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Found 2 results

  1. 1. Who is the named plaintiff in the suit? ABSOLUTE RESOLUTIONS V, 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, PC 3. How much are you being sued for? $3,xxx.00 4. Who is the original creditor? (if not the Plaintiff) CAPITAL ONE BANK (USA), NA 5. How do you know you are being sued? (You were served, right?) Summons provided by someone claiming to be a process server 6. How were you served? (Mail, In person, Notice on door) In Person 7. Was the service legal as required by your state? Yes, as far as I can tell 8. What was your correspondence (if any) with the people suing you before you think you were being sued? Nothing 9. What state and county do you live in? Los Angeles, CA 10. When is the last time you paid on this account? Complaint alleges that the date of default of for this supposed account (while still with OC) was in October 2010. 11. What is the SOL on the debt? 4 years in CA (based on the dates provided in the Complaint, if true, it was filed approximately 2 weeks before expiration of SOL) 12. What is the status of your case? Suit served? Motions filed? Complaint filed, Summons Served. Answer served on Plaintiff. Demands for BOP and POD sent and Responses received. Matter set for Trial in early 2016. 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. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. The Complaint (signed by JDB attorney), a photocopy of an old alleged CC statement from 2010, a photocopy of the alleged Bill of Sale Agreement for a multi-million dollar bundle of accounts with the sale price blacked out (containing no information germaine to Defendant), a photocopy of an alleged Assignment of Receivables from the CEO/president of the JDB Plaintiff (again, no specific info, just a statement that the Assignor is the owner of receivables) dated to 2014, and a Declaration in Support of Reduced Filing Fee.
  2. Hi all, I'm a new user here, and new to all of this, (hence my user name) so please forgive my ignorance, because I'm sure there is a lot of it. Anyhow, I'm in Southern California, and about two weeks ago, a man came to my house and wanted to give me papers. I never identified myself as the person they were looking for (nor did the words "served" or "you've been served" ever come out) and the man just dropped off the papers and left. Now I spent the last two weeks doing research on what to do (I don't have an income but my wife does, we don't own our house nor our cars, no really significant assets) and/or who to contact. Fast forward to today, and the same guy comes back asking for my wife. Turns out it's the same legal firm, for the same company (Absolute), for the same card issuer (Capital One), but for an amount that is about four times the amount they are suing me for ($3,200/$900). So what information should I provide here? I'm not entirely opposed to paying the debt, but I hate to line the pockets of a random junk debt buyer. The first summons was brought here on September 10th (says the summons was issued on August 29th) and then the second one (for her) brought here today (issued September 10th). I don't have the money to file an answer. We don't have much income after we pay the necessities (rent, car payment, car insurance, utilities) and our son is special needs. Not sure if that matters or not, but I heard I could possibly get the fees waived? I don't want to ignore these and have $4,000 turn into $10,000 and have wages garnished. I check the SOL and it looks like they filed the suit a few days before it was up. They attached evidence such as a statement showing my last owed balance along with a payment (both in 2010 one for each card) and a form that showed they purchased the debt from Capital One for $32 million dollars (hers said $12 million). The amount they paid for the debts is blacked out. There's also a form from the CEO of the company saying they took ownership of the debts. Our account numbers aren't anywhere to be seen, except of course on the statements. There's also a notice at the back that says we can avoid court by calling in and arranging payment, along with another series of papers asking for a reduction in the filing fee for $44. Not sure what that is about. Both cards have a combined interest/fees amount of $600-$700. Both lawsuits say a hearing is scheduled for 2017 in Chatsworth courthouse. Not sure why it's so far in advance. Nowhere on the papers does it say we have to be in court. So what are my options at this point? Please ask as many questions as needed, I will provide any information I can that will help me out. I appreciate all the help, and God Bless. I almost forgot, they are suing for: Breach of contract, account stated, open book account, and indebtedness on both lawsuits.