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Found 2 results

  1. Hi, this is my first time posting. Although I am somewhat familiar with debt collection/validation procedures, I am NOT so savvy in the summons - we're-suing-you procedures. I was served a limited, civil summons in person eight days ago saying that the Plaintiff, Razor Capital LLC, (represented by Nelson & Kennard) is suing me for just over $2000 for a debt that they claim that I owe to GE Capital Retail Bank. I have been getting voice messages from Nelson & Kennard for the past couple of months (I did not call them back), but I have never received a dunning letter or any other kind of correspondences from either Razor Capital LLC or Nelson & Kennard. I called Nelson & Kennard and recorded the call in which I told them immediately, and they told me that they had sent me a demand letter on April 3, 2013. I keep maticulous records and would have requested validation right away if I had received anything from them! This account was sent to collections three years ago to a different CA and when I requested validation from them, they did not respond; I never heard back from them. This account is being reported by only the OC on my CR. My question: Is there an FDCPA law that requires CA's/Attorneys to send a demand letter to an alleged debtor more than one time before they just go and try to sue someone??? Also, my name is on this summons, but my address isn't, is this normal? I am going to the court (15 miles away - ugh, there's a superior court 2 miles from me!) on Tuesday (Nov. 5) to get the appropriate forms that I need to file my answer. Thanks again! Jo
  2. Hello and thanks for your attention. I am ALSO in quite a pinch. Im new in this forum (my first forum ever) and i'm not exactly computer literate. I am also in quite a dilemma and have procrastinated to long on this matter. I cannot afford a lawyer at this time ( very long boring story, i'll save you the violin and drama) . Anyway after finding this website, i'm now feeling much more confident in moving forward in answering the complaint.( thanks to all you) Please see the following info as I greatly appreciate all your time and attention. I must answer this complaint by this tuesday( two days from now) . am am nervous an kinda going in circles on this website and forum. I sure hope I am posting this in the correct place? I have recently obtaind my credit report, it got charged off.....then i called the credit card directly and asked "whats the status of that acccnt'' and a woman said "it is no longer with us and it has been placed with an agency" and said "its placed with American Alliance of creitor Attny" .... However, i have been recieving letters and voice mails from Nelson and Kennard, whom mentiones themselves as a debit collector, has been leaving messages on my cell phone for over a year now... here goes.... 1) Who is suing you Attny Robert Scott Kennard, s.b.n. 117017 Nelson & Kennard Sacrememnto CA Attny for US Bank National Asscoiation Plaintiff : US BANK National Association ND Defendant : Me "does one to 10" 2) How much? This 'complaint' is for over $10,000 and under $25,000 3) original creditor was US Bank 4) How do i know im being sued? papers were personally served 5) how was i served? Papers were served to myself at my parents house where i 'sometimes' reside. I lost my house in a short sale last year. 6) What was my correspondence w the persons suing me? No contact with the plaintiff/ attny. I only recieved mailings to my PO Box and never replied to them or any telephone calls. 7) Where do you live? San Diego CA 8) The las time i paid on this acct was approximately two years ago ( guestimate) ... The account was opened up in 1996. 9) What is the status of my case? I was served a summons 3.5 weeks ago, my response(answer) is due on tuesday. 10) have you disputed the debit w the credit bureaus? both the original creditor and the collection agency? I have not disputed it with either. 11) did you request debit validation before the suit was filed? no 12) Does you summons require a response in writing? I believe so, It states "defendant must generally appear within 30 days of service of complaint" so im working on putting together a 'general denial' as i think this would be my next step. 13) What evidence did they send with the summons? An affidavit? A statement from the OC? Any attached exhibits? Nothing to my knowledge. of course except for the 'generic' info stating who,when , where, why, etc... Plaintiff is US BAnk National, action is a limited civil case, some wierd stuff about each defendant is a natural person " Does are unknown to plaintiff" 1-5 and 6-10 are persons are whose capabilities are unknown to the plaintiff( something wierd) And the causes of action are 'common counts' . and that other allegations " prior to commencement of this action, the defendendants were informed in writing that if an action were commenced, the plaintiff may recover its court costs, where allowed by law, in aditional to principal and interest otherwise owed".... then the next page "CAUSE OF ACTION"-"COMMON COUNTS" as an attachment to complaint states that i became indebited within the last 4 years for an open book and that it was stated in writing and agreed. ( they didnt check off the box that said 2 years, they checked it off for 4 years FYI) for "21,000 is due and unpaid despite plaintiffs demand, plus prejudgement interest".....then after that they didnt check off the [ ]according to proof [ ]at the rate of_________percent per year from date;_______ ( kinda wierd how they left these blank? 14) what is the SOL on the debit? Well, i think i last made a payment 2 years ago( guestimate) however i have had the account since 1996. So, there;s my complaint inna big nutt-shell......im working on printing the general denial form PLD-050 and the proof of service form POS-030 and get buisy, like QUICK buisy. I do have some questions...... 1) since the complaint is not verified....i can go ahead and fill out the general denial form and use that form for my 'complete' answer? do i put the affirmative defences right on that form? What affirmative defences should i use? (or do you advise that I use) 2) I understand that I must deny the allegations except for mu name and their name .....but do i also do the request for discovery at the same time as my answer? or later? ( i just need to stay focused on what i absolutely need to accomplish at this moment and worry bout the next step later) 2) Request a BOP right now? I think this is a scumm bag collection company.....and i dont know even if or how they are 'exactly' related to the OC, if at all? PLEASE HELP! Sincerely submitted, California Guy
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