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I received a summons for a limited collections from Blier & Cox in Encino California (representing Capital One). I need to deliver my ANSWER CONTRACT back to the court in a few days. How can I answer this as generally as possible?. I need to request discovery before a case management meeting. Please help ASAP Thank you. Here's my story: 1. Who is suing you? the Law Firm of Blier & Cox in Encino CA 2. For how much? $12,500 3. Who is the original creditor? Capital One 4. How do you know you are being sued? A summons was served on March 7 5. How were you served? By serving company (but it was not served to me and was never mailed) 6. What was your correspondence (if any) with the people suing you before you think you were being sued? NONE 7. Where do you live? Contra Costa Country Northern California 8. When is the last time you paid on this account? Approx. LESS THAN A YEAR AGO 9. What is the status of your case (if anything has been opened)? I've called the County Court Department that was assigned the case and they told me to return my answer contract and a case management meeting would be the next step 10. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) NO 11. Did you request debt validation before the suit was filed? YES 12. Does your summons require a response? Yes, I must get this to the court in 2 days! Received it late because I was not here to accept it and never got it in the mail. If you don't get a questionnaire with your summons, you are still probably required to answer it in writing. We need to know what the "charges" are. "Complaint for Money" BREACH OF CARDHOLDER AGREEMENT 13. What evidence did they send with the summons? An affadavit? A statement from the OC? Anything else they attached as exhibits? NONE 14. What is the SOL on the debt? 4 years
Hi, Thanks for reading my post, believe me your time and any advice is greatly appreciated. Here’s a little bit of history on my case. I’m a defendant in a limited civil suit. Received the summons right after Turkey Day, filed my answer with only one day to spare (given that I had 30 days to file), received a CMC 3 days after I filed my answer. The CMC is in a few weeks. After doing my homework I knew that as a defendant 1- I have to make them prove their case. 2- I have to send them a Bill of Particulars, along with interrogatories, request for docs, and admission – which I sent to the Plaintiffs and filed with the court. I just received their answer to my Bill of Particulars, the thing is it looks like it’s bits and pieces of a statement. Meaning at the top of the paperwork it has xxxxx Account Statement - Account Number xxxxxx, From Nov. to Dec. 2010 And in the body there are two boxes The first box Interest Charge (there are 4 sections) Purchase 1 - APR xxxx, Balance - Subject To Interest xxxxx, Interest Charge xxxxx Etc. The second box Credit Info. (there are 7 sections) Purchase 1 - Date xxxx, Previous Balance xxxx, New Balance xxxx, Min. Payment xxxx, Defered Interest xxxx, Payoff Amount xxxx The thing is the Statement Date at the top of the page and the Purchase Date in the second box are different in years. Also all it states is Purchase #1 and so on and nothing else. They are also using it as evidence. Is this correct in their answer to my Bill of Particulars? Although I have yet to get their answer to my interrogatories, request for docs, etc. I noticed that it is now a new lawyer handling the case. I’m not sure what happened to the first lawyer who filed the complaint and signed a statement claiming it was all true. The plaintiff is listed as XXXXX assignee of XXXX. I’m also wondering what should I expect in the CMC. What will the judge ask? How should I respond? Any info, advice and help given is greatly and so very much appreciated. Thanks.