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If you’re taking the time to read this I would like to thank you for any and all interest and help, I struggle with a reading and learning disability making this paperwork very hard for me to understand I am very unknowledgeable in a lot of subject matter. I am very scared and don’t know how to proceed, I have reached out in private messages and was asked to fill out this list of questions and post on this main board so that I may get help from a few different people who understand this. I did also search a few of these boards that had great information on it however I don’t understand most of it, I did see that it looks like I should file a general denial form, but also it says that’s only if I’m being sued for $1000 or less… So I’m confused as to whether I should fill out that form. It looks like the case was open on December 16 of this year but I was served on December 21 of this year so I’m not sure if the calendar days starts from December 16 or from the 21st. I also have no idea exactly what to do or how to proceed. I make a little money working with children of special needs under 30 hours a week, I never wanted to not pay this or any other credit card but I had a cut in my hours and I did what I had to do to survive, I am afraid also that any other credit cards that might have gone and paid will now also try and sue me as this company is trying. I appreciate any help anyone can offer me, I am so sorry that I am extremely knowledgeable, and I have a hard time retaining and understanding information because of my learning disability, therefore I am beyond grateful to anybody who is willing to give me advice and direction. 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, PC 3. How much are you being sued for? $ 3k 4. Who is the original creditor? (if not the Plaintiff) CITIBANK 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) Served in person 7. Was the service legal as required by your state? I believe so 8. What was your correspondence (if any) with the people suing you before you think you were being sued? They may have sent me letters in the mail, I am unsure 9. What state and county do you live in? Orange County, California 10. When is the last time you paid on this account? (looking toestablish if you are outside of the statute of limitations) Looks like 11/07/2016 11. When did you open the account (looking to establish what card agreement may be applicable)? I believe it was online 12. What is the SOL on the debt? Looks like 4 years 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). Not sure what I’m looking for specifically but if shows that a case was opened (electronically) and that I was served 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? It says 30 days after the summons, which is dated 12/16/2019 but I was served on 12/21/2019 , I’m not sure which date I would go by for the 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. They included 3 Exhibits. Exhibit A is a copy of my last bill from the original creditor, Exhibit B is a “bill of sale and assignment” dated 3/29/2018 by Citibank to Distressed Asset Portfolio III , there’s a few different dates on this paper, something about an “addendum” and it lists Distressed Asset portfolio III and Distressed Asset portfolio IV ... its very confusing for me, the Exhibit C is 21 pages of mostly blank paper with the exception of a column on the top of each page that says something different on each page, the first page being the last 4 digits of the credit card number, the second page being the sale amount and principal amount, the third page being charge of interest and fees. It looks like maybe this is some sort of spreadsheet printout 18. How did you find out about this site? Google search
Hi everyone, I’ve been actively reading all the forums and find everything so helpful. However, it looks like no one’s experienced what I have gone through so far. A packet arrived in first class mail for my husband today, however, the case was filed back in November 13, 2019 to the superior court of Orange County and stated that he has 30 days to respond. This is the first time seeing this packet come in the mail. no one has ever served us papers. However, The letter attached to these papers that arrived with the copy was dated on 1/15/2020 but we just received it today, January 27th. there are other funny things in the court paperwork like the defendant being his name along with “DOES 1 to 5, inclusive” and wrong address. It mentions something about fictious names. Lol what do you all suggest we do going forward?
Hello, i hope all is well. I'm writing this post today to ask for advice from anyone that has knowledge about or experience with JDB's or even with Unifund/Kenosian for that matter This past weekend i received this letter in the mail from Kenosian and Miele on behalf of Unifund CCR, LLC. The letter was dated 8/9/2019, today is 8/19/2019. I've been digging through the internet for as much information as possible but i still would like an experienced outside opinion as well. Should i dispute? Should i prepare myself to go to court? I haven't been summoned as of right now but i want to be proactive about this and acquire as much knowledge as possible. This is my first time encountering a JDB and i just want to make sure i'm taking the right precautions before i make any decisions. Thank you for your time. Hope someone can help.
Some background to my case, exact as @eyoung27 (http://www.creditinfocenter.com/community/topic/320964-summons-from-kenosian-and-miele-llp-attorneys-at-law-for-unifund/) 1- was served by mail 2- answered the complaint & served the Plaintiff's attorney with BOP 3-17 days letter received answered to BOP, with only one C.C statement. So now my question is, should i send another BOP request 2nd_BOP_request.txt(see attachment), or start the formal discovery (RFD, RFA..etc) I've been reading this forum for the last month or so. all of you guys are awesome and provide such a great resource for FREE. Any help is appreciated. God Bless!