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Hello everyone, My mom who is widowed, speaks zero english, and has no income has been sued by Unifund LLC. I scrolled through other threads and was hoping to find some more help. I intend on serving Bill of Particulars by Certified Mail, RR Requested on Monday and filing a General Denial by the due date. What should I anticipate after? What are the odds of actually going to trial? My mom has a weak heart and would hate to put her through such anxiety of going to a courthouse before a judge. I am providing general info below. Thank you for all your help and any insight on past outcomes would be great. 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.) Resurgence Legal Group 3. How much are you being sued for? ~$5,500 4. Who is the original creditor? (if not the Plaintiff) Barclays Delaware 5. How do you know you are being sued? (You were served, right? Papers served 6. How were you served? (Mail, In person, Notice on door) In person 7. Was the service legal as required by your state? Yes Process Service Requirements by State - Summons Complaint 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) Oct 2016 11. When did you open the account (looking to establish what card agreement may be applicable)? Not sure, maybe 2014 12. What is the SOL on the debt? To find out: 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). Suit served but no POS on file. Case status pending, OSC regarding service Oct 2021 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 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? 30 days 17. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. Ex A - One Month Statement Ex B - Bill of Sale (there were about four different debt buyers before them) Ex C - Redacted rows showing name and last four credit card acct number 18. How did you find out about this site? Google
1. Who is suing you? The Moore Law Group 2. For how much? $21,000 3. Who is the original creditor? Capital One Bank (USA), N.A 4. How do you know you are being sued? Was Served Summons 5. How were you served? Were you served? In Person at Home 6. What was your correspondence (if any) with the people suing you before you think you were being sued? They sent a letter regarding the debt and that they were intending to collect it on Capital One Bank's behalf. They attached the last bank statement of when the account had ceased payment, along with a letter stating the same thing, which didn't show any solid proof that it was my debt. 7. Where do you live? California 8. When is the last time you paid on this account? 2013 9. What is the status of your case (if anything has been opened)? You can find this by a) calling the court or looking it up online (many states have this information posted daily). Has a case number, says summons issued, case assigned. 10. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) When they initially sent the first letter stating that they were going to collect the debt on Capital One's behalf, I replied with a letter denying the allegations, and requesting for any evidence they had. 11. Did you request debt validation before the suit was filed? If not, don't bother doing this now. Yes, and they sent a letter from the original creditor of when my account had ceased payment and a copy of the last bank statement. Other than that, they sent no other proof. There was no signature on either of the documents they sent, which seems to me that they might not even have ample evidence. 12. What evidence did they send with the summons? An affadavit? A statement from the OC? Anything else they attached as exhibits? A statement from the original creditor. 13. What is the SOL on the debt? 4 Years *I'm currently in the process of writing my discoveries and would really appreciate some guidance. I was served on October 2nd, I replied denying the allegations. They sent a letter about two weeks ago for mediation, to which I did not respond. About four days ago, they filed a Case Management Conference for me to attend in a month. I am confused as to why they are already filing a CMC so soon? I thought that happens later down the line. What should I expect from the CMC and how should I prepare for it? Should I send my discoveries before or after the CMC, if, at all? I've been reading on a couple threads that it is better to not send discoveries as it will allow them to become more prepared. So, I am conflicted as whether I should go forward with the discoveries or not, or just wait 45 days before the trial date and file a CCP 96? I'm really new to this and am not too knowledgeable about all this. Also, should I request a trial with or without jury?