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Found 24 results

  1. Hello, i hope all is well. I'm writing this post today to ask for advice from anyone that has knowledge about or experience with JDB's or even with Unifund/Kenosian for that matter This past weekend i received this letter in the mail from Kenosian and Miele on behalf of Unifund CCR, LLC. The letter was dated 8/9/2019, today is 8/19/2019. I've been digging through the internet for as much information as possible but i still would like an experienced outside opinion as well. Should i dispute? Should i prepare myself to go to court? I haven't been summoned as of right now but i want to be proactive about this and acquire as much knowledge as possible. This is my first time encountering a JDB and i just want to make sure i'm taking the right precautions before i make any decisions. Thank you for your time. Hope someone can help.
  2. Hi All, I went into work and got a notice from my payroll that my wages are being garnished via Unifund with the help of Kenosian and Miele. I did search the forums and read some threads on Unifund/KenosianMiele but nothing specific to wage garnishment. The debt is from 2006/07, court case is from 2013, I was never personally served but I think my parents received it through FedEx--at that time I was away at college. In the past few months my phone was blowing up with robot debt collectors, all claiming to be from a "firm" regarding an "urgent" matter. I answered one of these calls and when I asked for specifics like account # or last time card was charged they couldn't provide any information other than my address; so I thought the calls were bogus. I didnt think anything of it since it was clear they didnt have much information but when reviewing the EWO, the debt was exactly what the collector claimed over the phone, and now my wages are being garnished next month. I wanted to see if there is anything I could do? I've read other posts talking about filing a motion to vacate default judgment or just calling up Unifund to work something out? I've included the court case details that i obtained from the San Bernardino county website. I have a copy of the suit but not sure which parts to post or if i'm able to do anything about it. Any advice is greatly appreciated! BTW, The closest forum I found to my issue was below, but let me know if there is a better thread:
  3. Greetings everyone! So it looks like I'm being sued. 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.) Law Offices of Kenosian & Miele, LLC 3. How much are you being sued for? A total of $7,4XX.XX from two different accounts, plus attorney's fees, costs of suit, etc... 4. Who is the original creditor? (if not the Plaintiff) CITIBANK, NA 5. How do you know you are being sued? (You were served, right?) Received a summons left at my home with another person and sent through the mail. 6. How were you served? (Mail, In person, Notice on door) Substituted Service 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? Los Angeles County, California 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) On the first account, per the complaint, the last payment date is on or around 11/07/14. On the second account, per the complaint, the last payment date is on or around 11/10/14. 11. When did you open the account (looking to establish what card agreement may be applicable)? The first account was opened, per the complaint, on or around 03/26/14. The second account was opened, per the complaint, on or around 03/03/14. 12. What is the SOL on the debt? 4 years in California 13. What is the status of your case? Suit served? Motions filed? As of today, 10/16/18: Proof of Service by Substituted Service filed on 09/25/18 with Proof of Mailing date: 09/21/18. 14. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) No 15. Did you request debt validation before the suit was filed? No 16. How long do you have to respond to the suit? 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 from service, which would be on 10/21/18. However due to POS being substitute service, if I'm not mistaken, service would be 10 days from the mailing date I listed above, so 30 days from that would be 10/31/18. I planned on filing/serving my answer within the next few days to stay within that first date. However, if someone could confirm the extra 10 days due to substitute service that would really help me. The complaint lists Breach of Contract and Common Counts for both Account #1 and Account #2. The cause of actions being Breach of Contract, Open Book, and Money Lent for both Account #1 and Account #2. I did not receive an interrogatory regarding the lawsuit. 17. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. They attached two exhibits. Exhibit A seems to be a statement for Account #1. Exhibit B seems to be a statement for Account #2. The complaint does not appear to be verified. From what I've been reading here my next step is to answer with a general denial and send a demand for a BOP. Is this correct? EDIT: Added cause of actions to question 16 and a few extra questions. So I've got a general denial ready to go. Are there any affirmative defenses I should add to the form? I have a family member willing to serve the attorney through the mail and fill out a proof of service. Do they have to mail anything besides a copy of the general denial? Are the attorneys the only ones that must be served or must I serve UNIFUND(in Ohio) as well? Must I personally bring the general denial and proof of service to the court or can I have someone bring it in for me? Only asking because it might be difficult finding time with work being so crazy. Lastly if someone can link a sample demand for a BOP I can look over , I'm having a little trouble finding one. Thanks in advance for any help you guys can give me!
  4. Hi. New here. I hope someone can help. Being sued by Unifund in State Court in Georgia service was attempted, but I've never been served. I sent (certified) a letter to representing law firm asking what this debt was and how they believe it is mine, etc, but never received anything back. Recently received a 'default docket calendar' and will now have to appear before a judge in only a few weeks. I'm not sure what to do at this point. Thank you
  5. I am in California and currently facing a credit debt case against Unifund LLC represented by Kenosian & Miele for a Citibank account to the sum of $14,xxx.xx. So far, I have provided my answer (POS filed in court), sent CMRRR on 12/15/14. On 12/27/14 I received documents from Kenosian & Miele (sent regular mail, non certified, no return receipt) containing Request for Production of Documents and Requests for Admission. My questions are as follows: 1.) Do I send my Request for Production of Documents to the plaintiff now? 2.) Would it be to my advantage to send my response to the plaintiff's request sooner than later? 3.) Do I need to fill out another POS for (POS-030 or POS-040) when I send out my response to the plaintiff? 4.) Will the POS need to be endorsed by the court house when I send my response? 5.) Will I need to include a copy of the POS to the plaintiff when I send my response to their request? (When I sent my answer to the summons back in 12/15, I was told by the county court clerk that the plaintiff does not need a copy of the POS...only the court and myself) 6.) Will the court need a copy of my response to the plaintiff? 7.) Is a Meet and Confer required prior to my CMC? I really have no interest of doing this with the plaintiff at this moment or should I? My CMC is set for 3/3/15, any other feedback or advise as to what else I should be doing between now and a few days before my CMC would be highly appreciated (I know that submitting my CMC Statement before my CMC date would be required)!!!
  6. Heading to court later this year against Unifund in Northern California where Judges seem to be very lenient on the hearsay/business records exemption. Was wondering if anyone has had any success with citing CACH v. Rodgers...I know it can't hurt...but most of the cases I've looked into around here the Judges seem to be snubbing their noses at Rocha. Pretty much all the JDB needs is a few statements, affi's, generic bill of sale and it's over. Any and all input welcome.
  7. I received a request for documents from Unifund on 7-22-14 I responded by 8-22-14, on time Unifund filed a Motion to Deem Matters Admitted (the court allows their claims to be admitted as settled fact) on the basis that I did not respond within 35 days, but they made a mistake and said they sent me the request for documents on 6-22-14 (instead of 7-22-14) I want to just show up at the motion hearing and show the judge proof they're wrong and surprise them. Can I do that or do I have to file an opposition to their motion with Los Angeles Superior Court ahead of time? The hearing is in 3 weeks, so if I have to give them notice, I need to do it now. Since they thought I was late, they also didn't respond to my BoP or my M&C, so I want to ask the judge to disallow into evidence what I requested in the BoP. Thanks in advance for any thoughts.
  8. 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!
  9. 1. Who is the named plaintiff in the suit? Unifund CCR, LLC 2. What is the name of the law firm handling the suit? Kenosian and Miele 3. How much are you being sued for? $24,XXX.XX 4. Who is the original creditor? Citibank 5. How do you know you are being sued? Summons delivered at door 6. How were you served? Person 7. Was the service legal as required by your state? Yes 8. What was your correspondence (if any) with the people suing you before you think you were being sued? None 9. What state and county do you live in? 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, Sept., 2010 11. What is the SOL on the debt? 4 years 12. What is the status of your case? Suit served and trial date set for just over 30 days from now. 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? Responded already with a general denial within 30 days of service. Trial date is now just a hair over 30 days away. We need to know what the "charges" are. Cause of Action 1. Breach of Contract 2. Monies had & received 3. open book 4. account stated Did you receive an interrogatory (questionnaire) regarding the lawsuit? yes 16. What evidence did they send with the summons? a note of Verification from the Attorney (Miele) of Unifund that all statements in the compliant are true and correct. ---------------------------------------------------------------------------------------------------------------------------------------------- I. I filed a PLD-050 General Denial with the court along with a POS-040 proof of service, and mailed copy to plaintiff via CMRR. II. I sent BOP and they responded with 14 months of Citibank statements III. I sent a Meet and Confer letter, to which they responded with Supplement Responses that included same 14 months of statements, plus Bill of sale between Citibank and a receivables company, and a Bill of sale between the receivables company and a distressed asset company, and a bill of sales between the distressed asset company and Unifund. IV. I received Plaintiff's request for Production of Documents and Admission I need to respond in the next few days V. I sent CCP 96 and received responses: A. Plaintiff intends to call me as a witness B. Documents that Plaintiff intends to offer at trial: 1. Business Records Affidavit signed by Document Control Officer for Citibank - notarized in Missouri 2. 14 months of Citibank statements 3. Bill of sale between Citibank and a receivables company, and a Bill of sale between the receivables company and a distressed asset company, and a bill of sales between the distressed asset company and Unifund. 4. Citibank Card Agreement that has no signature other than the CEO of Citibank. VI. I received: A. Notice to attend trial B. CCP 96 C. Declaration of authorized representative in lieu of live testimony CCP98 from authorized representative for Unifund. What should I do, now?
  10. Some background to my case, exact as @eyoung27 (http://www.creditinfocenter.com/community/topic/320964-summons-from-kenosian-and-miele-llp-attorneys-at-law-for-unifund/) 1- was served by mail 2- answered the complaint & served the Plaintiff's attorney with BOP 3-17 days letter received answered to BOP, with only one C.C statement. So now my question is, should i send another BOP request 2nd_BOP_request.txt(see attachment), or start the formal discovery (RFD, RFA..etc) I've been reading this forum for the last month or so. all of you guys are awesome and provide such a great resource for FREE. Any help is appreciated. God Bless!
  11. I was sued twice by Unifund in 2013, different law firms. The first law firm claimed substitute service at an address I have no connection to at all, so I filed a motion to quash. The clerk gave me a hearing date outside the 30 days required by statute, telling me that it was the first available date. The hearing is on calendar. The second suit served by publication, but their request contained inaccurate info and they failed to fully comply with the judge's order allowing service by publication, so I called the clerk to get a hearing date for a motion to quash. The second clerk started to give me a date outside the 30 days as the first clerk had done, but then stopped and said since these types of hearings need to be heard within 30 days, she would fit me in earlier. It's calendared within the required 30 days. Am I in trouble with the first hearing, which is coming up soon? The first clerk told me it was the earliest date available, and I took her word for it. I have a great case for first motion to quash because the plaintiff served some Doe at the wrong address. If the plaintiff argues the hearing is void because of the 30 day requirement, is there any case law that will help me rebut that? If so, should I file it with the court before the hearing? Thanks in advance!
  12. Hi there. I'm being sued by Unifund LLC, and they are represented by Daniel Gordon here in Oregon. I filled in the following questions: 1. Who is the named plaintiff in the suit?: Unifund, llc. 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) : Daniel N Gordon, Eugene, OR 3. How much are you being sued for? : $11xxx.00 plus interest 4. Who is the original creditor? (if not the Plaintiff) : Citibank 5. How do you know you are being sued? (You were served, right?) : I was served. 6. How were you served? (Mail, In person, Notice on door) In person (my husband) 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? : Only letters from them - I never replied. 9. What state and county do you live in?: Oregon, Multnomah 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations): 2009 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 B)looking it up online (many states have this information posted - when you find the online court site, search by case number or your name): Plaintiff and I have both been sent a list of arbitrators. Mandatory arbitration in Oregon for money suits under 50,000. I still have to send my list in with names crossed off. 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? : I answered the summons on time. And I received the questionnaire - also answered. I just returned the Requests for Admission also. They are claiming breach of contract. 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits.: Affidavit from a Citbank employee, Bill of Sale and Assignment, two credit card statements. I am at the point where I need to send my own interrogatories. I was doing ok unitl I realized that arbitration wasn't exactly mediation and that it might be worse than court. Now I'm freaking out. Daniel Gordon wins most, 90%, of his cases because he gets default judgments. I don't know what happens with the other 10% but I'd prefer to be one of them. Thanks!
  13. I would appreciate some feedback about a situation in a case filed against me. I am on the final year of the statue of limitations running out on ALL my credit debt. Unifund bought an old Citibank debt and they filed suit against me January 2013. They never served me. I specifically monitor the court websites and case summaries to keep up with actions because that's how I find out if I am being sued from JDB's who fake that they served you. When I saw that someone had filed against me, I waited. As typical court protocol, there was a hearing scheduled for the Proof Of Service. I waited to be served and I monitored the case summary. Now believing that the case would be dismissed at the Proof of Service hearing if they did not provide proof of service and/or actually serve me was my assumption. So I did nothing. No proof of service ever showed up on the case summary and I just let the day pass by and then got online to monitor the Case summary after the fact to check the status. Again...they have ever served me AND There is no court record of proof of service in ANY manner. Now...this is what perplexes me... (And please see the full current case summary at the end) I am totally perplexed as to why the case was not dismissed, but rather another hearing 2 1/2 years out to 2015 was continued for an ORDER TO SHOW CAUSE HEARING WHY SANCTIONS SHOULD NOT BE IMPOSED FOR FAILURE TO FILE REQUEST FOR ENTRY OF DEFAULT JUDGMENT PURSUANT TO CRC 3.740(F). How and why would a Judge keep a case open for 2 ½ years and have the next hearing be about entry of Default, when the Plaintiff’s attorneys have not even provided a proof of service nor probably been sanctioned for that. I am assuming that by the Judge setting a new hearing that it leaves the door open for 2 ½ years for the Plaintiff to serve me the lawsuit at their leisure and that seems against court rules to me. It appears that the Plaintiff now has free reign to try and sue me and subsequently the timeframe they are granted will encompass beyond my SOL this year and therefore it is possible that I’ll have to go in and fight a court case outside of the SOL or worse this Plaintiff will be awarded a Default Judgment for doing nothing, because they never even provided a proof of service. This scenario seems like shady work on the part of the Judge. I have never heard of this type of ridiculousness. It doesn’t seem like proper procedure and it seems unfair to me the defendant, and overly gracious to the Plaintiff who isn’t following procedure nor being reprimanded for it by the Judge, and instead being granted 2 ½ years to do their court duty/procedure. Below is the Case Summary. If anyone can explain this I would appreciate it, because if I have to do battle as I have in the past with a debt collector who has no contract with me and then also has been given free reign of 2 ½ years to follow court procedure, I am going to have to figure out a new strategy, because there is no way in H*ll, that on the last 4 months of my SOL running out that I will allow myself to be sued and specifically in this B.S. manner. This is my home free year and I plan to get through it scot free. Let me know what you think and know about this maneuver from the Judge if anyone is familiar and if my assumption is correct with the judge leaving the case open, that the Plaintiff has 2 ½ more years to try and sue me and has the right to do so because they filed before the SOL. Lastly…this is my bottom line. I want this case to disappear. I can’t have it in limbo for 2 1/2 years. That’s too stressful to me. I’d like to get it dismissed now and I'm wondering what others would do in my situation. I only have experience fighting cases where the lawyers provided their POS and the court procedures were followed—and I answered the summons, showed up and won my case. I have zero experience with this unacceptable timeline of limbo lawsuits and want to know what legal actions or motions I can take. I am assuming I should not wait any further, because it appears by the case summary that the Judge has allowed forward movement to the Plaintiff to try and go for a default judgment. Thanks in Advance. UNIFUND CCR, LLC VS. XXXXXXX Court: Norwalk Courthouse Original Case Number: XXXXXXX Original Court: XXX Courthouse Filing Date: 01/04/2013 Case Type: COLLECTIONS CASE (Limited Jurisdiction) Status: PENDING Future Hearings 12/21/2015 at 08:30 AM in department SEY at XXXXX, CA 90650 OSC - 3.740 COLLECTIONS-DEFAULT JUDGMENT History Information Parties Plaintiff: UNIFUND CCR LLCA LIMITED LIABILITY COMPANY Attorney: LAW OFFICES OF KENNETH J. MIELE - KENNETH J. MIELE ESQ Defendant: XXXXX Attorney: None Party Information Histories (Dates listed in descending order) 07/22/2013 ORDER TO SHOW CAUSE HEARING SIGNED AND FILED BY HOWARD L. HALM, 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 12/21/15 AT 08:30A M., IN DEPT. SEY . CERTIFICATE OF MAILING FILED, GIVEN TO RESPECTIVE PARTIES/ COUNSEL. 04/05/2013 * EFFECTIVE 05/06/2013 04/05/2013 * CASE REASSIGNED TO THE XXXXX COURTHOUSE 04/05/2013 * IN DEPARTMENT SEY AT 8:30 AM 04/05/2013 * FUTURE HEARING DATE(S) REMAIN THE SAME 04/05/2013 * CASE RENUMBERED FROM LB XXXXX TO NORXXXX (courthouses changed) 01/04/2013 COLLECTIONS CASE COMPLAINT FILED PURSUANT TO CRC 3.740. RN FPS. 01/04/2013 SUMMONS ISSUED. 01/04/2013 SUMMONS FILED. 01/04/2013 NOTICE OF CASE ASSIGNMENT ON FILE. CASE IS ASSIGNED TO DEPT. SOH OF HONORABLE JOSEPH DILORETO . 01/04/2013 ORDER TO SHOW CAUSE HEARING/CASE MANAGEMENT REVIEW SIGNED AND FILED BY JOSEPH DILORETO TO SHOW WHY SANCTIONS SHOULD NOT BE IMPOSED FOR FAILURE TO FILE PROOF OF SERVICE PURSUANT TO CRC 3.740(E). MATTER SET FOR HEARING ON 07/18/13 AT 08:30A M., IN DEPT. SOH . CERTIFICATE OF MAILING FILED.
  14. Two debt collection suits were filed against me, both by Unifund but with different attorneys. I learned of these through a defense lawyer's mail solicitations, which listed the case numbers. One attorney filed substituted service on a Doe at an address I have no connection to (a large business - not a domicile and I've never worked there). I filed a motion to quash service and the hearing date is on calendar. The attorney in the other suit filed an application to serve by publication. The order was just posted as "received" about three weeks ago and forwarded to the judge for consideration. I have lived at the same address for years and have not moved. I'm just out of the house quite a bit and apparently hard to serve. Not sure what I should do, but I don't see how I can oppose the application and order to serve by publication without putting myself under the court's jurisdiction. But I also don't see why they should be allowed to serve me by publication since I have one address which they have and which is readily available and discoverable through just about any and all public records. Does anyone know how long it normally takes the court to decide whether to allow service by publication, or if such a request is routinely granted at the Chatsworth courthouse? I have not seen the application yet, but will not be able to go to the courthouse until next week at the earliest. One of Unifund's attorneys claims to have a valid address at which they substitute served me, but the other attorney claims they must serve me by publication, which I thought was supposed to happen if an address is not known. I'm also wondering if I can viably file a motion to quash the second service if the judge allows it by publication based on the fact that they have my home address and should serve me there. I am not hard to find.
  15. Unifund sued me for a debt originally owned by Capital One. I did not learn of the judgement until my employer was served with a wage garnishment order. I filed a claim for exemption, and Unifund did not contest it. I researched through the court website and learned that the original debt was under $3,000, and Unifund won a default judgment of over $7,000. The court paperwork says that the paperwork was delivered to an Andrew Doe at my residence. No such person exists. I have written and submitted a motion to vacate the judgment based on failure to serve. Unifund claims they mailed the documents to my home, which is false. They submitted proof of service documents to the court. My motion to vacate the judgment will be heard next week in Orange County. Unifund has filed a motion to oppose vacating the judgement, and included the "false" service proof, along with their statement from a lawyer saying he mailed the document. I've not had any opportunity to validate the debt, and I think the statue of limitations may be passed. Other than showing up at the hearing saying there is no Andrew Doe at my residence, what other proof should I take? I don't think that Unifund can produce the original documents from Capital One. I'm told the Unifund attorney will be using Court Call to call in instead of appear, since they are far away. Can anyone give me any advice? Thank you!
  16. Background: UNIFUND filed a suit in Jan 2013 against me. They sent their Discovery Nov 20, 2013. I have a few days left to send off my responses. Status IS: 1. BOP sent (11-4-13) They ignored all requests but sent 4 statements. ( What is the recourse? Does Judge really even care?) 3. Plaintiff's RFD asked me for exactly what I asked from them in the BOP. 4. Plaintiff's RFA's I have seen no proof they have anything tying me to this account, but don't want to deny everything if they somehow do. Should I be more ambiguous with denials? Their lawyers have shown me zip other than a few statements. I am fighting blind. I have left many messages to discuss the case. I also disputed via Lexington Law all my credit card accounts in 2009-2010 and have sent off a request to Lexington Law to see they can give me proof that the credit card I am being sued for was something I disputed right when it first went into default. What I want is to know how to word things so it's not a lie if other evidence comes out AND to make them participate in Discovery! Thanks in advance. P.s. I'll get UNIFUND's RFA and RFD scanned in to see those as well, but they pretty much say admit this is our account, that I opened an account, went into default etc. Answer to Disvcovery-sample.doc Bill of Particulars-sample.docx Answer to Unifund-Sample.docx Admissions-sample.doc
  17. the amount on this is big. gonna go full bore on it. any advice appreciated 1. Who is the named plaintiff in the suit? Unifund CCR, LLC, a LLC doing business in California 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Lang, Richert, and Patch 3. How much are you being sued for? $18-$24K 4. Who is the original creditor? (if not the Plaintiff) Citibank 5. How do you know you are being sued? (You were served, right?) served 6. How were you served? (Mail, In person, Notice on door) in person 7. Was the service legal as required by your state? appears to be 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. county withheld. i know where to look up court rules and dont want to give too much info here 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) within SOL 11. What is the SOL on the debt? have 12-18 more mos 12. What is the status of your case? Suit served? Motions filed? suit served, no motions filed to my knowledge yet 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 but i would love to learn how this would have been helpful for future reference. seems like it would just force their hand to file suit 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. they are claiming cause of action breach of contract that there is a written agreement with citibank. they provide no evidence and instead cite 'the essential terms of the agreement' which is vague. seeing original balance+interest+attorney fees 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. nothing of substance. it apperas they have name, address, acct number and balance info only. 90 % sure they are the 2nd or 3rd JDB since this was charged off
  18. I've been sued by Unifund (attorney is Kenosian & Miele) for a credit card debt with the SOL set to expire in a couple of months. Have not been served but have been checking the Los Angeles County Superior Court web site. Another creditor from the same general time period sued, never served me, claimed they did, and we settled. After that experience, I began to go to the nearby branch court once a month or so to look up my name, and whenever I found a new lawsuit I would take a look at the file. Eventually another creditor tried to do the same thing. The clerk had laid the loose request for default on top of the summons and complaint already in the binder. I think the default clerk did the defaults only one day a week, or something. I answered the complaint before the default was actually issued and they eventually dismissed without prejudice before trial. After a recent court consolidation, all the civil cases of this type were moved a lot farther away, so I haven't been going in to check the actual files, so now I'm kind of paranoid that this law firm might do the same thing. How worried should I be about this? I live alone and am gone quite a bit, so personal service won't be easy for them, but it's easy to leave it on the porch when I'm gone and pretend I was there. I work from home so there's no job that would verify my presence or anything like that. When I'm gone, I'm out of town, so I would have travel receipts in the event I filed to quash service, which is pretty much all I would know to do after the fact. I don't want to answer without being served, since a couple of other creditors sued, never served, and later dismissed. In CA, if they file a POS and request for default, is there a short window during which an answer will still be accepted, or did I just get really lucky with that second suit? By any chance does anyone know how long it takes before they update their web site? Lastly, if this does happen, how long after a default judgment can they begin collection proceedings like bank account liens and such? I also received a notice in the mail from a law firm that claims to help with stuff like this and they had the case number, which was a first for me. Not that this matters, it was just surprising. Sorry for the length, thanks in advance for any insight. Almost forgot, one more issue. It's my understanding that if a creditor sues and then dismisses, the statute of limitations is unaffected. That is, if the date passes after the dismissal and they have not refiled or otherwise reactivated the suit, I would have an SOL defense. Thanks!
  19. Hello Fellow Debtor Fighters: I received a summons from UNIFUND CCR LLC, via their lawyer Kenneth J. Miele, in Santa Monica, CA. This is a verified complaint, so they must have something on me. I want to know UNIFUND’s Kenosian & Miele’s law firm’s process of winning cases. I'm hoping they use the same strategy every time, because I chose to fight this and win the easiest way possible and I believe I may be able to if I confirm their Mode of operation from others who have gone up against them. Very important: This is the first I have ever heard of Unifund that they wanted to be paid their money. The summons is the first time this law office and/or UNIFUND has EVER contacted me about this debt. ( I saw on the court website somebody was trying to sue me, as I keep tabs on this stuff, but I have NEVER been formally contacted or reached out to about this debt until being served this summons a few days ago) The debt they speak of does NOT show up on my credit report for any of the 3 credit reporting agencies. ALL the other credit card I defaulted on do. Why? How are they even suing me for what does not exist on my credit report? Based on this alone, I feel justified to make My current legal standpoint that: THIS IS NOT MY DEBT. For how and why would they disappear a credit card debt record from my credit history as if it NEVER existed. (I know this must be a tactic on their part. I don’t know why or how they did this. Any info,/explanation would be appreciated) The summons was filed January 4, 2013. I was served FAR beyond the 60 days to serve a Defendant a complaint. This should have been thrown out at the Proof of Service hearing in July 2013. It was not. There is court restructuring of cases going on in the court system here and perhaps this is why. My case was transferred from Long Beach to Norwalk and remained active after it should have been dismissed for no proof of service. Now? I have been served. (One of my trumps ( if I can get away with it), will be to ask the court that the case is dismissed based on being served 9 months after the complaint was filed. If I do this at the trial, I will win and get my ultimate goal which is reaching the statue of limitations. If I can get the judge to dismiss it at trial, UNIFUND would have to refile their case, but at that time they would no longer have legal standing because of the SOL which end November 22, 2013. (This is One option I am keeping on the burner.) I have been reading a lot online and I see people taking the offensive for UNIFUND and other 3rd party JDBs that are suing them. If I have to I will. But until I know how Kenosian & Miele present their case, I'm not making my strategy yet nor filing an answer...yet the clock is ticking on my time to answer. My questions are : For UNIFUND being represented by Kenosian & Miele form Santa Monica California, does Kenosian & Miele do the following? Do they use the "Declaration in lieu of live testimony" ? If so-- Is their affiant‘s address the Law Offices of Kenosian & Miele? Or Does their affiant live 150 miles within the court district? Who is the typical witness name for their Declaration in Lieu of Testimony? Does this witness appear in court of you file a notice to appear for them? What proof does Kenosian & Miele for UNIFUND offer in court? A signed contract? How many billing statements? Signed checks? Do they show their assignments and legal right to sue for this bought defaulted account? What are their affiliate’s names? Did/does their paperwork refer to other collection agencies? Basically I want to know what they come up with. Everything you went through with them. Any help is appreciated. Thank you again. P.s. I forgot to ask this--this is Verified Debt. No attachments to the complaint, but the verified letter is at the end of the complaint via the lawyer. May I lump the paragraphs together such as “In paragraph 1,2,3,4,5, Defendant denies blah, blah, blah.” Or do I have to separate each paragraph and say I deny that particular paragraph using the same wording over and over? I have already started my answer, affirmative defenses, I can come up with the rest if I have to be offensive, but I want to hear back from people that have fought them in the last 6 months to see what route they take in trying to obtain a judgment in their favor. I will scan my documents and post them as I get going too to help all who come after me. Thank you all.
  20. I need to know their strategies for winning cases. Declaration in lieu of testimony? What evidence do they submit ? Etc. Thanks.
  21. Hi - I know I'm supposed to keep my posts within the same topic, but I really want some feedback as my deadline is fast approaching for a few things - opposition to MSJ, etc, and I think my thread will get buried today. I finally got around to checking my credit report last night and the account I'm being sued for is not on any of the three CRA reports. Not in its original form, and not as an account owned by the JDB. It's just . . . not there. Is that normal for something in litigation? I saw that credit reports are considered hearsay, and I wasn't sure if I would be trying to use it for any part of my opposition anyway, but is it evidence of something being amiss? There are inquiries on it from the JDB and from their attorney, from last year. Thanks.
  22. Hi there. I have another thread going about my lawsuit with Unifund/Citibank and Daniel Gordon, PC. But my question is about settling during this whole process. The reason I'm even here is that my husband and I ended up on the wrong side of the housing bubble and resulting market and construction industry crash. He lost his building work for a year, we had two tiny kids, a construction loan and a half-finished house. We survived by maxing out 8 credit cards that were virtually unused before then. When it all shook out I decided the only option was to try to settle with the credit companies for lower amounts, with a loan from a friend. Every single company worked with us - Chase, B of A, US bank. Except Citibank. I could never offer them enough. So, I ignored them through the last 3 years until I got sued by Daniel Gordon and Unifund. I offered them a paltry sum to settle, right after I got served. I got a response that was basically the whole 15,000 (it started out around 9,000) in one lump plus payments. I sent another slightly higher offer, and receieved an offer for 12,000 in lump sum. I haven't responded back since there's no way I can come close to that, but I'm ready to send another counter-offer. And FYI, my settlement offers are vague and do not claim that I actually owe Unifund any money. So, I guess I'm asking if this is even worth it. I actually would love to pay something and finish the whole affair. That was my original plan anyway. But will they be more or less likely to settle as the case progresses? I have returned the requests for admission and am at the stage where I need to submit my own discovery requests. It's Oregon, so arbitration is mandatory but has yet to be scheduled. I know this board is more about defeating the JDBs outright, and I would love to do that if I have to, but my sanity is strained and my stress level is high, so settling isn't off the table. Thanks!
  23. Hi there. I have lurked on debt forums for a few years now and am only just now posting. I successfully settled $100,000 worth of credit cards with Chase, Bank of America, and US Bank, all of whom settled for about 25-30% of the debt. In retrospect it seems almost painless. My husband had lost all of his work as a contractor after the housing bubble and we lived off credit cards for 6 months. That's all it took to get completely underwater and we couldn't recover. A wonderful friend loaned us some cash so we could settle instead of declaring bankruptcy. So, Citibank, the only one left, would never accept my offers. I believe the balance was about $9700 when I stopped paying in 2009 (maybe 2010 - SOL in Oregon is 6 years so it doesn're really matter). They sold the debt to some middleman, who sold it to Unifund, and I have been ignoring them for 3 years. I finally got served in April, by debt collecting attorney Daniel Gordon in Eugene - he's famous! He even made the cover of the Willamette Week here in Portland for successfully ruining thousands of lives. According to Mr Gordon and Unifund, I owe them about $15,000 - $11,770 from the original debt plus 9% interest. I answered the summons, answered all of the initial questions, and indicated that I was representing myself. I haven't talked to an attorney yet. I received a Request for Admission which I answered last week, within the time frame allowed. I answered all of the questions truthfully, as it seems is recommended. The questions I answered by indicating that I "lacked the information to affirm or deny" were all the questions about receiving every bill, the ones about the chain of custody of the debt, the actual amount of the debt, the breaching of the contract, etc. I added only the briefest explanations to those answers. Apparently there is mandatory arbitration for these kinds of lawsuits here in Oregon (or Multnomah County) - under a certain amount, and financial in nature. I was sent a list of attorneys and told to cross off two names (I looked them all up - definitely crossed off the guy who ONLY does arbitration and no other legal services). So, I know I can read through the many posts about arbitration and get some advice, but I guess what I really want to know is if I can actually do this without a lawyer. I had a panic attack today after reading about how arbitration usually ends up favoring the plaintiff in credit debt lawsuits. I planned to start preparing my discovery for documents, to be ready for what comes, but now I'm just plain scared. My defense at this point is that I had a credit card account with Citibank at one point that I stopped paying, but that I am not convinced that I owe Unifund $15,000, and that I hope I can convince an arbitrator of the same. Thanks!
  24. So I pulled up a free credit report today and found that a company named Unifund has done a hard pull on my credit history, and I have a negative item from a company called Asset Aquisitions. I found the contact number for Unifund, told them what I just wrote, and they referred me to Lang, Richert & Patch the lawfirm representing them. I called the firm, told them the same, and spoke with a woman named Lydia. She let me know that her firm represents Unifund, that they want to collect on a citibank mastercard credit card I had in 2007, the last payment of which was made in january 2010. She stated they have sent me a letter giving me the opportunity to dispute the validity (which I never received) and have attempted to serve me (I have yet to be served). She told me the total amount on the card was 4000, that unifund wants 6000, and they would consider setlling for 4900. She also said I could make a payment plan with them to settle the debt, but I woudl incur court fees and other expenses. I told Lydia I needed some time to figure all of this out, and she said I have about 2 weeks to get back to her if I would like to settle. About me, I'm in my last year of college, and live off of grant money and student loans. I work as an unpaid intern in a lab, and go to school full time. Needless to say, I do not have 5000 to pay for a settlement. The card was opened by my father in my name, but was used by my father. While I understand this wasnt a smart decision, as my parents were going through tough times and needed the extra assistance. I was happy to help them and be there for them. My father has since gone through bankruptcy and I assume he thought this card would be wrapped up in that bankruptcy. Obviously this wasnt the case. Both my father and I live and work in california, the card was made and maintained in the same state, and the lawfirm is also in california. I have several questions, the first being, is too late to dispute the validity of the debt? Also, as the SOL for the debt has yet to be reached, do I have any chance of negotiating them to a lower settlement? What steps if any can I take to defend myself if/when I am served and this case goes to court. Finally what should I be doing? Any help or advice is greatly appreciated!