was i served? Papers were served to myself at my parents house where i 'sometimes' reside. I lost my house in a short sale last year. 6) What was my correspondence w the persons suing me? No contact with the plaintiff/ attny. I only recieved mailings to my PO Box and never replied to them or any telephone calls. 7) Where do you live? San Diego CA 8) The las time i paid on this acct was approximately two years ago ( guestimate) ... The account was opened up in 1996. 9) What is the status of my case? I was served a summons 3.5 weeks ago, my response(answer) is due on tuesday. 10) have you disputed the debit w the credit bureaus? both the original creditor and the collection agency? I have not disputed it with either. 11) did you request debit validation before the suit was filed? no 12) Does you summons require a response in writing? I believe so, It states "defendant must generally appear within 30 days of service of complaint" so im working on putting together a 'general denial' as i think this would be my next step. 13) What evidence did they send with the summons? An affidavit? A statement from the OC? Any attached exhibits? Nothing to my knowledge. of course except for the 'generic' info stating who,when , where, why, etc... Plaintiff is US BAnk National, action is a limited civil case, some wierd stuff about each defendant is a natural person " Does are unknown to plaintiff" 1-5 and 6-10 are persons are whose capabilities are unknown to the plaintiff( something wierd) And the causes of action are 'common counts' . and that other allegations " prior to commencement of this action, the defendendants were informed in writing that if an action were commenced, the plaintiff may recover its court costs, where allowed by law, in aditional to principal and interest otherwise owed".... then the next page "CAUSE OF ACTION"-"COMMON COUNTS" as an attachment to complaint states that i became indebited within the last 4 years for an open book and that it was stated in writing and agreed. ( they didnt check off the box that said 2 years, they checked it off for 4 years FYI) for "21,000 is due and unpaid despite plaintiffs demand, plus prejudgement interest".....then after that they didnt check off the [ ]according to proof [ ]at the rate of_________percent per year from date;_______ ( kinda wierd how they left these blank? 14) what is the SOL on the debit? Well, i think i last made a payment 2 years ago( guestimate) however i have had the account since 1996. So, there;s my complaint inna big nutt-shell......im working on printing the general denial form PLD-050 and the proof of service form POS-030 and get buisy, like QUICK buisy. I do have some questions...... 1) since the complaint is not verified....i can go ahead and fill out the general denial form and use that form for my 'complete' answer? do i put the affirmative defences right on that form? What affirmative defences should i use? (or do you advise that I use) 2) I understand that I must deny the allegations except for mu name and their name .....but do i also do the request for discovery at the same time as my answer? or later? ( i just need to stay focused on what i absolutely need to accomplish at this moment and worry bout the next step later) 2) Request a BOP right now? I think this is a scumm bag collection company.....and i dont know even if or how they are 'exactly' related to the OC, if at all? PLEASE HELP! Sincerely submitted, California Guy
  6. Hello, I'm being sued by Hunt and Henriques for about 2,600. The original company was HSBC and the original debt was about 1,900. I have 30 days to report back to the court. Should I try to file for arbitrations through JAMS or is there another option that I should look into? The account will be about 4 years old next year. Any help will be most appreciated. I'm a newbie here.
  7. Hello all:) i need help with this:( ---- how can i reply? can i deny the claim? please help, thank you! ------ Unifund CCR, LLC, a limited Liab. Co. VS (me) 1. plantiff is a LLC. 2, each named defendant is a natural person. 3. the true names and capacities of defendants sued as DOES 1 to 5 are unknown to plantiff. each fictiously named defendant is some way responsible for the occurances alleged here and proxomately caused plantiffs damages. 4. each named and DOE defendant was acting as the agent or employee of the other defendats. 5. this is a proper court under C.C.P. sections 395a & 395b because a defendants resides in this district. this action is not subject to C.C. 1801 et seq. 6. before filing this lawsuit, plantiff purchaised all rights , title and interest in the obligation upon which this suit is brought and is the sole owner of the account. 7. the above statments apply to the following causes of action. First Cause of action - Breach of contract 8. on or about 06-10-08 , CITYBANK, NA and defendfat entered into an agreement for the issuance of a credit card which defendant requested, a credit card now bearing account number ending xxxxxxxxxxxxx7890 was issued to defendant. this cc account granted defendants credit privileges in purchaising goods and services and or receiving chash advances. 9. defendant accepted the written card holder by using the credit card, paymetn for the charges incurred was to be made in accordance with monthly billing statements sent to defendant. 10 on or about 10-29-09 defendant breached the card holder agreement by failing to make monthly minimum payment due. 11. plantiff and the original have performed all of their obligations to defendant except those oblogations plantiff or the original creditor were prevented or excused from performing. 12 plantiff suffered damages legally and proximmately caused by breach of the card holder agreement by defendant by that defendants left due owing the sum of 5003.31 with interest thereon. although demend has been made the amount prayed is due owing and unpaid. 13. pursuant to agreement or statue, plantiff seeks reasonable attorney fees according to proof. SECON CAUSE OF ACTION - COMMON COUNTS. 14. Defendants and each of them became indepted to the original creditor, CITIBANK, NA within the last four years: a. on an open book account for money due and b. because an account was stated by and between the original creditor and defendant in which it was agreed that defendant were indept to the original creditor. 15. plantiff also alleges that each defendant became indept to CITIBANK, NA, within the past four years: a. for money lent by the original creditor to defendant at defendants request, and b. for manory paid, laid out and expended to or for defendant at defendants special instance and rquest for the defendants use and benefit. 16. the sum of $5003.31 is due and unpaid despait plantiffs demend, plus prejudgment interest to proof. PRAYER wherefore, as to all causes of action, plantiff prays for judgment as follows: a. Damages of $5003.31 b. interest from and after 04-08-10 according to proof; c. attornays fees according to proof; d. costs of suit; and e. for such other relief as is fair, just and equitable. feb.2013 ----------- verification is attached as well.
  8. Hi Everyone, A BIG thank you for all of you who have been so helpful thus far. I hope and pray you are all doing well. I have started a new thread for this part of my journey against Asset. Here is a link to previous post: http://www.creditinfocenter.com/community/topic/319510-asset-acceptancehsbc-summons-received-in-mi-next-step/page-2 I filed my answer March 22. received the Notice to Appear for Pre-Trial conference on April 29. With my answer I submitted the DV letter I had sent (regular mail, I know, STUPID!!), so the Judge will at least know I had done something. I heard from peanutrs that I should file an affidavit, as stated: "Just want to make sure you do your own AFFIDAVIT and make sure you file it right away. If you don't respond (file) an affidavit denying everything, then it is easy for the Plaintiff to get a "account stated" claim." If this is something I need to do, let me know. I thought that filing my answer denying all, and affirmative defenses, along with the DV letter I had sent out was all I needed to do until I received the Notice for the pre-trial conference. What should I do to prepare for the conference as far as paperwork and such? Thanks again, buddyapple
  9. I received a summons for a limited collections from Blier & Cox in Encino California (representing Capital One). I need to deliver my ANSWER CONTRACT back to the court in a few days. How can I answer this as generally as possible?. I need to request discovery before a case management meeting. Please help ASAP Thank you. Here's my story: 1. Who is suing you? the Law Firm of Blier & Cox in Encino CA 2. For how much? $12,500 3. Who is the original creditor? Capital One 4. How do you know you are being sued? A summons was served on March 7 5. How were you served? By serving company (but it was not served to me and was never mailed) 6. What was your correspondence (if any) with the people suing you before you think you were being sued? NONE 7. Where do you live? Contra Costa Country Northern California 8. When is the last time you paid on this account? Approx. LESS THAN A YEAR AGO 9. What is the status of your case (if anything has been opened)? I've called the County Court Department that was assigned the case and they told me to return my answer contract and a case management meeting would be the next step 10. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) NO 11. Did you request debt validation before the suit was filed? YES 12. Does your summons require a response? Yes, I must get this to the court in 2 days! Received it late because I was not here to accept it and never got it in the mail. If you don't get a questionnaire with your summons, you are still probably required to answer it in writing. We need to know what the "charges" are. "Complaint for Money" BREACH OF CARDHOLDER AGREEMENT 13. What evidence did they send with the summons? An affadavit? A statement from the OC? Anything else they attached as exhibits? NONE 14. What is the SOL on the debt? 4 years
  10. Hi Everyone, Linda7 has asked me to start a new post on my situation. ANY sound advice would be of great help. This is the last collector I have after me. My others have been settled, with 1 judgment awarded. My current open accounts are up to date and in good standing. THANKS! I'm here in MI, and I'm in the same boat as blindspot99. Here is his post: http://www.creditinfocenter.com/community/topic/319237-asset-acceptance-vs-me-michigan/ The only difference is that mine is an HSBC card that AA got ahold of. Around 9K. I have about 12 days left to respond to the summons/complaint. I am currently checking on my CC origination date to see if JAMS can be used. If not, would I be better off just trying to fight it in court rather than the other arbitration methods? I could pay the fees to begin, but I don't know if I would have the money to pay if an arbitrated amount was awarded, it would just be hoping they would back off before going through it. What would happen if I wasn't able to pay the arbitrated amount? I did send a request for DV back when I first received their initial letter, but sent it regular mail and can't find any of the paperwork. I may have contacted them in May 2012 when I was trying to settle some other accounts, and they wouldn't go below 50%. I do not know for sure.The other 3 settled for 15-20% and I settled those. I have 1 judgment from 2012. Was not aware of the things I am becoming aware of now or I would have at least filed an answer and appeared. Maybe delayed the judgment a little at least. I'd like to go the same route he's thinking about, using Savoir's simplified guidelines. I agree I think it's best to keep things simple with the answers, while giving them the impression I have some idea what's going on. Challenging them to produce OC documents and such. Where my argument would head would be in their Exhibit B (account) page on my summons where they state in the account Info window that they are an "ASSIGNEE of HSBC Bank Nevada, OR ITS SUCCESSOR IN INTEREST." Yet they state a PURCHASE DATE of 1/2011. How can you be BOTH an ASSIGNEE and OWN the debt? Either you are assigned the debt to collect by the OC, or you purchase the debt outright from HSBC and are colecting it for yourself, RIGHT?? It would be like buying a car private party, then, when you have an accident, tell them that you were assigned the car by the previous owner! Would that be considered a fraudulent statement? Anyway, I'm unclear on trying to use the Arbitration route if I proceed with answering the complaint. I need to know if I still have have the option if I file an answer to the complaint or not. I would like to keep that arbitration option open if they decided not to drop the lawsuit. How would I intergrate that into my answer. If someone could help me I'm using Saviour's template, but need to know what else to put after his ends to make it a complete document for filing. So glad I found this forum, wish I had found it earlier. Thanks and blessings to all of you who give your sage advice and guidance here!
  11. The cause of action listed are 1. Account stated and 2. Money Lent Paragraph 1. The true names and cpacities of Defendents herin sued by the fictitious names as DOES 1 to 10, Inclusive are unknown to Plaintiff, who therefore sues those Defendents under, pursuant to, and in accordance with the provisions of Section 474 of the Code of Civil Procedure. Plaintiff will ask leave of court to amend this complaint as and when the true names and capacities of Defendents named herin as DOES 1 to 10 have been ascertained. Paragraph 2 At all times herein mentioned, Defendants, and each of them, were agents, servants and employees of each other and every remaining Defendant, and in doing the things alleged were acting in the course and scope of said authority of such agents, servants and employees. 3. Plaintiff is now and was at all times herein mentioned a limited liability company authorized to do business in the State of California. 4. Plaintiff is informed and believes and thereon alleges that Defendant XXXXXXX AKA XXXXX is an individual who resides in the City of XXXX, County of Los Angeles, State of California. 5. Before commencement of this action, in those cases where recovery of costs is dependent on such notices, Plaintiff informed the Defendant(s) in writing that it intended to file this action and that this action would result in a judgement against Defendant(s) that would include court costs and necessary disbursements allowed by C.C.P. 1033( (2). FIRST CAUSE OF ACTION Account Stated (Against All Defendants) 6. Plaintiff repeats and repleads and incorporates by reference the allegations made in Paragraphs 1 through 5 of this complaint. 7.On July 31, 2009, defendants were indebted to the original creditor xxxx in the sum of $x,xxx.xx on an account stated in writing. This xxxx account was for credit card purchases and/or cash advances and Defendant was billed monthly and failed to dispute as required under Federal Fair Billing Act applicable to such account (15 USC 1666 et seq.) 8. Prior to filing this complaint, all right, title and interest in the agreement which is the subject of this lawsuit, was sold and assigned by the original creditor, xxxx to CAVALRY SPV I, LLC. 9.Plaintiff made demand on defendants for payment of that sum, but no part of that sum has been paid to plaintiff, and the entire amount is now due and unpaid. 10. The payoff on this account as of July 31, 2009 is x,xxx.xx, plus interest will continue to accrue at the rate of 19.990 from July 31, 2009. SECOND CAUSE OF ACTION Money Lent (Against All Defendants) 11. Plaintiff repeats and repleads and incorporates by reference the allegations made in Paragraphs 1 through 10 of this complaint. 12. Within the last four years Defendant became indebted to original creditor xxxx, in the sum of $xxxx.xx for money lent to or paid out for the benefit of Defendant at his/her request, based on Defendant use and benefit of his/her account. 13. Neither the whole nor any part of the above sum has been paid , although payment has been demanded, leaving a balance due, owing and unpaid to Plaintiff in the principal amount of $xxxx.xx, plus interest at the rate of 19.990% per annum, and costs of suit.
  12. Good morning Good people, I am hoping that someone here can help. I have spent the last 10 of my 20 day notice to respond researching the boards to find the right way to properly submit my ANSWER and list the proper defenses. While I have found some wonderful information on here, I am also thoroughly confused because some of the info is conflicting ( i.e. affirmative defenses or not). So, I figured I'd bite the bullet and ask for some direct help. Please see below for my case information. 1. Who is the named plaintiff in the suit? CACH, LLC - 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Al Smith P.C ( name shortened) 3. How much are you being sued for? 25K+ 4. Who is the original creditor? (if not the Plaintiff) Bank of America 5. How do you know you are being sued? (You were served, right?) Received Summons 10 days ago 6. How were you served? (Mail, In person, Notice on door) In Person 7. Was the service legal as required by your state? Yes, as far as I know 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? I sent C&D Letter and Validation Request 9. What state and county do you live in? Delaware County, PA 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) 7/14/ 2010 11. What is the SOL on the debt? I believe 4 years for PA 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). Complaint Filed - Feb 2013, Arbitration Hearing Scheduled for Nov 2013 13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) Yes, but only recently because CACH and BOA are both listed. BOA says "sold" and CACH says "in dispute" 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. Yes, they sent me 2 account statements, one showing last payment and one showing 7 months past due(Feb 2011) 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? 20 days - only 10 left 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. - 2 account statements - a ( illegible) Certificate of Purchase - a (illegible) Bill of Sale and assignment of Loans "alledgedly" from BOA - BOA Privacy Policy and Credit Card Agreement - Verification, again illegible, that states that someone (cant make out their name or signature) alledges this information to be true and factual. My questions are: 1.) How do i respond? What should my Answers entail? Should I include Affirmative Defenses? 2) My cardholder agreement states that arbitration through NAF is mandatory but if thats the case why does my complaint state that i am being sued in court? Should my answer be different for Arb than Civil Suit? 30 After I file an answer, what do I do next? Ask for Discovery? How do I do that, is that a letter to them or to the court? Any help that any of you can provide woul be greatly appreciated. Thanks
  13. This site is awesome, I am really feeling so much less stress since finding it! In 2008 my business failed leaving me in a situation where, looking back I should have filed Bankruptcy. All debt in my name. Currently I owe over $300K in debt, with no assets (only about half shows on credit report). Now I am back on my feet with a decent job (making about 100K a year) in Southern California. I just got served with summons and wonder my options. Here are the details of my situation: 1: Served by Pride Acquisitions (NY) regarding my Chase Credit Card for $39,000. Its a charge off. (Card in my personal name) on 1/26/13 in person 2) Last payment was probably Dec 4, 2008, on original balance of $25K . However it could have been as late as Jan 4 2009 since it was an auto payment out of a business account 3) Credit Card Statement attached to summons was from Aug 2009. I located some statements from 5/08 through 10/08. 4) Only real property I have is a old second vehicle…oddly enough I JUST purchased a car 3 days ago 5) I am on a court ordered payment plan for a Spousal support settlement through April 6) I have never talked to Pride acquisitions , however they have left me voicemails. 7) Summons was filed 1/23/13, however the Lawyer in NY dated it Dec 19th. 8) The account was one of two main used for business and over 6 years 2002-2008 or so (in which I paid over $35K in INTEREST at 27%...crooks) so it will have a TON of charges. I am wanting to clean up my credit and considering a lawyer, however I want to know what is fair and what I can do on my own. My divorce lawyer ended up hitting me with $4000 in fees when I met with him once and ended up settling with my ex the next day. He only met with me for an hour and wrote the settlement which looked like a template. It seemed very excessive, so I am a little leery of being ripped off. My questions are: Im assuming I should first File an answer. There are 14 points. Do I go point by point (pld 010) or just do a general denial? (PLD 050). Do I need to send a proof of service in California? Can I mail it, or do I need to go to the court? Should I try and get it thrown out? Should I also file a BOP? If I get a lawyer what are reasonable fees? Can I sue them back to cover the fees? There are 6 out here that do it. One said he deals with Pride LLC all the time. My concern is if I settle or get a judgment, this may start a windfall of creditors hitting me up. Plus I think I make too much to file bankruptcy now. Thanks in advance everyone
  14. Hi, i'm new to this forum and i'm in desperate need of help! I've been served by the Main Street Acquisition Corp who's predecessor in interest is HSBC Bank Nevada.The summons was filed by Nelson & Kennard, Robert Scott Kennard, S.B.N. 117017 who is representing Main Street Acquisition. I've researched online about Main Street Acquisition and they are a collection agency that buys debt and sues the people. I searched online on how to respond to the summons and read articles saying to write a letter (below is the letter I wrote to respond to the summons) to request for documentations to prove what I allegedly owe and how MSA came up with the amount that I allegedly owe. I also read online that a lot of people saying that they won just by responding to the summons by writing the Request to Validate a Debt. I went to the court clerk to file a response, but the clerk said that my letter is not valid and they don't accept it. She said I needed to file legal papers. They said I need to hire an attorney and file the same paperwork as the summons I receieved. I do not know what to do, I am being sued for $1,261. Can someone or a lawyer please help me out?? It would be greatly appreciated!!! 1. Should I just call the Main Street Acquisition Corp and pay off the debt? If I call the plaintiffs attorney to pay off (the summon only has the attorney info and no info for Main Street Acquisition), do I need to somehow respond to the summons with the court? Can anyone help me explaining this process? 2. Is it true that the letter I wrote is not valid to respond to the summons? Do I have to hire an attorney to file the response? How come the internet, people wrote that they were able to reply by only mailing a Request for Debt Validation letter? 3. Is there any other way to beat this without hiring a lawyer? LETTER I WROTE TO RESPOND: DEFENDANT: name address PLAINTIFF: name address Re: To Whom It May Concern: I am sending this letter to you in response to a summons I received from you on date. Be advised, this is not a refusal to pay, but a notice sent pursuant to the Fair Debt Collection Practices Act, 15 USC 1692g Sec. 809 ( that your claim is disputed and validation is requested. This is NOT a request for "verification" or proof of my mailing address, but a request for VALIDATION made pursuant to the above named Title and Section. I respectfully request that your office provide me with competent evidence that I have any legal obligation to pay you. Please provide me with the following: Provide copies of all documents or correspondences of what the money you say I owe is for; Explain and provide all documents or correspondence to show me how you calculated what you say I owe; Provide copies of all documents or correspondences that show I agreed to pay what you say I owe; Provide a verification or copy of any judgment if applicable; Identify the original creditor; Any and all copies of documents or correspondence from the Defendant to Plaintiffs predecessor in interest regarding the HSBC Bank Nevada, N.A. charge account Any and all copies of documents or correspondence from Plaintiffs predecessor in interest to the Defendant regarding the HSBC Bank Nevada, N.A. charge account Any and all copies of documents or correspondence from the Defendant to the Plaintiff regarding the HSBC Bank Nevada, N.A. charge account Any and all copies of documents or correspondence from the Plaintiff to the Defendant regarding the HSBC Bank Nevada, N.A. charge account Prove the Statute of Limitations has not expired on this account; Show me that you are licensed to collect in my state; and Provide me with your license numbers and Registered Agent.If your offices have reported invalidated information to any of the three major Credit Bureau's (Equifax, Experian or TransUnion), said action might constitute fraud under both Federal and State Laws. Due to this fact, if any negative mark is found on any of my credit reports by your company or the company that you represent I will not hesitate in bringing legal action against you for the following: Violation of the Fair Credit Reporting Act Violation of the Fair Debt Collection Practices Act Defamation of CharacterIf your offices are able to provide the proper documentation as requested, I will require at least 30 days to investigate this information and during such time all collection activity must cease and desist. Also during this validation period, if any action is taken which could be considered detrimental to any of my credit reports, I will consult with my legal counsel. This includes any information to a credit reporting repository that could be inaccurate or invalidated or verifying an account as accurate when in fact there is no provided proof that it is. If your offices fail to respond to this validation request within 30 days from the date of your receipt, all references to this account must be deleted and completely removed from my credit file and a copy of such deletion request shall be sent to me immediately. I would also like to request, in writing, that no telephone contact be made by your offices to my home or to my place of employment. If your offices attempt telephone communication with me, including but not limited to computer generated calls or correspondence sent to any third parties, it will be considered harassment and I will have no choice but to file suit. All future communications with me MUST be done in writing and sent to the address noted in this letter. This is an attempt to correct your records, any information obtained shall be used for that purpose. Best Regards,
  15. Got summons in MI from Zwicker/Amex Looks like they are learning so I am posting info so you can see what to expect and I welcome suggestions as I form my response. COMPLAINT quote(MCR 2.113©(2)(a) Plaintiff, amex, by and through it's attournys, Z&A, P.C. for it's complaint about againts xxx ("XXX"), states as follows. PARTIES 1. Plaintiff, amex, has a principal place of business located in SALT LAKE CITY, UTAH. 2. Defendant, XXX, is an individual who resides in XXX, MI. (which we dont, we moved) 3. The amount in controversyis less than Twenty-five Thousand Dollars. A. BREACH OF CONTRACT 4. Plaintiff incorporates by reference paragraphs one (1) through three (3) above as fully set forth herein. 5. On or about 8/11/2005, XXX entered into a contract with amex for credit services ("Contract") and amex established a credit account for XXX, Account No. XXXXXXXXXXXXXXXXXX. ("Account") 6. At or about the time XXX received the credit card, amex provided XXX with a Cardholder Agreement which detailed XXX's obligations and liabilities for all credit extended by amex. Attached as Exhibit "1" is a copy of the cardholder agreement XXX was subject to at the time of default. 7. Pursuant to the terms of the Contract, amex, on various dates provided credit services to XXX in exchange for XXX'x promise to pay for said services as billed on a timely basis. 8. amex has substantially and materially performed all of its obligations pursuant to the contract for the Account. 9. As of 8/4/2010 the Account's outstanding balance for the credit services extended to XXX is $xxxx.xx. 10. As of today's date, XXX fails, refuses, and/or neglects to pay amex the balance due and owning pursuant to the Account contract for the credit services previously extended. 11. XXX has materially breached the terms of the Contract. As a result, amex, has been damaged in the ammount of $xxxx.xx. B. ACCOUNT STATED 12. Plaintiff incorporates by reference paragraphs one (1) through eleven (11) above as fully set forth herein. 13. The parties entered into a contract whereby amex provided credit services to XXX based upon the promise of XXX to pay for same. 14. Amex promptly performed all obligations pursuant to the Contract and rendered monthly statements to XXX detailing the credit extended and the amounts due and owing for the Account. 15. Prior to the filing of this Complaint, XXX made no objection to said statements or any part thereof. 16. There is presently dur and owning over and above all counterclaims, the sum of $xxxx.xx. 17 Despite amex's demands for payment, XXX has refused to make payment on the balance due and owing for Account. 18. Pursuant to MCLA 600.2145, an Affidavit of Account Stated indicating the amount owed by XXX and is attached hereto and identified as Exhibit "2". C. UNJUST ENRICHMENT 19. Plaintiff incorporates by reference paragraphs one (1) through eighteen (18) above as fully set forth herein. 20. At the express request of XXX, amex furnished credit services to XXX. 21. XXX has received the use and benefit of the credit services without payment of full consideration. 22. Justice requires XXX to pay for the use and benefit of the credit servcies furnished by amex. 23. The value of the credit services furnished to XXX which remains unpaid is $xxxx.xx. 24. As a direct result of XXX's actions and/or omissions, including failure to pay amex for the value of the credit services received, XXX has been unjustly enriched at the expense of amex. RELIEF REQUESTED WHEREFORE, Plantiff requests this Honorable Court to: A. Enter a judgement regarding Account No. XXXXXXXXXXXXXX in favor of amex against XXX, in the sum of $xxxx.xx, plus plaintiffs attourney's fees and costs to the extent permitted by applicable law; and B. Grant such other relief as is just and appropriate under the circumstances. Exhibit 1 - Copy of Contract (no signature) Exhibit 2 - Affidavit of Account Stated (basically a notarized final statement) Needless to say I feel a bit overwhelmed by the 3 pronged attack. Our goal is to get a settlement for 30%-50% of the amount owed. Please use this info to your advantage in the escalating battle against creditors and again I welcome any informed advise.
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