Search the Community

Hi, I've been a lurker off and on for the past year and now it's crunch time. I was sued by a JDB on october 11th, 2013 and responded to the summons legally on dec 26, 2013. I filed a general denial(PLD-C-010) with one affirmative defense "plaintiff admits to purchasing debt allegedly owned by the defendant, causing plaintiffs injury to its own self, therefore is barred from seeking relief for damages." I then countersued for loss of consortium and sleep. I received a notice of a court trial on 1/29/15. It's a little less than 4 months out. I figured it was time to start the discovery process or just do something. That's where I get a little lost. What should I be asking for? their business/lawyer license? Anything to send them on a time sync? And nothing in regards to the actual debt as that is their responsibility to furnish and I shouldn't lead them to furnishing that right? I've tried finding the correct way to prepare documents based on my court and haven't had any luck. Is there a good resource for all things Los Angeles county? What should I be reading now? Is 1/29/15 the actual court date, or just a pre-trial hearing? Thanks in advance. Any help whatsoever is incredibly appreciated as all of this feels so overwhelming 1. Who is the named plaintiff in the suit? Portfolio Recovery Associates, LLC 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Hunt & Henriques, Attorneys at Law 3. How much are you being sued for? $12,XXX 4. Who is the original creditor? (if not the Plaintiff) US Bank 5. How do you know you are being sued? (You were served, right?) I was Served. 6. How were you served? (Mail, In person, Notice on door) Left at Doorstep 7. Was the service legal as required by your state? Yes 8. What was your correspondence (if any) with the people suing you before you think you were being sued? None. they may have called, but I never answered any phone calls 9. What state and county do you live in? California, Los Angeles County 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) Uncertain as of now, but when I originally checked, they filled within the 4 year SOL 11. What is the SOL on the debt? 4 years 12. 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). Last I heard, I filed a generial denial and they sent me a court date of 1/29/15 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? Note: if you haven't sent a debt validation request, don't bother doing this now - it's too late. No 15. 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? I have not received an interrogatory. I filed a generial denial about a year ago. They have sent no proof other than a statement saying " Plaintiff purchased the account from the original creditor or its successor in interest. Plaintiff is the current account owner". They have sent me multiple letters offering to settle. 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. Nothing other than a statement saying they own the account.