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Found 4 results

  1. I was sued by Kenosian & Miele and got some good advice here previously, so... My trial is at the end of July and I'm wondering how best to proceed given that time frame. I sent them a BOP and M&C months ago, which they never responded to, but I did not follow up, unfortunately, as I shifted my attention to opposing their Motion to Deem Matters Admitted which came in shortly thereafter, (that the debt was legitimate, mine, and I didn't pay) Their motion was denied. I have propounded no discovery as of yet, just responded to their request for documents and admissions and then opposed their motion to deem matters admitted. I was wondering if I should send another BOP and do it right this time, or just ask for the documents they plan to use at trial. I want to see their Bill of Sale, of course, which I asked for in the original BOP. Any advice would be appreciated.
  2. I've been sued by Unifund (attorney is Kenosian & Miele) for a credit card debt with the SOL set to expire in a couple of months. Have not been served but have been checking the Los Angeles County Superior Court web site. Another creditor from the same general time period sued, never served me, claimed they did, and we settled. After that experience, I began to go to the nearby branch court once a month or so to look up my name, and whenever I found a new lawsuit I would take a look at the file. Eventually another creditor tried to do the same thing. The clerk had laid the loose request for default on top of the summons and complaint already in the binder. I think the default clerk did the defaults only one day a week, or something. I answered the complaint before the default was actually issued and they eventually dismissed without prejudice before trial. After a recent court consolidation, all the civil cases of this type were moved a lot farther away, so I haven't been going in to check the actual files, so now I'm kind of paranoid that this law firm might do the same thing. How worried should I be about this? I live alone and am gone quite a bit, so personal service won't be easy for them, but it's easy to leave it on the porch when I'm gone and pretend I was there. I work from home so there's no job that would verify my presence or anything like that. When I'm gone, I'm out of town, so I would have travel receipts in the event I filed to quash service, which is pretty much all I would know to do after the fact. I don't want to answer without being served, since a couple of other creditors sued, never served, and later dismissed. In CA, if they file a POS and request for default, is there a short window during which an answer will still be accepted, or did I just get really lucky with that second suit? By any chance does anyone know how long it takes before they update their web site? Lastly, if this does happen, how long after a default judgment can they begin collection proceedings like bank account liens and such? I also received a notice in the mail from a law firm that claims to help with stuff like this and they had the case number, which was a first for me. Not that this matters, it was just surprising. Sorry for the length, thanks in advance for any insight. Almost forgot, one more issue. It's my understanding that if a creditor sues and then dismisses, the statute of limitations is unaffected. That is, if the date passes after the dismissal and they have not refiled or otherwise reactivated the suit, I would have an SOL defense. Thanks!
  3. Hello Fellow Debtor Fighters: I received a summons from UNIFUND CCR LLC, via their lawyer Kenneth J. Miele, in Santa Monica, CA. This is a verified complaint, so they must have something on me. I want to know UNIFUND’s Kenosian & Miele’s law firm’s process of winning cases. I'm hoping they use the same strategy every time, because I chose to fight this and win the easiest way possible and I believe I may be able to if I confirm their Mode of operation from others who have gone up against them. Very important: This is the first I have ever heard of Unifund that they wanted to be paid their money. The summons is the first time this law office and/or UNIFUND has EVER contacted me about this debt. ( I saw on the court website somebody was trying to sue me, as I keep tabs on this stuff, but I have NEVER been formally contacted or reached out to about this debt until being served this summons a few days ago) The debt they speak of does NOT show up on my credit report for any of the 3 credit reporting agencies. ALL the other credit card I defaulted on do. Why? How are they even suing me for what does not exist on my credit report? Based on this alone, I feel justified to make My current legal standpoint that: THIS IS NOT MY DEBT. For how and why would they disappear a credit card debt record from my credit history as if it NEVER existed. (I know this must be a tactic on their part. I don’t know why or how they did this. Any info,/explanation would be appreciated) The summons was filed January 4, 2013. I was served FAR beyond the 60 days to serve a Defendant a complaint. This should have been thrown out at the Proof of Service hearing in July 2013. It was not. There is court restructuring of cases going on in the court system here and perhaps this is why. My case was transferred from Long Beach to Norwalk and remained active after it should have been dismissed for no proof of service. Now? I have been served. (One of my trumps ( if I can get away with it), will be to ask the court that the case is dismissed based on being served 9 months after the complaint was filed. If I do this at the trial, I will win and get my ultimate goal which is reaching the statue of limitations. If I can get the judge to dismiss it at trial, UNIFUND would have to refile their case, but at that time they would no longer have legal standing because of the SOL which end November 22, 2013. (This is One option I am keeping on the burner.) I have been reading a lot online and I see people taking the offensive for UNIFUND and other 3rd party JDBs that are suing them. If I have to I will. But until I know how Kenosian & Miele present their case, I'm not making my strategy yet nor filing an answer...yet the clock is ticking on my time to answer. My questions are : For UNIFUND being represented by Kenosian & Miele form Santa Monica California, does Kenosian & Miele do the following? Do they use the "Declaration in lieu of live testimony" ? If so-- Is their affiant‘s address the Law Offices of Kenosian & Miele? Or Does their affiant live 150 miles within the court district? Who is the typical witness name for their Declaration in Lieu of Testimony? Does this witness appear in court of you file a notice to appear for them? What proof does Kenosian & Miele for UNIFUND offer in court? A signed contract? How many billing statements? Signed checks? Do they show their assignments and legal right to sue for this bought defaulted account? What are their affiliate’s names? Did/does their paperwork refer to other collection agencies? Basically I want to know what they come up with. Everything you went through with them. Any help is appreciated. Thank you again. P.s. I forgot to ask this--this is Verified Debt. No attachments to the complaint, but the verified letter is at the end of the complaint via the lawyer. May I lump the paragraphs together such as “In paragraph 1,2,3,4,5, Defendant denies blah, blah, blah.” Or do I have to separate each paragraph and say I deny that particular paragraph using the same wording over and over? I have already started my answer, affirmative defenses, I can come up with the rest if I have to be offensive, but I want to hear back from people that have fought them in the last 6 months to see what route they take in trying to obtain a judgment in their favor. I will scan my documents and post them as I get going too to help all who come after me. Thank you all.
  4. I need to know their strategies for winning cases. Declaration in lieu of testimony? What evidence do they submit ? Etc. Thanks.