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  1. Hi Everybody, I am being sued by Cavalry SPV I, LLC for a Citibank credit card account I defaulted on while I was having a very rough few years (depression, divorce, joblessness, underemployment, homelessness, loss of family member, etc.). Things have turned around since - credit score recovering and thankfully, never had to file bankruptcy. I believe in paying back my debts but Citibank got too greedy and lost me. Had their terms not have kept changing, they'd probably still be reaping the minimum payments off me (that is, of course their whole purpose as an institution?). I ha
  2. Hello, This forum is great. I've gotten so much great information from here and also wanted to share my progress. I am currently in ligation with a junk debt buyer(JDB) who is suing me for $42K+ in an unlimited civil case in California. Here is the timeline of how everything went down: JDB sent me a letter for the first time on 10/25/2019 It said that they are now the owner of the debt. They stated that the account was charged off on 11/21/2018 and that they're charging 10% annual interest since the charge-off date. They gave me two optio
  3. 1. Who is the named plaintiff in the suit? LVNV FUNDING LLC 2. What is the name of the law firm handling the suit? MANDARICH LAW GROUP, LLP 3. How much are you being sued for? $+/- $1736.21+ Court Costs 4. Who is the original creditor? (if not the Plaintiff) CREDIT ONE BANK 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? Yes 8. What was your correspondence (if any) with the people suing y
  4. Good morning everyone! I would really appreciate help on this UNLIMITED CASE in California! THANK YOU so much, beforehand!! Here is the info on my case: -------------- 1. Who is the named plaintiff in the suit? ABSOLUTE RESOLUTIONS INVESTMENTS, LLC 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) MANDARICH LAW GROUP, LLP 420 N. Wabash Ave, Suite 400 Chicago, IL 60611 3. How much are you being sued for? 25k and change 4. Who is the original creditor? (if not the Plaintiff) US BANK NATIONAL
  5. Hello everyone, My mom who is widowed, speaks zero english, and has no income has been sued by Unifund LLC. I scrolled through other threads and was hoping to find some more help. I intend on serving Bill of Particulars by Certified Mail, RR Requested on Monday and filing a General Denial by the due date. What should I anticipate after? What are the odds of actually going to trial? My mom has a weak heart and would hate to put her through such anxiety of going to a courthouse before a judge. I am providing general info below. Thank you for all your help and any insight on past
  6. If you’re taking the time to read this I would like to thank you for any and all interest and help, I struggle with a reading and learning disability making this paperwork very hard for me to understand I am very unknowledgeable in a lot of subject matter. I am very scared and don’t know how to proceed, I have reached out in private messages and was asked to fill out this list of questions and post on this main board so that I may get help from a few different people who understand this. I did also search a few of these boards that had great information on it however I don’t underst
  7. Finally got posted on court site, Dismissed without prejudice of course but as my friend said, hey a win is a idea why they dragged it out sooooo long... Case History Mandarich Chicago filed last july 2019, for LVNV, I answered after being served and buying and quickly reading "Stick it to Sue Happy Debt Collectors", made notes and went to the legal library and did the line by line response ( I had to pay for the FULL lawsuit as it was served without required paperwork)...and fortunately this was BEFORE Covid because I filed answer got stamped copy etc (which was NEVER poste
  8. Well...TENTATIVE good news on ONE request for dismissal on one case (without prejudice of course) so called clerks office because it is not online says they filed by fax but signed 10-13 but clerks office does not have did not have proof of service like all other forms they sent me but just want to.make sure that they cannot send me this unless they sent to court etc right??? so just checking since it makes me nervous tht the courts dont have it since it said file by fax and it was nearly a week ago
  9. At the end of Fall 2019 I was mailed a collection notice from LVNV Funding. The original creditor was Synchrony Care Credit, the amount $1,200, within SOL I denied debt and requested verification/validation. Within a couple of days, I received a verification packet showing the transfer of debt to LVNV funding, Statements showing a balance for 1 year (no charges/balance only stmts ), and a CareCredit Card agreement. The CareCredit card agreement lacked much information (APR, DATE, NAME, etc.), but it did have an arbitration clause. A few days after receiving the packet, I was
  10. First off, I have to thank @ASTMedic @calawyer and everyone else on the forums for helping me win this! I couldn't have done it without your knowledge! I just received the form CIV-110 stating that Portfolio is filing for a dismissal without prejudice. I have a year left on the SOL. Is there a way, at this point, or should I even try and get the case dismissed with prejudice?
  11. Hello all, I tried to find the answer to this in the forums and in my local rules, but I was unsuccessful. I am the defendant in an OC suit brought by Nelson and Kennard, Sacramento. I have a two part question: I received the complaint, and answered it, noting that they had a few instances where they checked multiple boxes instead of one, got a couple facts wrong, and I put in one or two affirmative defenses. My purpose is to delay until I can settle, but not cost so much that the settlement will be impractical. I need a sweet spot. I have some more collections coming at me I'm sure
  12. HI..yet another question.... The complaint filed by the JBD Plaintiff had two credit card statements attached. Nothing is verified and no affidavit of any kind in complaint. How do I get those thrown out so they cant be used against me? Waht are the evidence rules? Can they just attach those and the attachmnet is assumed to be true? How do I challenge those? Thanks,
  13. Hi..I need help clarifying my next step. I'm being sued on account stated and open book account. I sent the Plaintiff a BOP, and the lawyer returned it stating it was not appropriate because of account stated. They are also stating "open book account" as a cause of action against me. Legally, arent they needing to fill out the BOP for the open book account claim? What she did include "in the spirit of Discovery" was Affidavit of sale of account by original creditor (not specific to my alleged account), credit card agreement (generic, no dates or account numbers), and
  14. Hello All, You all are so helpful, I decided to do it again....😁 Being sued again by Calvary in California for an old CITI account. This time it is in excess of $30k. So on this one I am assuming that I can not use a General Denial like i have on another suit. Any advice or templates for answering the suit correctly? I have 26 day left to answer.
  15. Zwicker on behalf of Discover Bank sued me for approx 11k in the county of riverside, superior court of california They only attached one credit card statement and no contract or application. I foolishly said i had an open account with them but denied all other actions. I served them discovery to them on 7/23/19 (admissions, interrogatories both special and formal) and documents Today is 8/12/19 and was served with motion for summary judgement with all credit card statements and a declaration from someone that claims they work for discover in New Albany, Ohio. Is the
  16. So if you're just reading this forum for the first time because you Googled "Midland Funding Summons" like I did 9 months ago I'm sure you're freaking out that someone showed up and handed you a summons. Your mind is spinning with all the options you feel you have at this point (and I know first hand that those options seem crappy) but the very last one on your list is "Fight these *expletives*". I'm sure it is the VERY last thing you think you could ever do and the thought of even being successful feels like a long shot at best. Well YOU'RE WRONG!!!!!! It's not as hard as you might think and
  17. Hello All, I found this wonderful site quite some time ago, and I have learned a lot of valuable information. I have been working on trying to clean up past credit issues from a difficult time the wife and I went through. However I have recently received a summons and complaint on an alleged account that we haven't cleaned up yet. So my intention are to answer the complaint with a general denial, as it does not appear to be a verified complaint, and send off a BOP then a meet and M&C letter when they respond with junk to my BOP. Or do you think that there is something
  18. Hi, I've been reading over several threads that are similar to my situation but am still feeling confused and a bit overwhelmed. I'm wondering what my affirmative defenses should be, including Doctrine of Laches? Here are my details: 1. Who is the named plaintiff in the suit? Calvary SPV I, LLC 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Winn Law Group 3. How much are you being sued for? $1419.90, however, my credit report pulled on 10/23/17 has the balance charged off listed as "$464". Then, under that where
  19. I was just served last Friday Night. I have been following the threads on here an the advice so far has been unbelievable. I have a couple of questions that I wanted to double check. The first is I didn't see any thing that was labeled VERIFIED, the only thing that was attached was a statement from August 2013 showing that my last payment was made July 2013. I am assuming this means it is unverified? I just wanted to make sure that my first step is filing a POS - 050 or genial denial Also, a notice of case assignment was attached. Does that mean
  20. Who is the named plaintiff in the suit? TD Bank 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Sea Eye Arr Law Officers 3. How much are you being sued for? 1k 4. Who is the original creditor? (if not the Plaintiff) Tea Dee Banc 5. How do you know you are being sued? (You were served, right?) Served a summons 6. How were you served? (Mail, In person, Notice on door) They dropped it off with my 11 yr old son 7. Was the service legal as required by your state? I don't think so
  21. Hi! Thank you for putting this site together. I have never been sued. I have looked through the posts on this site but I am still very confused on how to reply to the Summons Complaint. I would like to create a post that is clear and detailed on how to address this Summons in the hopes of assisting anyone else facing the same. Please help. I think I would like for the Plaintiff, Portfolio Recovery Associates, to drop the case. I am not sure how to proceed. If I can't get them to drop the case then settling for a smaller amount to pay them is my second hope. I am unemployed. I do have all the p
  22. 1. Who is the named plaintiff in the suit? Credit Corp Solutions 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Pat and Fel , Apc 3. How much are you being sued for? more than 1600 less than 1700 4. Who is the original creditor? (if not the Plaintiff) Synchrony Bank 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) substitute service 7. Was the service legal as required by your state? yes Process Service Requirements by State
  23. I just wrote this whole post and it disappeared. Ugh!! but in a nut shell LVNV did not show up at the hearing and the arbitrator and I waited 30 mins, no call no show and I just got my confirmation letter (see attached) lvnv arb award to Defendent.pdf
  24. Greetings all! Here is my new case - yay me! I've been doing research on the difference between a verified and non-verified complaint and if I understand things correctly, in California I am allowed to answer using the General Denial because the Complaint is from the actual creditor and it is under $25k. Please let me know if I have misunderstood things or if anything I do needs to be different because it is a verified complaint. Also from what I could dig up online, there is an arbitration clause electing AAA - with wording about Barclay covering the fees. Besides sending out the BOP an
  25. Hello! I am a 27 year old female student living in San Francisco, CA and I was served with a summons from Midland's attorney 1 week ago. This is my first time being sued and I need desperate counsel as I have absolutely no idea how to proceed!! I am being sued for $1,500.00 for a credit card I opened in 2010. The original amount of the credit line was $1,000.00. My last payment was made in-store in April of 2011. I stopped paying my credit card because I left the country for 4 months, dropped everything to take care of a terminally ill relative. Upon arrival home, I sank into a deep depres