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Found 8 results

  1. Hello, I have read on this site that there are quite a few people familiar with this law firm. I have not been served yet and would like to get ahead of the process just in case. The document attached was sent to my mothers residence after I moved from CA to UT so the law firm does not yet have my new address. I'm not sure whether to call the law office and request further information or how to proceed. I have no clue what debt that are trying to collect on, how much they are expecting to collect, etc. This debt is in my maiden name also. From the information I have gathered from other threads these people are not nice or easy to deal with. Any and all advice on how to proceed would be greatly appreciated. Kind Regards, Silver
  2. My husband is being sued by for a target credit card issued by TD bank. TD bank is named as plaintiff. . I need advice with what to put as affirmative defenses on a general denial with the intention on settling for a lower amount. We have a week left to answer the summons.
  3. Hi everyone, I am new to this site but have read many threads. I am sued, served on 12/19/2018 by Portfolio Recovery. Here is my paperwork they served me. I need to file my GD in a week. I need guidance on how to handle this. What affirmative defenses I should claim? or just deny all. Thanks a lot for all your inputs. PRA 2019.pdf
  4. Whoops, I may have blown it. I'm afraid I may have done a stupid thing. I filed a general denial to respond to a summons from an OC. But I included the signed Proof of Service form in the envelope that was mailed to the OCs lawyer. Did i blow it? Is my poor neighbor who signed the form going to be brought up on perjury? Editing to add way more detail.. I had a major lapse in judgment and it just hit me how bad it was. I'm going to lay it all out and hopefully you guys will be willing to offer some advice or tell me not worry about it. I'm on Day 30 from when I was served a Summons from an OCs lawyer. I freaked out for three weeks and then decided to get down to business.With this forum's help, I decided that a General Denial was the way to go. It's very difficult for me to get time off of work on short notice, but I was able to get away last Friday afternoon a little early to go file the paperwork. I went to drive down to the courthouse (a 45 minute drive for me), and my car wouldn't start. Long story short, I had to buy a new starter and battery and couldn't get down to the courthouse. I stressed out all weekend but (thought) I had everything together so I snuck away from work for what I thought would just be a really long lunch. As I was putting my papers together, I realized that I completely forgot about the Proof of Service. So I panicked. I don't have any friends in the county and I sure cannot ask my coworkers. I can't really afford $75-100 to pay a process server. My family members all live far away. So i asked my neighbor if she would sign the Proof of Service and I'd mail everything. She's in her 70s and rarely leaves the property. I didn't feel right asking her to make the 20 minute drive into town. Plus, it was like 2pm and I was in a huge rush to go make copies of everything and get to the courthouse. I don't have a printer so I had to drive to a library about 15 mins away to even print originals. I wrote in everything on the form except for her name and signature. It's clearly different writing than her name and signature. I stopped by a FedEx on the way to the courthouse and made copies of the GD and the POS. I filed everything at the courthouse, then went to the Post Office and sent out the GD to the lawyer. I was thinking I needed to put the POS in the envelope, so I put in a copy of the signed POS. Oh no. It looks even worse in writing. I'm an enormous idiot. Now what do I do? Pray that the lawyer sees signed POSs all the time and doesn't bat an eye? Prepare to get called out? Anyone else do the same thing and can report on the outcome? Thanks in advance for advice, and please be gentle in any chastising. I already know I did wrong
  5. 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
  6. 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!
  7. So, it's been a rough few years. Last month, just as things were starting to pick up, I was served by Midland - talk about bursting my bubble. So, I'm getting ready to address this and have spent a great deal of time on this site researching this kind of suit. Time to ask for some advice, my details are as follows: 1. Who is the named plaintiff in the suit? Midland Funding LLC 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Midland. 3. How much are you being sued for? ~ 5K 4. Who is the original creditor? (if not the Plaintiff) CHASE 5. How do you know you are being sued? (You were served, right?) Served with summons 6. How were you served? (Mail, In person, Notice on door) In person, summons left with family member. 7. Was the service legal as required by your state? Yes – far as I know 8. What was your correspondence (if any) with the people suing you before you think you were being sued? I may have spoken to them on the phone. 9. What state and county do you live in? San Diego, CA 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) I was not outside SOL. 11. What is the SOL on the debt? To find out: 4 years in CA, or 3 years if Chase invokes Delaware law. 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). Summons was delivered, that's it. 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. I’m ready to respond, probably tomorrow. The complaint is for ACCOUNT STATED – this is the only complaint in the papers. I did not receive an interrogatory. 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. Nothing.
  8. Saw this on a courts website and made a redacted version. This may help others and is not my creation but none the less it is very good.