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Found 5 results

  1. 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 ASSOCIATION ND 60 Livingston Ave St. Paul, MN 55107 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 at home 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 that I am aware of. 9. What state and county do you live in? CALIFORNIA, County of 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) Not 100% sure – they presented a CC statement with the complaint dated September 2017. 11. When did you open the account (looking to establish what card agreement may be applicable)? Unsure. But it is not a super old account. It is relatively recent (last 5 years perhaps). 12. What is the SOL on the debt? To find out: California. Written: 4 years, Oral: 2 years, Open Ended Accounts: 4 years. Statute of Limitations on Debts 13. 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). - Filed the answer with the court (personally, and on time, on day 30) this week. - Served plaintiff’s lawyers by mail the same day – CMRR - Case Management Conference has been set for the end of April, 2019. 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? Note: if you haven't sent a debt validation request before being sued, it likely won't help create FDCPA violations, but disputing after being sued could be useful to show the court that you dispute the debt ('account stated' vs. 'breach of contract'). No. I had no warning I was going to be sued. 16. 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? Filed the answer personally, and on time, this week. 17. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. Only two things: - Exhibit A: A copy of a Credit Card statement from Sept 2017. Guessing they're alleging that it's the "last payment"? - Exhibit B: A copy of a Credit Card statement from April 2018. Guessing they're alleging ths is the charge off? * THE ACCOUNT NUMBER PROVIDED IS ALL BLACKED OUT except for the "last four" numbers of the account. In the complaint itself the account is listed as "XXXXXXXX and last 4 numbers." 18. What are the causes of action listed in the complaint? First Cause (Account Stated) - Within past 4 years, an account was stated in writing in which it was agreed that defendant was indebted in the amount previously referenced herein. Although demand has been made upon defendant, said amount has not been paid, and is now due, owing and unpaid from defendant to plaintiff, as successor in interest. Second Cause (Open Book Account) - within past 4 years, defendant and each of them became indebted in the amount of the previously mentioned herein for a balance due on a book account for goods sold and delivered and/or services rendered by U.S. Bank National Association. Although demand has been made upon defendant, said amount has not been paid, and is now due, owing and unpaid including attorney's fees from defendant to plaintiff as successor in interest. 19. How did you find out about this site? Guess I am not necessarily a “newbie.” I won two lawsuits against JDBs about 10 years ago (one went in front of a judge, who ruled in my favor; the other one was dismissed by the rent-a-lawyer right before going in front of the judge). But, it has been a while, I’m sure things have changed a bit in the last 10-years, and this time around I am dealing with an UNLIMITED CASE. I had completely forgotten about this site until the night before I was to file my Answer this week – when I was double checking everything before filing it the next day. I remember how helpful everyone here was back then (I helped also). Since I am in new territory with this being my first UNLIMITED CASE, I want to make sure I have all my ducks in a row. I am SUPER RUSTY and it’s been a while, but I am 2-0, and definitely plan to make my record 3-0. A HUGE THANK YOU beforehand to everyone who is able to help me win this one! @LoveIsPower (this is a new account I created, since I can’t remember what my old one was)
  2. Hello everyone ! I'm going to paraphrase the long story that brought me here. Basically , I was in a car accident a few years ago. Failed spine surgeries and lost just about everything while waiting on workers comp . I'm still unable to work full time and I receive the weekly checks of what was a low paying government job. This was my first job out of college . I had a few credit card debts that I worked hard to pay off but in the worst of it , they got charged off. I kept hoping I could return to work and settle it with the bottom feeders. I've had to move twice in the last year. My cousin notified me to today that I received a yellow post in Cherokee county stating to contact the Magistrate court regarding service or a SD car will be sent to the address. I haven't lived in that house in 6 months and everything I have is registered in Cobb. I've been out of town for month because my grandmother is ill so I have no idea what may be at the house I actually live out. I plan on calling Cherokee county in the morning to notify them that I do not live in county. Is this a bad idea? I know I have to deal with this . I'm embarrassed. I thought I'd be healthier . I don't know what to do as I barely have enough to get by on. I've read over some of the other forums but didn't see anything on what to do if an attempt is made in a county you no longer reside. Thanks in advance !
  3. "In the State Court of XXX County" I have 30 days to respond with an answer. Cach, LLC complaint comprises of 19 line items, exhibit A (bill of sale and assignment, signed by citibank N.A. Mgr--not notarized--and is this the affidavit?), exhibit 1 (only stated in exhibit A as accounts described in exhibit 1 and the final electronic file), and exhibit B (Sears account statement). My defenses are: 1. Exhibit A not notarized 2. Exhibit A only refers to citibank and zero mention of defendant or account number, or sears 3. Exhibit A has date of sale in narrative in 1st paragraph. Second paragraph 2 has an apparent purchase and sale agreement date between buyer (me?) and bank, contradicting account open date by 13 days as indicated in exhibit 1. 4. Exhibit A indicates that the accounts are described in exhibit 1, but exhibit 1 does not imply it is exhibit 1 (only by compliant cover paper before the actual exhibit) and it is merely a printout that can be produced anywhere--and it is not notarized. Also,exhibit 1 has only one account which contradicts exhibit A's narrative that accounts is plural. 5. Exhibit B is a sears account statement with my name and address and has zero narrative of citibank on any of the 3 pages. The complaint does not reflect to sears and all, only the original creditor as being citibank. The bill of sale is dated over 3 years ago, yet they just filed suite. Plaintiff states they MAY call witness to appear telephonically to testify to the accuracy and genuineness of the exhibits or any other matter deemed necessary (LOL). Then it states that pursuant to a GA code they MAY submit Business Records Affidavit (is this not exhibit A???) execute by a qualified witness that specific records entered into the record are authentic and admissible under GA code. Plaintiff MAY rely on this affidavit in lieu of calling a witness to trial. Again, isn't the bill of sale the business record and the affidavit? If not the affidavit, why not include it with complaint. It appears I can request summary judgement due to the findings I stated above? Many of the defenses I bring were also brought up by Cach of Colo., LLC v Lazarovwsky http://law.justia.com/cases/new-york/other-courts/2014/2014-ny-slip-op-51759-u.html However, Lazarovwsky primarily won on Cach using their wrong name, and therefore I am unsure if what I bring up really matters. Would anyone with expert knowledge like to help me this matter? I am very appreciative of any help. Thanks!
  4. I was served this (Sheriff left the packet by the door and then mailed me one page Summons). The plaintiff is a debt buyer and the attorney is just the owner of one of the owners of the JDB. I would really appreciate it if I can get help regarding answering this Lawsuit. I need to answer it first and then later address the affirmative defenses and possible counterclaims. I don't have anything on account. Not sure even if there are the same last digits of the account that they mentioned so I am not sure of the SOL. Please find below what I received and help me draft an answer. I did have a CITIBANK card a long time ago but it had a limit not even half of the JDB is alleging. This is in Massachusetts and no form required. I have to answer within 20 day. However, I only have about 10 days left for this and would like to be done with it ASAP as I have not have any sleep since I got it last week. xxxxxxxxx is a debt buyer and does not have to be licensed in Massachusetts since a Lawyer is representing them. The Lawyer office is the collection company and in fact he is a member of the company (may be sole owner)/. xxxxxxxxxxx is registered in Massachusetts. Thank you very much for your time and help Complaint: xxxxxxxxxxxxxxx, LLC as Assignee of CITIBANK, complaining of the defendant,XXXX Alleges as follows: 1. Plaintiff is a New Hampshire Limited Liability Corporation having a usual place of business at xxxxxxxxxxxxxxx 2. Defendant is an individual xxxxxxxxxxxxxxxxx Middlesex and the commonwealth of Massachusetts Count I: 3. The defendant entered into a credit card agreement ("agreement") account number xxxxxxxxxxx5400 with plaintiff or its assignee/predecessor 4. Under the terms of the agreement,plaintiff agreed to extend credit in consideration of defendant's promise to pay a specified monthly amount. 5. The defendant failed to make payments as they came due, thus defendant was in default of the agreement. 6. Citibank, NA assigned all of its rights, title and interest in the account to plaintiff. As a result of the above, Defendant is now indebted to plaintiff in the total amount of 12K Count II: 7. Plaintiff repeats, reiterates and realleges each and every allegation set forth in paragraphs 1 through 6 inclusive of the complaint as if set forth herein in full 8. CITIBANK, NA, Plaintiff's assignee, conferred a measurable and valuable benefit on Defendant by allowing him/her to use credit card to obtain goods,services and other valuable benefits. 9. A reasonable person in Defendant's position would have expected to compensate CITIBANK,NA for using its credit card to obtain valuable goods and services 10. CITIBANK, NA provided the benefits to Defendant with the reasonable expectation of being paid. 11. To date, Defendant has failed to compensate Plaintiff, or CITIBANK, NA, for the benefits received. As a result of the above, Defendant in indebted to Plaintiff in the total amount of 12K
  5. I just received a call from a women name Dawn (818) 534-3124 about a debt that is 6 years old and she tells me they have already won a default judjement against me last year and they will start to take money from my paycheck every month plus interest if I don't agree with the settlement that they are providing. I am suppose to get back to her by tomorrow with my decision. I have never received a summon or being served to show up in a court and she is threatening that she will call my workplace and has the authority to have my workplace give them 25% of my paycheck untill the debt is over. 1. Who is the named plaintiff in the suit? Dawn 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) AR and Associates 3. How much are you being sued for? $6500-ish 4. Who is the original creditor? (if not the Plaintiff) Newman Marcus 5. How do you know you are being sued? (You were served, right?) Just phone call from this lady, Dawn 6. How were you served? (Mail, In person, Notice on door) Phone call 7. Was the service legal as required by your state? Not Sure 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, CA 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) More than 5 years ago, but I'll find out the exact date. 11. What is the SOL on the debt? I don't know 12. What is the status of your case? Suit served? Motions filed? They have won a default judjement against me 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, didn't know I was being sued 15. How long do you have to respond to the suit? Until monday 02/23/15 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. None, I haven't asked for anything yet. Please help, thank you in advance for your time David