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Found 3 results

  1. Hi. I cannot find ANYTHING about my situation. I am in California and was sued last year by LVNV and Mandarich. I read up and filed my answer about 2 weeks after being served. I never saw the answer listed on the website for the court. I even called them 2x in September and they kept saying it would be posted. Mandarich from Chicago is who filed and who I sent answer to. Then they sent me discovery from Ca office. I answered and sent MY discovery to Ca. The Order to Show Cause was this month so I went because it was a bit unclear from the boards about who should be there...So, there was a lady attorney for them and she asked the OSC to be put off till next year...I told the judge I was not sure why this is happening since I filed my answer. I had the ENTIRE binder with me with my answer both our discovery etc. Judge said you did? I dont see it...I said I never saw it on the web either and I called about it a few times but I told her I have the stamped filed copy here. She told me to take it up with the county clerks??? WTF???? I read a 300 pg.book DIRECTED AT JUDGES called "Bench Etiquette for Self-Represented Defendants". She needs a copy...she could have at least LOOKED at it...I mean I showed up...Obviously am interested in case. She told me "osc is not for me...it doesnt concern me...I might as well be talking to a wall..."??? I cannot tell you how offensive I found it...I DID my part...So called to clerks office when I got to the car...And they found it and got case management scheduled. I am getting sued by Target as well and that was filed in Feb and in April they did Case management conference for next week so I was wondering why the LVNV one never had that...Then I got a letter from the CHICAGO office AGAIN with papers for requesting default judgement...they said it was filed the Friday before the OSC. But we do have Sept date for case management for them...But it said in the default request they were supposed to be attaching the assignment etc which was NOT on the copy they sent me. And the name they first stamped is a paralegal in Chicago but that name was crossed out and Raquel Lopez was who apparently did it but cant find her anywhere. So why did the judge seem completely unhelpful??? She is going to be the judge both my cases so have to tread lightly... The things that these lawyers are doing seem very wrong to me...Example: I am NOT an attorney but I KNOW CCP 1013 has in 3 places that you are to send the Proof of Service by mail UNSIGNED!!! Which I have done EACH time I send them anything..Yet theirs are signed...thus committing perjury. LVNV did not include the REQUIRED ADR packet and Cover sheet when I was served...So they broke the Rule 3.7 and 3.221 with those...so WHY do I know this and they dont?? or they dont care... Target did not even finish the form for case management...they did not answer number 10 about the ADR packet and they did not list the date by which discovery would be done...I amswered those...I mean it is ridiculous... ESPECIALLY the LVNV discovery etc because WHY are we doing that if I did not answer??? And the transfer and assignment was RIDICULOUS!!! transferred thru 3 "seemingly" individual companies on the SAME DAY with 3 signatures I looked up as I have seen people suggest...There was NO header NO addresses..I could have made the Transfer and Assignment and Bill of Sale...and one of the people the infamous "Rusty Kendall" signed "Kennet Kendall"...that seems illegal to me...esp since I found he has 9 alias not one of which is Rusty...so not sure how that is an affidavit...if it is... And the Answers they sent were Verified and Executed in SC on Oct 15 by someone for LVNV and they also typed up answers and signed Oct 15...so you sent my discovery to SC and got her answers back and signed (what looks like she signed in pen) and typed it all up and signed and sent all on Oct 15???? I find that highly suspect.. And I found 3 lawsuits with LVNV stating that they "have no offices and no employees" and they merely hold the assets and let Resurgent sue and contact people and LVNV NEVER contacts any debtors"...Resurgent is not who is named in suit..LVNV is...and my transfer was signed 2018 and one case was in 2018 and one in 2019...so explain why Kevin Branigan and Rusty Kendall are believed to be LVNV reps and it says on my transfer Rusty Kendall is representative for LVNV the company I am assuming SWORE UNDER OATH they have NO OFFICES AND NO PLOYEES.... Anyways, those are the questions I have for my cases... Just really frustrated with all the shenanigans and clearly breaking the LAW that no ome seems to get reprimanded for... Planning to put those issues in Brief but who knows if the "take it up with the clerks" will even read it etc...would LOVE to put their incomplete request for default judgement in the case since they clearly did not attach the right things but know i should not give their side any leeway.... oh and the case management statement said the PLAINTIFFS ATTORNEY was supposed to send ME the cover sheet and ADR with the case management statement which they did not....arrgh...so frustrating that I am TRYING to follow the law and they flaut it at each turn... And one more thing...I found last night (and the book is from 1987 so it may not be the rule anymore) but Business and Profession Code 6077.5 says employees who are NOT lawyers MUST sign their name AND position on the letters and ALL the letters from Mandarich are signed Mandarich Law Group... So any info on these issues would be deeply appreciated...thanks so much!!! ps...next wed is the target case management thing and they have not contacted me...i know the rules say i can contact them but since they are suing me....why should I have to call them???
  2. Being sued by Midland in California, and the summons was not completed. (In the section that states NOTICE TO THE PERSON BEING SERVED: You are served as.....there is not anything marked. I pulled the proof of service of summons and the server checked the box: as an individual defendant. under penalty of perjury no doubt I am wondering if this is significant? if so what can I do about it? I have searched everywhere about 'the process of service' but to no avail. thank you for any help.
  3. Am lost in law, but oh so thankful to have found this forum. I have been searching for near a month trying to figure out what to do, none of it made any sense. Then I found this oasis; whew I there's a light at the end of the tunnel after all. I've read around the forum and found the questions needed for any insights (I have added questions of mine about areas of the papers) so here we go....... Who is the named plaintiff in the suit?Discover 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Moore group 3. How much are you being sued for?$6600.00 4. Who is the original creditor? (if not the Plaintiff) N/A 5. How do you know you are being sued? (You were served, right?) Yes 6. How were you served? (Mail, In person, Notice on door)personal service 7. Was the service legal as required by your state? as far as I know. Process Service Requirements by State - Summons Complaint 8. What was your correspondence (if any) with the people suing you before you think you were being sued? none 9. What state and county do you live in? California Sn Juaquin 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) Not sure, however their claim is "common counts" and that is 2 years if my research is correct, 11. When did you open the account (looking to establish what card agreement may be applicable)? maybe 2008/09 12. What is the SOL on the debt? To find out: 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). yes Summons served. ( I have been struggling trying to find information that made sense. THEN I found this great forum, I'm feeling relieved and ready to put up a good fight.) 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 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? three working days tops. I have already freaked out. I now stand with the clock ticking rather close the courts are open today and tomorrow till four. I could push it till Monday. I read that time starts day after service; however, I am not certain if it was the 14 or 15 papers are 1) summons 2)notice of case assignment 3) civil case cover sheet; limited; rule 3.740 collections (09); not complex 4)instruction 4 cover 3 pages) complaint contract 6600.00 + cost of suit post judgment & interest #1 on the complaint.discover. is this the first claim I need to answer? First cause of action within 4 years checked plus both (1) on an open account for money and (2) an account was stated in writing between P and D (then) within 4 yrs (it states the same as 1 and 2) plus other; This C.O.A. relates to card account ending xxxxxxxxxxxxxxx yadda yadda yadda (7 pgs total) 17. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits.no-thing at all (as a matter of fact I think that they did not give put all of the papers for the summons. It is in the rule that they were to add a blank assignment case pamphlet. Plus I didn't see a court date on here anywhere. I read that the answer did not have to be filled out on one of their forms as long as it answered each of the complaints; is this true? What other paperwork should I add to the answer, I am not sure where to go from here. Thank you for taking my post into consideration, I will be posting updates and accepting "idea handouts" here till the end and beyond.. I have wanted to learn more about law; this makes ahellofa reason to start. any feedback, ideas etc. will not be taken as legal advice. However they will be appreciated deeply. {=love and light =}
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