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Good ole' Swim got a letter in the mail from Hunt & Henriques (H&H) recently.... The letter claims the amount owed to CapitalOne (CO) is ~$6,000.00. Swim responds well within 30 days via Certified Mail Return Receipt Requested (CMRRR), with a simple request for validation. Something along the lines of... "I dispute this. Validate. P.S. Don't call me." H&H wastes no time and sends about a years worth of statements from the alleged CO account, which includes a page from CO that the account was charged off. That's it. A few days later H&H sends their notice of intent to file suit: Swim lives in Southern California, and already checked -- arbitration is out the window due to CO removing that clause. From what Swim can tell, H&H didn't actually validate the debt, and the SOL is in effect for a few more years. Not sure is CO owns the account and H&H represent them -- or if H&H is a Junk Debt Buyer (JDB). And at this point does it make a difference? Should Swim respond and further dispute the alleged debt? Or simply sit back, continue to read up on California threads on https://www.creditinfocenter.com to formulate a game plan, and wait for their next move (which is likely to be what?)? Presumably, with COVID, H&H has collections up to their eyeballs, and Southern California courts are experiencing delays... it could be some time before this makes its way into a courthouse? Or is that wishful thinking? Good ole' swim isn't an easy target, and isn't going to roll over. What's the best course of action to get a jump start to defend against this alleged debt, presuming H&H follows through on their intent to file suit? Thanks! ~Swim

I would like someone who is from California to help advise, please. Understanding that the new law, the Fair Debt Buying Practices Act (California Code Section 1788.50 - 1788.64), puts stricter validation responsibilities on JDBs, and I need to draft a BoP, should I mention this new law in my BoP? Or just KISS (keep it simple, stupid)? The FDBPA, by the way, is mentioned in the Complaint. Also, I've read at Nolo the following: Do I therefore specifically request in the BoP the cardmember agreement? Also, based on my case below, do I need to check #2 on the General Denial (the Complaint has not been verified, only venue and certificate of assignment of the complaint have "I declare under penalty of perjury..." and signed by the attorney)? Any and all advice how to proceed is very welcome. 1. Who is the named plaintiff in the suit? LVNV Funding, LLC 2. What is the name of the law firm handling the suit? Hunt & Henriques 3. How much are you being sued for? $1387.39 4. Who is the original creditor? Credit One Bank 5. How do you know you are being sued? Summons & Complaint in Civil Court ~ Not verified. 6. How were you served? In 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, San Bernardino 10. When is the last time you paid on this account? No grounds for SOL (4 yrs in CA) 11. What is the SOL on the debt? California SOL: 4 Years 12. What is the status of your case? Just Served (Christmas Eve 2015) 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? 30 days ~ Complaint for (1) Account Stated, (2) Open Book Account. Did you receive an interrogatory (questionnaire) regarding the lawsuit? No 16. What evidence did they send with the summons? Exhibit A: credit card statement (07/2014) ; Exhibit B: credit card statement (02/2015) That's it.

I recently got word that I was sewer served again by H&H. I haven't seen the summons yet however I'm anticipating that it will be exactly the same as the previous case. This one was about a month away from SOL. I'll keep this updated so others can learn the process. I don't expect to to have any questions this time around. For anyone who would like to see how confused I was by all this the first time, and a detailed account of how we got them to dismiss the case, here is the link to my other topic: John

I'm writing up my Objection to Plaintiff's Declaration in Lieu using @h8spleadingpaper's objection as a exemplar. I have a few questions and am hoping the California folks can help me out. For Argument A ("Failed to Comply With CCP Section 98") H8 states the declarant "does not say where the declaration was executed. He also does not give an address in California where he may personally be served." For my case, the declarant does give an address in La Jolla, CA where "this affiant is available for service of process ... during the 20 days immediately prior to trial. If service is of process cannot be effectuated at the aforementioned address, I authorize the Defendant to contact attorney XXX for purposes of effectuating proper service on my behalf." Also, the last line of the Declaration says "Executed on this day XXX, at San Diego, CA." So, I'm thinking I should either strike Argument A or rewrite it such that it only says the declarant was unreachable* by the process server. * The subpoena will be issued on Monday and I'm guessing the declarant probably won't be available, but will know for sure soon enough. I go to trial this week as well, so am getting the subpoena in just under the wire. I won't have 5 days to file the objections with the court, but do plan on overnighting a copy to PRA's lawyers so that they are aware I plan to fight back with gusto. Is this correct? -- PS: I'm terribly behind. I have two cases in motion - but they will be months apart. Unfortunately, I haven't been organized and missed my chance to do the preliminary stuff on suit #1. Nevertheless, I am inspired by those that have crammed a lot of learning into a short time and come out the other side. I'm determined not to let being behind stop me from trying. (Also, I worry that not fighting this will send the wrong message when it comes to suit #2. So, I'm in it to win it.) The one thing I have done is read, read, read this forum! I've seen that the members here will help people who are willing to do the work - and I am willing to work hard. Will probably have more questions over the next week, but I'll keep them all contained in this thread. Thanks in advance!

Thank all of you for the abundance of information posted here. I'm very grateful and have some hope that this will be settled soon. I have about 2 weeks to file a denial. I'm very confused with the terminology and writing here, legal language is not my thing. I'm going to keep reading and studying but I'm very short on time. If anyone could help me with the specifics and tell me how to file the denial, ccp, BOP, and other documents so that a dummy could understand that would be a huge help. I don't even know how to fill out the POS or who it's sent to! I'm not sure if I was legally served either, since some lady just threw a stack of papers on my dads doorstep without an envelope. That doesn't seem right. Also, after those are filed with the court how long do I have until I need to respond again, or appear somewhere? I won't be back until the end of July. Thank you in advance! 1. Who is the named plaintiff in the suit? PORTFOLIO RECOVERY ASSOCIATES, LLC 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) HUNT & HENRIQUES, Attorneys at Law 3. How much are you being sued for? $4k 4. Who is the original creditor? (if not the Plaintiff) US BANK, who sold the account to Plaintiff. 5. How do you know you are being sued? Left a stack of papers on my parent's porch, no envelope. 6. How were you served? I'm not sure if I was. 7. Was the service legal as required by your state? I don't know. 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, SONOMA is where my parents lived, however I do not. The summons says "defendant lives here now." 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) 11. What is the SOL on the debt? 4 YRS 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). I called the court, they said the case was filed and refused to give me any other info. 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 don't think I received a questionnaire, The paperwork I received is confusing. I'm being sued on CC-1 COMMON COUNTS, within the last four years, an open book account for money due because an account was stated In writing by and between plaintiff & defendant in which it was agreed that defendant was indebted to plaintiff. Within the last four years for goods, wares, and merchandise sold & delivered to defendant & for which defendant promised to pay plaintiff the sum of $4,xxx.xx for money lent by plaintiff to defendant at defendant's request. For money paid, laid out, and espended to or for defendant at defendant's special instance and request. CC-2 $4,xxx.xx, which is reasonable value, is due & unpaid despite plaintiff 's demand, plus prejudgment interest at the rate of 0.0000% per year from date Jan 31, 2013 CC-4 Plaintiff purchased the account from the original creditor or its successor(s) in interest. Plaintiff is the current owner of the account. 16. What evidence did they send with the summons? An affidavit? Statements from the OC? NO EVIDENCE AT ALL.

1. Who is the named plaintiff in the suit? Portfolio Recovery Associates, LLC 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Hunt and Henriques 3. How much are you being sued for? $5,832 4. Who is the original creditor? (if not the Plaintiff) U.S. Bank National Association 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) Served in person at my 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? Debt validation request. Nothing else. 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) Unknown. According to the CA, May 2013. 11. What is the SOL on the debt? To find out: 4 years 12. What is the status of your case? Status: Pending (info via the court website) Under case information, the court shows Summons Filed, Collections Case Complaint Filed, and Proof of Service Filed 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? Yes. They responded with copies of a year's worth of statements. 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? Response is due tomorrow (Aug 14). 1) Account Stated Prayer Amount: XXXX Limited Civil 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. Exhibit A: Statement from May 2013 Exhibit B: Statement from Dec 2013 (time of charge off) 17. Read this article: Done! I've been reading posts on the forum, but now that it's time fill out my own response I'm worried about getting it right - to the point of paralysis. There's no more time, I have to take the paperwork to the court tomorrow. Can someone please point me in the right direction to help me get started? Also thought it would be helpful to have my own thread since I will likely need more help along the way.