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Found 18 results

  1. Hello, I just got a letter 1/24/2019 from the lovely Hunt & Henriques notifying me of their "intent to sue and incur court costs" on behalf of their client "portfolio recovery associates llc" for my old credit card debit (which was $1,400) of $1,842 from a Barclay card opened up fall of 2013. I've made no contact with H & H. I have tried over and over to find out when my last payment was on the Barclay card, but I am almost certain it was 4 years ago, give/take a few months. I'm in CA and I know the statue of limitations is 4 years, which I'm at or, darn close to it. This debt has gone through a few collection agencies so it's not even barclay that's suing me, they sold my debt a while ago. I have read that I need to send a DV letter initially. My questions: What should the letter say? How can I verify when my last payment to Barclay was? They locked my account so I cannot see any transactions. After I send the letter, I'm sure those money hungry jerks will respond. What do I do after that? How can I drag this out to the 4 year mark so the debt falls off? Does it actually "fall off" my credit or stay on it as an unpaid but closed debt? Any help will be appreciated Thank you kind souls!!
  2. Hello, I just got a letter 1/24/2019 from the lovely Hunt & Henriques notifying me of their "intent to sue and incur court costs" on behalf of their client "portfolio recovery associates llc" for my old credit card debit (which was $1,400) of $1,842 from a Barclay card opened up fall of 2013. I've made no contact with H & H. I have tried over and over to find out when my last payment was on the Barclay card, but I am almost certain it was 4 years ago, give/take a few months. I'm in CA and I know the statue of limitations is 4 years, which I'm at or, darn close to it. This debt has gone through a few collection agencies so it's not even barclay that's suing me, they sold my debt a while ago. I have read that I need to send a DV letter initially. My questions: What should the letter say? How can I verify when my last payment to Barclay was? They locked my account so I cannot see any transactions. After I send the letter, I'm sure those money hungry jerks will respond. What do I do after that? How can I drag this out to the 4 year mark so the debt falls off? Does it actually "fall off" my credit or stay on it as an unpaid but closed debt? Any help will be appreciated Thank you kind souls!!
  3. Being sued by Portfolio Recovery Associates via Hunt & Henriques Law Firm here in Southern California. (Synchrony Bank est. $3500) Things have moved along quickly since initial filing just over a year ago. I am now 2 weeks away from trial. Answered summons and discovery. I sent my own request for discovery/ Request for Documents only a month ago. I'm sure there's plenty I could've done differently. Upside- I have 2 more of these things at early/ discovery stages. So, yay! I can use this experience to potentially help with the others. (Seriously, though. 🙄 ) Back to the matter at hand. I just had a Trial Readiness Conference (Civil) and frankly, I'm in the dark at this point. Session was quick, but I had some questions. Perhaps, I was waiting for the judge to bring them up/ ask about them? • When does the Settlement Conference take place? Because, I'd like to settle. I've sent an offer of 10% twice in writing/ fax. No response. • I'm still waiting for Plaintiff to respond to my Discovery/ Request for Documents. • Neither Plaintiff/ PRA or H&H have been showing up in court. The attorney representing them seems to be a third party lackey that handles numerous cases like this for many clients. I'd really like to know what that guy does and who he is. Shouldn't the Plaintiff/ Attorney be in court for all of this stuff? At the end of the session I was given an Advance Trial Review Order. What's that? Do I need to file it back with the court? I can see the Plaintiff already has. Thank you, #Fumbling in The Dark
  4. Hi Everyone, I am being sued by Capital one bank & Hunt & Henriques. My former roommate informed me that I received a letter of intent to sue from Hunt & Henriques. I am currently not living at the address they are sending mail to anymore. Because of this i have been checking the small claims website to see if my name would pop up and when i check it today it did! A few years ago I was going through very hard times and was living off of 2 CC's. My life is now moving in a positive direction, working + going to school full time, but I currently have no money to pay them. I am very scared as any reduction in my pay would put me back in a dire financial situation. Any help, advice or guidance would be most appreciated. Here is what the 2 case numbers are saying. I have been doing a bit of research on this website and I think the first thing I should file is a bill of particulars? Party Number Party Type Party Name Attorney Party Status 1 PLAINTIFF CAPITAL ONE BANK (USA) NA HUNT, MICHAEL S. First Paper Fee Paid Viewed Date Action Text Disposition Image 06/04/2019 DEPT. CLERK'S TICKLER ON CONSUMER CREDIT COLLECTIONS CASE - CHECK FOR FILING OF DEFAULT JUDGMENT WITHIN 360 DAYS OF FILING COMPLAINT 12/05/2018 CLERK'S TICKLER ON CONSUMER CREDIT COLLECTIONS CASE - CHECK FOR PROOF OF SERVICE FILED WITHIN 180 DAYS OF FILING COMPLAINT 06/06/2018 CASE ENTRY COMPLETED Not Applicable 06/06/2018 ORIGINAL SUMMONS ON CONSUMER CREDIT COLLECTIONS CMPL (CRC 3.740) FILED 06/06/2018 OF CAPITAL ONE BANK (USA) NA FILED Not Applicable N/A 06/06/2018 COLOR OF FILE: PINK Not Applicable 06/06/2018 PLACED ON CLERK'S TICKLER CALENDAR FOR 12/05/18, 06/06/2018 PLACED ON CLERK'S TICKLER CALENDAR FOR 6/04/19, 06/06/2018 COMPLAINT FILED; SUMMONS IS ISSUED Not Applicable 06/06/2018 CASE HAS BEEN ASSIGNED TO Party Number Party Type Party Name Attorney Party Status 1 PLAINTIFF CAPITAL ONE BANK (USA), N.A. CHEN, SHIH-LAN First Paper Fee Paid Viewed Date Action Text Disposition Image 06/07/2019 CLERK'S TICKLER ON CONSUMER CREDIT COLLECTIONS CASE - CHECK FOR FILING OF DEFAULT JUDGMENT WITHIN 360 DAYS OF FILING COMPLAINT 12/10/2018 CLERK'S TICKLER ON CONSUMER CREDIT COLLECTIONS CASE - CHECK FOR PROOF OF SERVICE FILED WITHIN 180 DAYS OF FILING COMPLAINT 06/11/2018 CASE ENTRY COMPLETED Not Applicable 06/11/2018 ORIGINAL SUMMONS ON CONSUMER CREDIT COLLECTIONS CMPL (CRC 3.740) FILED 06/11/2018 OF CAPITAL ONE BANK (USA), N.A. FILED Not Applicable N/A 06/11/2018 COLOR OF FILE: GREY Not Applicable 06/11/2018 CASE HAS BEEN ASSIGNED TO 06/11/2018 PLACED ON CLERK'S TICKLER CALENDAR FOR 12/10/18, 06/11/2018 PLACED ON CLERK'S TICKLER CALENDAR FOR 6/07/19, 06/11/2018 COMPLAINT FILED; SUMMONS IS ISSUED 1. Who is the named plaintiff in the suit? CAPITAL ONE BANK (USA) NA 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) HUNT, MICHAEL S. 3. How much are you being sued for? Around $2500 and $6500 4. Who is the original creditor? (if not the Plaintiff) CAPITAL ONE BANK 5. How do you know you are being sued? (You were served, right?) Have not been served yet. Looked it up on the county website 8. What was your correspondence (if any) with the people suing you before you think you were being sued? No 9. What state and county do you live in? California, Contra Costa County 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) Got this info from credit karma Dec 24, 2016 on both cards 11. When did you open the account? (looking to see which agreement/contract may be applied) Feb 20, 2015 & May 23, 2015 13. What is the SOL on the debt? To find out: 4 Years in CA 14. What is the status of your case? Just says active, waiting to get served. 15. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) No 16. Did you request debt validation before the suit was filed? No 17. How long do you have to respond to the suit? N/A
  5. Hi! Thank you for putting this site together. I have never been sued. I have looked through the posts on this site but I am still very confused on how to reply to the Summons Complaint. I would like to create a post that is clear and detailed on how to address this Summons in the hopes of assisting anyone else facing the same. Please help. I think I would like for the Plaintiff, Portfolio Recovery Associates, to drop the case. I am not sure how to proceed. If I can't get them to drop the case then settling for a smaller amount to pay them is my second hope. I am unemployed. I do have all the pages of the Summons & Complaint scanned and can upload them if needed. The Summons was served at my door and I have 30 days from 08/18/16 to respond. I do owe the money but it was owed to Capital One Credit Card. I would rather not pay the amount since I am unemployed but if I have to I would like to have to pay a lot less. I would also like this to go away as easily and painless as possible. I would rather not have to go into the Court House. Please tell me in detail the steps I should take. The following are my beginning questions; -Do I want to challenge the Plaintiff by requesting they supply proof I owe them the money in the hopes of them not wanting to put that much effort into the case or do I want to request Arbitration or should I submit something else? -What do I send in reply to the Summons, what does it look like and what should it say? -Do I send my reply USPS Certified with tracking and proof of delivery? -Is the Summons and Complaint valid and done correctly? Is there anything about this Summons and Complaint that says it's an easy win for me? I noticed that others have posted specific questions and answers to help assist so I am supplying that info as well; 1. Who is the named plaintiff in the suit? Portfolio Recovery Associates. 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Hunt & Henriques. 3. How much are you being sued for? $1967.00. 4. Who is the original creditor? (if not the Plaintiff) Capital One. 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. 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? By mail by Portfolio stating they will open a case. 9. What state and county do you live in? California, Orange County. 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) Jan 2014. 11. What is the SOL on the debt? 4 years on credit cards. 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). Summons and Complaint, waiting to respond. 13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) I have not. 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. I have not. 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? 30 days from 08/18/16 (day served), They did not include a questionnaire. 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. No Affidavit. Included Exibit A which is a copy of a Statement from Capital One from Jan 2014 showing I made a payment and Exibit B which is another Statement from Capital One showing I did not make a payment for Feb 2014 and also an attached document that states "Your Account Has Charged Off, it is now being serviced by the Recoveries department, call 1-800-###-#### if you have questions about this notice." with no other information on that document. No Contract. Please help me and others by explaining to me step by step what I should do now that I have been served. Thank you all!
  6. Back in May I went to my hearing and met with a lawyer from Hunt & Henriques and agreed upon a settlement out in the hall, before the hearing began. I've made the first two payments and now I just received in the mail a NOTICE OF MOTION AND MOTION FOR ORDER SETTING ASIDE AND VACATING DISMISSAL, POINTS AND AUTHORITIES IN SUPPORT OF MOTION, Below is the case summary: Histories (Dates listed in descending order) 07/26/2017 NOTICE OF MOTION FOR ORDER SETTING ASIDE AND VACATING DISMISSAL , DECLARATION, AND POINTS AND AUTHORITIES IN SUPPORT THEREOF FILED. RECEIPT # 11707xxxxxx . MATTER SET FOR HEARING ON 09/21/17 AT 08:30A M, IN DEPT. F43 . 07/12/2017 MINUTE ORDER AND CLERK'S NOTICE OF RULING MAILED TO ALL PARTIES. CLERK'S CERTIFICATE OF SERVICE FILED. 07/11/2017 MINUTE ORDER - CAUSE CALLED AT 08:30A M, IN DEPT. F47 , HON. RICK BROWN, JUDGE PRESIDING FOR HEARING ON ORDER TO SHOW CAUSE. NO APPEARANCE BY OR FOR EITHER PARTY. THE COURT ORDERS CASE DISMISSED WITHOUT PREJUDICE. 07/11/2017 CASE FILE RETURNED TO CIVIL DEPARTMENT FROM COURTROOM. 07/11/2017 MINUTE ORDER - CAUSE CALLED AT 08:30A M, IN DEPT. F47 , HON. RICK BROWN, JUDGE PRESIDING FOR HEARING ON ORDER TO SHOW CAUSE. NO APPEARANCE BY OR FOR EITHER PARTY. THE COURT ORDERS CASE DISMISSED WITHOUT PREJUDICE. 06/28/2017 CASE FILE FORWARDED TO JUDGES CHAMBERS RE: 07/11/17 CALENDAR 06/09/2017 NOTICE OF CONDITIONAL SETTLEMENT FILED BY (CAPITAL ONE BANK USA N.A.) . 05/15/2017 MINUTE ORDER - CAUSE CALLED AT 08:30A M, IN DEPT. F43 , HON. RICK BROWN, JUDGE PRESIDING FOR COURT TRIAL. PLAINTIFF APPEARING BY ANTHONY DIPIERO, ESQ. DEFENDANT APPEARING IN PRO PER . SETTLEMENT REACHED. COURT TRIAL ORDERED OFF CALENDAR. MATTER SET FOR ORDER TO SHOW CAUSE HEARING ON 07/11/17 AT 08:30A M, IN DEPT. F43 . In the notice it states "...This dismissal was for failure to appear at the OSC. Plaintiff's counsel did not appear at the OSC because of a calendaring error." Did they screw up? Did I screw up? Did we both screw up??? Do I need to now go back to court AGAIN on Sept 21st? What would the suggested course of action be for me? Any advice is appreciated.
  7. I say this is a Zombie Case cause it had no activity or signs of life for almost 3 years. 1. Who is the named plaintiff in the suit? I am 2. What is the name of the law firm handling the suit? Hunt & Henriques 3. How much are you being sued for? ~2300 4. Who is the original creditor? (if not the Plaintiff) Chase (Actually Washington Mutual) 5. How do you know you are being sued? (You were served, right?) Served in 09/2013 6. How were you served? (Mail, In person, Notice on door) Personal Service 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? Dont remember, little to none 9. What state and county do you live in? Fresno, Ca 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) As per JDB 7-11 (was within SOL at original time of filing) 11. What is the SOL on the debt? To find out: 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). Status Open no pending dates However case was in a state of inactivity for almost 3 years. The last activity was in 09/16 when a affidavit in lieu of testimony was filed. I just found out about this today because I was called by place where I used to live that I received some important documents in the mail. So I checked the court website and seen their CCP 98 13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) Yes in 2013 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? See question 12 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. Other than the original filing which was unvalidated and the current CCP 98 nothing much has been filed or happened. I did of course file a general denial and response back in 2013 in a timely manner. I did wish not to stir the pot since it seemed I might be able to wait the 3 years to have the case dismissed due to lack of prosecution but it seems they did The CCP 98 just in time. Im a bit at a loss because the case does not have any pending court dates. No pre-trial hearings or CMCs scheduled. I also have not received anything else. My questions: 1: the address on the CCP 98 is in excess of 150 miles, should I do nothing with that and simply file a MIL when the trial is scheduled? 2: Do I need to file a change of address with the court? 3: if they had asked for interrogatories and admissions would those have had to be filed? 4: I have some experience in criminal and civil law due to working as a court interpreter, but I want to act as much as novice as possible in order to not show my hand. Is this the course you would recommend. Besides a CCP 96 before trial, a brief and MIL with Supporting Argumets is there anything else I should have on my radar? Thank you you all in advance for your time & consideration.
  8. I am being sued by Portfolio Recovery Associates, LLC with Hunt & Henriques representing them. I am in San Bernardino County, California. They claim that I owe them ~$6,000, but I do not recognize them as the owners of the debt owed. I replied to their summons with a general denial (PLD-050), as their “proof” was not validated, and mailed it along with POS-030 (unsigned). I filed a copy of the PLD-050 and POS-030 with the court, and got a stamped copy for myself. Four days ago I received something new in the mail: a Plaintiff's Specially Prepared Interrogatories, a Requests for Admission, and a Demand for Production of Documents. They say that these documents must be responded to within 35 days. Out of the three, I am primarily concerned about the Prepared Interrogatories, as I am unsure how I am supposed to respond to them when I don't even acknowledge that they are the debt owners. Below I will list the questions verbatim, minus any personal information. Prepared Interrogatories Interrogatory Number 1: Did you every submit a request for a credit account to CITIBANK, N.A. Interrogatory Number 2: Did CITIBANK, N.A. Issue a credit account number [Number Omitted]in your name? Interrogatory Number 3: State the approximate date you opened THE CREDIT ACCOUNT (for the purpose of these interrogatories, THE CREDIT ACCOUTN shall mean credit account issued to you by CITIBANK, N.A. Account number [Number Omitted]. Interrogatory Number 4: IDENTIFY (for the purpose of these interrogatories, IDENTIFY shall mean to sate the name, address, and telephone number) each and every person than yourself who has ever had possession of any credit card for THE CREDIT ACCOUNT. Interrogatory Number 5: IDENTIFY each and every person who you every authorized to use THE CREDIT ACCOUNT. Interrogatory Number 6: Did you use THE CREDIT ACCOUNT. Interrogatory Number 7: Is [Number Omitted], the amount set forth in the complaint in this case as the sum owed as of [Date Omitted], your balance due as of that date on THE CREDIT ACCOUNT? Interrogatory Number 8: If you do not agree that [Number Omitted], the amount set forth in the complaint in this case as the sum owed, is your balance due as of [Date Omitted] on THE CREDIT ACCOUNT, state all facts upon which you base your denial that the sum of [Number Omitted] is your balance due as of [Date Omitted] on THE CREDIT ACCOUNT. Interrogatory Number 9: Did you ever report to CITIBANK, N.A. (for the purposes of these interrogatories, CITIBANK, N.A. Shall mean and refer to Portfolio Recovery Associates, LLC, and/or its predecessor, CITIBANK, N.A., and/or any collection agent or agency purporting to represent Portfolio Recovery Associates, LLC or CITIBANK, N.A., as to this account) that the credit card for THE CREDIT ACCOUNT was lost or stolen? Interrogatory Number 10: Did you every report in writing to CITIBANK, N.A. Or Portfolio Recovery Associates, LLC that there was any problem with THE CREDIT ACCOUNT, which problem remains unsolved? Interrogatory Number 11: Did you receive periodic statements from CITIBANK, N.A. Regarding THE CREDIT ACCOUNT? Interrogatory Number 12: State the approximate date of your last payment to CITIBANK, N.A. on THE CREDIT ACCOUNT. Interrogatory Number 13: Have you ever corresponded with CITIBANK, N.A. In writing regarding THE CREDIT ACCOUNT? Interrogatory Number 14: Have you ever corresponded with Portfolio Recovery Associates, LLC in writing regarding THE CREDIT ACCOUNT. Interrogatory Number 15: State all facts upon which you base your denial of the complain in this action. Interrogatory Number 16: State all facts upon which you base each affirmative defense to complain in this action. [Please note that I did not use any affirmative defense when filing my general denial.] Now, as for the Requests for Admission (DISC-020), it is basically all of the above questions rewritten to be statements that imply my guilt in each one, with a area at the bottom for me to sign agreeing to their claims. I have no intention on signing this, but do I still need to reply to it? And finally, the Demand for Production of Documents. They're asking for any and all paperwork I have associated with CITIBANK, N.A., Portfolio Recovery Associates, etc, but I no longer have any in my possession. Is there a particular form I need to fill out to respond to this? If so, which? Thank you all for your help, it's much appreciated.
  9. Hello My husband received this letter last week . i was looking for help on how to respond to the letter and how to keep them for suing or getting a judgment. what are my options?
  10. Does anyone know where I can find examples of Trial Brief(s) and Declaration(s) in Support of Defendant's Trial Briefs for the following Causes of Action? Common Counts: 1. An open book account 2. For money had and received by defendant for the use and benefit of plaintiff. for work, labor [yes, that's really how they listed it in the complaint] 3. For goods, wares, and merchandise sold and delivered to defendant and for which defendant promised to pay plaintiff 4. For money lent by plaintiff to defendant at defendant's request 5. For money paid, lent out, and expended to or for defendant at defendant's special instance and request I'm currently referencing HomelessInCalifornia's and ASTMedic's documents, but unfortunately, the only Cause of Action I have in common with their cases is the Account Stated. Any help is greatly appreciated!
  11. Hey, Everyone! I have a case in which "evidence" provided by Plaintiff (Portfolio) includes an alleged Bill of Sale signed (possibly robo-signed) by David Nauman of HSBC BANK NEVADA, N.A. and an Affidavit of Sale signed (again, probably robo-signed) by an Ashley Oku of HSBC. I'd like to be able to show that neither are residents of California, but they haven't stated their locations in the documents. Initial internet searches seem to indicate that the former may be in Philadelphia, while the latter seems to be a ghost. Has anyone had a case with either of these individuals named and discovered their places of residence/business? Also, if you know of any documented instances of robo-signing associated with these names, it would be very helpful. Pro pers unite and stand strong!
  12. 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.
  13. Hello everyone, I may have put myself in a difficult situation and would greatly appreciate any advice. After submitting a general denial and BOP I moved and changed my address. I did file this change of address with the court as I had a hearing for a fee waiver 3 weeks after the move (August). This was months ago however I didn't receive any mail from the plaintiff until recently. The Request for Admissions and the Motion to Compel are in my hands right now. They've also sent a Request for Documents. So right now I'm trying to wrap my head around this: Plaintiff's Motion for Order that Matters In Request for Admission of Truth of Facts be Admitted and for Monetary Sanction Against Defendent... There is a hearing in a couple weeks for this. As for the Documents, I have none except for what they sent me (2 blank statements). The only information I've found on this site for a Motion to Compel is on the offensive, if any of you have advice or experience from the other end please please chime in. What are my options? Should I send in the responses now and hope the judge doesn't grant the motion? Thank you everyone!
  14. Hello, I am getting sued by a JDB (this bill was paid it full 3 yrs ago, thru freedom financial solutions to Brachfeld law group - I was told they did not cash one of the last checks that was sent to them- funny but they cashed the larger check that was sent after that- the one check that they didn't cash was only for 130.00- and I have the records from freedom financial solutions where I paid them) it has been sold since then to serval different JDBs, I just got a 30 day notice from Hunt & Henriques, I am now wondering what steps I should take? how do I write a standing? should I hire a attorney (which I can't really afford) or? the Total Settlement Amount was: $1,309.00 of which I paid all but ,the 130.00 check that they didn't cash. now they want just over 2,000! Thank you for your help
  15. 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? $1x,xxx (LIMITED CIVIL CASE, exceeds 10,000 but does not exceed $25,000) 4. Who is the original creditor? (if not the Plaintiff) WELLS FARGO BANK, N.A. 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 (FAMILY MEMBER). 7. Was the service legal as required by your state? AS FAR AS I CAN TELL, YES. 8. What was your correspondence (if any) with the people suing you before you think you were being sued? NO MUTUAL CORRESPONDENCE OTHER THAN ANSWERING A PHONE CALL A NUMBER OF WEEKS PRIOR TO BEING SERVED.PROBABLY LETTERS (NON-REGISTERED MAIL) SOME TIME LAST YEAR, UNSURE (BUT LOOKING) 9. What state and county do you live in? CALIFORNIA, 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) EARLY 2010. SERVED EARLY APRIL, 2013. 11. What is the SOL on the debt? To find out: 4 YEARS. 12. What is the status of your case? Suit served? Motions filed? LATE MARCH 2013 OSC SET (REDACTED) NOTICE FILED & MAILED MID MARCH 2013 COMPLAINT FILED - COLLECTION CASE MID MARCH 2013 SUMMONS FILED MID MARCH 2013 NOTICE OF CASE ASSIGNMENT FILED AND COPY GIVEN TO PLAINTIFF 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. UNFORTUNATELY, NO. 15. How long do you have to respond to the suit? 30 DAYS FROM BEING SERVED (EARLY MARCH) 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. NO EXHIBITS, ETC. JUST CASE ASSIGNMENT, STATEMENT OF LOCATION ADDENDUM, ETC - APPEAR TO BE STANDARD CASE FILING ITEMS. -----------------------------------------------------
  16. Hi, I have been sued by Hunt and Henriques, and it's now around 35 days until Trial. Since I am a senior citizen and in bad health, I am looking for any kind of help I can get with drafting a motion to continue trial due to my health condition. I can barely walk even with a walker, and have numerous other physical conditions and am wondering if those would be valid grounds to get a continuance. Also, I have a question on how to object to one of Plaintiff's requests in their RPD (the CCP1987 one). The first two, I think I can handle, but the third has left me confused. But, first, here is the lawsuit background: 1. Who is the named plaintiff in the suit? Citibank, N.A. 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Hunt & Henriques 3. How much are you being sued for? in the neighborhood of $6,000 4. Who is the original creditor? (if not the Plaintiff) Citibank (South Dakota), N.A. 5. How do you know you are being sued? (You were served, right?) Found out on Court's online site after someone unknown showed at my door. I did not answer the door that time. Strangely, the process server never stopped by again, but filed a proof of service with the Court, nonetheless. Sadly, I lacked knowledge at the time to file a motion to quash service, so I filed an answer and stated in one of my affirmative defenses that I was improperly served. 6. How were you served? (Mail, In person, Notice on door) I was not. I think they call that 'sewer service' 7. Was the service legal as required by your state? It wasn't legal, but I am guessing it is too late now. 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? I may have sent a debt validation letter, but I am not sure. 9. What state and county do you live in? Sacramento County, Sacramento California 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) the Plaintiff is alleging 2010, but they sued in 2011, unfortunately. 11. What is the SOL on the debt? in California, 4 years, but the lawsuit stopped the clock. 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). Complaint, Summons and Proof of Service filed Answer Filed Long Period of inactivity CCP 98 Declaration Filed (without a trial date or me even sending a CCP 96) Another period of inactivity Plaintiff files a Limited Status Case Memorandum and gets a Trial Date At this point, I served some discovery on them (Form Rogs and request for documents as set one, then Request for Admissions as set two). They have responded to the Form Rogs and request for documents, and still need to respond to request for admissions). Then, I sent them a CCP 96 request (I think around 42-43 days before Trial) and the Objection to their CCP 98 (since they had filed it with Court). The day they got the CCP 96 request for me and the object, their Lawyer sent their own CCP 96 via overnight delivery and has also sent me a notice to compel appearance and produce documents (CCP section 1987). 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. I might have, but I honestly don't remember. My memory has really gotten downhill with my age. 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? Responded within 30 days back when I was sued. They sued on Common Counts/Account stated. Plaintiff never sent any discovery to me. 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. Nothing. But they sent years worth of credit card statements as responses to my discovery requests. They have also sent a CCP98 declaration in lieu by Dorothy Ruiz, which was the one I objected to. **** I have really wanted to hire a Lawyer but have no income to do so. I am over 70 years old and in poor health, and ther is nothing for the creditor to take. I get by with help from my family. I think it really is the sense of pride that keeps me from wanting to stop them from getting a judgment. Aside from needing help in regards to writing a motion to request continuance (can I base it on grounds of my illness as well as wanting to retain a pro-bono attorney, if I ever find one?), I am unsure how to respond to Plaintiff's request to produce documents (CCP 1987). There are 3 requests, and I have attempted to respond to #1 and #2, but the #3 is the one that is giving me a lot of trouble. Here are the requests and my responses: REQUEST NO. 1: All documents sent by defendant to plaintiff regarding defendant's credit account with Plaintiff. RESPONSE TO REQUEST NO. 1: Objection. Documents of this sort should already be in control of the Plaintiff. Plaintiff is on a fishing expedition. Burden of proof in this case rests on Plaintiff. The production of all documents sent by Defendant to Plaintiff is overly broad, as the case to date has many documents. The making of copies for Plaintiff who have all the same documents from the case file would create undue burden for Defendant who has limited resources. REQUEST NO. 2: All documents sent by plaintiff to defendant regarding defendant's credit account with plaintiff. RESPONSE TO REQUEST NO. 2: Objection. Documents of this sort should already be in control of the Plaintiff. Plaintiff is on a fishing expedition. Burden of proof in this case rests on Plaintiff. The production of all documents sent by Plaintiff to Defendant is overly broad as the case to date has many documents. The making of copies for Plaintiff who have all the same documents from the case file would create undue burden for Defendant who has limited resources. REQUEST NO. 3: All documents supporting the affirmative defenses alleged by defendant. RESPONSE TO REQUEST NO. 3: ????? (I do not know how to answer this one) Thanks!
  17. Need a little help. I've done a lot of reading and searching on this forum and found a lot of helpful information just need some clarification and want to make sure I do everything properly. I was served at my home on 10/23/13 by Hunt & Henriques. I plan on filling my answer with the court on 11/18/13. The complaint is not verified so Im gonna use the General Denial forum http://www.courts.ca.gov/documents/pld050.pdf (would this be the correct forum to use? And do I need to fill out line 2?) After I file I need to send H&H one of the copies via cmrrr . Do I also send it with POS-030 and do I have to file a copy of the pos with the court after I have the answer sent to H&H? After I send H&H a copy of the answer would I send for a request of BOP?DemandBillParticulars copy.doc or do I also file this with the court when filing my answer than send a copy along with my answer or just send a copy to H&H cmrrr "send it together? Separately? If separately do I also need a POS and again have to file a copy of that with the court. Ok Im gonna leave it at this for now hope I make sense just want to make sure I make the right moves. I dont make a lot of money and only work for a temp agencey right now and can be unemployed again any time . If theres any more info any of you need let me know.. Thanks LAWSUIT INFO 1. Who is suing you? Portfolio Recovery Associates, LLC. using Hunt & Henriques 2. For how much? $4,734.94 3. Who is the original creditor? US Bank National 4. How do you know you are being sued? Served summons 5. How were you served? Were you served? In Person at home 6. What was your correspondence (if any) with the people suing you before you think you were being sued? None 7. Where do you live? California County of San Bernardino 8. When is the last time you paid on this account? Dec, 2011 9. What is the status of your case ? Summons issued, summons filed. Hearing date is set. 10. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) No 11. Did you request debt validation before the suit was filed? No 12. Does your summons require a response in writing? YES it requires a written response. Cause of Action CC-1 Plaintiff Name: Portfolio Recovery Assoc Alleges the the defendant name: mc – became indebted to [ ] plaintiff [X ] other (name): US BANK NATIONAL OR A PREDECESSOR IN INTEREST a. [X ] within the last four years (1) [X ] on an open book account for money due. (2) [X ] because an account was stated in writing by and between plaintiff and defendant in which it was agreed that defendant was indebted to plaintiff. b. [ X ] within the last [ ] two years [ X ] four years (1)for money had and revived by defendant for the use and benefit of plaintiff for work ,labor (3) [X ] for goods, wares, and merchandise sold and delivered to defendant and for which defendant promised to pay plaintiff [X ] the sum of$ $4,734.94 (4) [X] for money lent by plaintiff to defendant at defendant's request. (5) [X] for money paid,laid out,and expended to or for defendant at defendant's special instance and request CC-2. $4,734.94, which is the reasonable value, is due and unpaid despite plaintiff's demand, plus prejudgment interest [ ] according to proof [X ] at the rate of o . o o o o percent per year from (date): December 30,2011 CC-4- [x] Other:PLAINTIFF PURCHASED THE ORIGINAL ACCOUNT FROM THE ORIGINAL CREDITOR OR IT'S SUCCESSOR(S) IN INTEREST .PLAINTIFF IS THE CURRENT OWNER OF THE ACCOUNT. 13. What evidence did they send with the summons? An affadavit? A statement from the OC? Anything else they attached as exhibits? Nothing 14. What is the SOL on the debt? 4 years.
  18. 1. Who is the named plaintiff in the suit? Portfolio R.A. 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Hunt & Henriquez 3. How much are you being sued for? $1800 4. Who is the original creditor? (if not the Plaintiff) HSBC 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) Left with roommate 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 9. What state and county do you live in? Santa Clara County CA 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) March 2010 11. What is the SOL on the debt? To find out: 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). General Denial, sent Disc-015 before trial date was set, sent Disc-015 again 1/5/2012 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? 30 days No interrogatory CC-1: Within the last four years, on an open book account for money due Because an account was stated in writing by and between plaintiff and defendant in which it was agreed that defendant was indebted to plainitff for goods, wares, and merchandise sold and delivered to defendant and for which defendant promised to pay plaintiff for money lent by plaintiff to defendant at defendant's request CC-2 $$ which is the reasonable value, is due and unpaid despite plaintiff's demand, plus prejudgment interest from date Sept 2010 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. Other than the fact that the case is assigned to imaging department, Nothing. I'm running out of time and this makes me incredibly nervous, I've been following threads but I'm at a lost. What can I possibly do now? I went to my local court office for help and they told me to send form Disc-15 for discovery and BOP was not required. Is this true? Is it too late for me now?