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Good morning everyone! I would really appreciate help on this UNLIMITED CASE in California! THANK YOU so much, beforehand!! Here is the info on my case: -------------- 1. Who is the named plaintiff in the suit? ABSOLUTE RESOLUTIONS INVESTMENTS, LLC 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) MANDARICH LAW GROUP, LLP 420 N. Wabash Ave, Suite 400 Chicago, IL 60611 3. How much are you being sued for? 25k and change 4. Who is the original creditor? (if not the Plaintiff) US BANK NATIONAL ASSOCIATION ND 60 Livingston Ave St. Paul, MN 55107 5. How do you know you are being sued? (You were served, right?) Served 6. How were you served? (Mail, In person, Notice on door) In person at home 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 that I am aware of. 9. What state and county do you live in? CALIFORNIA, County of Los Angeles 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) Not 100% sure – they presented a CC statement with the complaint dated September 2017. 11. When did you open the account (looking to establish what card agreement may be applicable)? Unsure. But it is not a super old account. It is relatively recent (last 5 years perhaps). 12. What is the SOL on the debt? To find out: California. Written: 4 years, Oral: 2 years, Open Ended Accounts: 4 years. Statute of Limitations on Debts 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). - Filed the answer with the court (personally, and on time, on day 30) this week. - Served plaintiff’s lawyers by mail the same day – CMRR - Case Management Conference has been set for the end of April, 2019. 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. I had no warning I was going to be sued. 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? Filed the answer personally, and on time, this week. 17. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. Only two things: - Exhibit A: A copy of a Credit Card statement from Sept 2017. Guessing they're alleging that it's the "last payment"? - Exhibit B: A copy of a Credit Card statement from April 2018. Guessing they're alleging ths is the charge off? * THE ACCOUNT NUMBER PROVIDED IS ALL BLACKED OUT except for the "last four" numbers of the account. In the complaint itself the account is listed as "XXXXXXXX and last 4 numbers." 18. What are the causes of action listed in the complaint? First Cause (Account Stated) - Within past 4 years, an account was stated in writing in which it was agreed that defendant was indebted in the amount previously referenced herein. Although demand has been made upon defendant, said amount has not been paid, and is now due, owing and unpaid from defendant to plaintiff, as successor in interest. Second Cause (Open Book Account) - within past 4 years, defendant and each of them became indebted in the amount of the previously mentioned herein for a balance due on a book account for goods sold and delivered and/or services rendered by U.S. Bank National Association. Although demand has been made upon defendant, said amount has not been paid, and is now due, owing and unpaid including attorney's fees from defendant to plaintiff as successor in interest. 19. How did you find out about this site? Guess I am not necessarily a “newbie.” I won two lawsuits against JDBs about 10 years ago (one went in front of a judge, who ruled in my favor; the other one was dismissed by the rent-a-lawyer right before going in front of the judge). But, it has been a while, I’m sure things have changed a bit in the last 10-years, and this time around I am dealing with an UNLIMITED CASE. I had completely forgotten about this site until the night before I was to file my Answer this week – when I was double checking everything before filing it the next day. I remember how helpful everyone here was back then (I helped also). Since I am in new territory with this being my first UNLIMITED CASE, I want to make sure I have all my ducks in a row. I am SUPER RUSTY and it’s been a while, but I am 2-0, and definitely plan to make my record 3-0. A HUGE THANK YOU beforehand to everyone who is able to help me win this one! @LoveIsPower (this is a new account I created, since I can’t remember what my old one was)
1. Who is the named plaintiff in the suit? Absolute Resolutions Investments LLC 2. What is the name of the law firm? Stenger & Stenger, P.C. 3. How much are you being sued for? $5357.30 plus court costs 4. Who is the original creditor? Web Bank as serviced by Avant, LLC 5. How do you know you are being sued? I received an advertisement by a law office indicating I was being sued. 6. How were you served? I have not been served, but I am currently working overseas and am not in the US. 7. Was the service legal as required by your state? n/a, I have not been served. I believe Georgia can serve by local paper, but again I am currently overseas. Can a letter be submitted to the court regarding jurisdiction if I no longer reside in the state? 8. What was your correspondence (if any) with the people suing you before you think you were being sued? I received some mail every now and then but I never answered it. 9. What state and county do you live in? I live overseas currently but previously Atlanta, GA - Fulton County. 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) It does not say on the paper and I’m not sure. 11. When did you open the account (looking to establish what card agreement may be applicable) I am not entirely sure but I think 2016 or 2017. This is a personal loan. 12. What is the SOL on the debt? 4-6 years I think. 13. What is the status of your case? Complaint has been filed by plaintiff. 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? No. 16. How long do you have to respond to the suit? 30 days once served but I no longer reside at the address they have. 17. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. I looked up the case on the magistrate site and it appears they submitted past due statements from Avant but I am not sure as I did not pay for the document to see the added pages.
Let me start by thanking ASTMedic for laying out the guidelines in "How I beat Midland in California" that I basically copied and then updated with the Target v. Rocha info that Calawyer and several others pointed out. Because of what I learned here I was able to get Absolute Resolutions to dismiss their case the morning of the trial. If it had not been for this forum and the many helpful contributors I don't know what I would have done. Now it is my time to give back, so I am attaching redacted copies of the documents that I spent so much time researching and typing up. I hope this will help someone else as much I was helped by the other contributors to this forum.