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So i recently opened my mail box and found a Summons Complaint tucked away under all my bills and letters. I jumped online and started to do what I can to avoid having a default judgment placed upon. I guess I jumped the gun and filed a General Denial based on the info I found on this site but now I’m stuck. He is a bit more info to is if you guys can make lend a helping hand. I know there is a lot of info already on the form but I was recorded by a fellow member to start a fresh thread Plaintiff: GCFS (Greater California financial services) JDB! Defendant: Me Complaint: Filed in California at Chatsworth Cause of Action – Breach of Contract and Common Counts Amount: 15 + Original Lender: Wells Fargo Bank, So after briefly looking off all this info I got scared and filed a General Denial with the affirmative defense “ Lacking Standing- The Plaintiff has not proven the debt is valid or the amount of the debt is accurate. The plaintiff must prove that the principal, interest, collections costs, and attorney’s fees are all correct, agreed to in contract, and lawfully charged. Defendant also insists that the plaintiff come up with contracts, account statements and purchase receipts to prove the amount of debt.” I also attached a validation letter requesting the fallowing. I filed the GD and the letter and it was mailed out to GCFS Certified mail. What the money you say I owe is for; Explain and show me how you calculated what you say I owe; Provide me with copies of any papers 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; Prove the Statute of Limitations has not expired on this account; Prove That I signed any contract with original creditor to barrow debt Show me any payment history evidence I made from my own bank checking account Show me that you are licensed to collect in my state; and Provide me with your license numbers and Registered Agent. Today in the mail I get a letter from GCFS stating that they are answering my request and sent me a copy of the fallowing. Copy of Wells Fargo Consumer Credit Care Customer Agreement & Disclosure Statement (looks like it’s from 2011 when they claim my account was opened in 2006, no signatures on the agreement) Last 32 Statements of account before it was closed (staments only show overdrafts transfers and payments to a checking account, no purchases or charges)Affidavit of debt from Wells Fargo Card Serves to Absolute resolution corps, Affidavit of sale & Balance from Absolute Resolutions Corporation to GCFS IncWhat should be my next step? Should I send them a letter telling them that I received a letter nothing the amount that I allegedly owe and a blank credit card agreement. Consumers have the right to request a validation of debt to ensure that the company collecting the debt has not made an error. Sending me notice of the amount I supposedly owe does not prove that I owe the debt, it merely proves that your company seeks to collect the specified amount. In addition, the blank credit card agreement merely illustrates the rules and regulations applicants must agree to when applying for that card. It does not contain my signature and, as such, has nothing to do with me.? Or do I file a Bill of Particulars? If so how? What does it need to say? I need to get this off my chest, I cant sleep at nights thinking about all this please help
Hello to the best forum on the planet! I was referred here by a friend and have been reading the awesome stories and advice given here. Tho I feel completely overwhelmed I have a glimmer of hope if I can get my head around all this stuff! I am taking this in chunks as it's the only way I can digest it all. Below are my answers to Racecar's questions. I have just a couple of questions for my first steps. I do believe I can file a General Denial (thanks AST Medic for that awesome thread)..but want to make sure my complaint is not verified. There is the first page of the summons; the complaint; exhibit; civil case coversheet (6 pages) with a signature by attny for Declaration of Assignment; and another signature on one of the civil case cover sheets that has Limited checked. Am I good with General Denial PLD-050? Should I have affirmative defenses? I don't have the good SOL to use but should I use Lack of Standing? I'm getting different views on that as I read this forum. Also I know the POS rules say a relative that's not involved in the case can sign, but want to make sure a spouse can sign. I'm just being crazy nuts on details sorry. Ok..hoping someone out there will read this…thanks in advance..here I go. Oh, and what is anyone's experience with Calvary/Winn Law Grp? 1. Who is the named plaintiff in the suit? Calvery SPV I, LLC (edit * I originally thought this was the 6th JDB but the past correspondences were from 5 different collection agencies of the OC, so I guess Calvary is the first JDB) 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Winn Law Grp 3. How much are you being sued for? Just under $5,000 4. Who is the original creditor? (if not the Plaintiff) Capital One Bank 5. How do you know you are being sued? (You were served, right?) Yes 6. How were you served? (Mail, In person, Notice on door) Left Summons on Porch 7. Was the service legal as required by your state? Not sure but hear this is how it happens alot...not worth fighting 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, Los Angeles 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) Dec 2011 11. What is the SOL on the debt? 4 years 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). Suit served..have 30 days to answer 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? 30 days to respond; 1.Account Stated (in the body of the cause of action it says “account stated in writing) 2. Money Lent (on the bottom if the pages it says “Complaint for Common Counts” 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. Exihibit “A” ~ 1 credit card statement w/ 2 small transactions and a payment..that’s it
Does anyone know where I can find examples of Trial Brief(s) and Declaration(s) in Support of Defendant's Trial Briefs for the following Causes of Action? Common Counts: 1. An open book account 2. For money had and received by defendant for the use and benefit of plaintiff. for work, labor [yes, that's really how they listed it in the complaint] 3. For goods, wares, and merchandise sold and delivered to defendant and for which defendant promised to pay plaintiff 4. For money lent by plaintiff to defendant at defendant's request 5. For money paid, lent out, and expended to or for defendant at defendant's special instance and request I'm currently referencing HomelessInCalifornia's and ASTMedic's documents, but unfortunately, the only Cause of Action I have in common with their cases is the Account Stated. Any help is greatly appreciated!