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Found 5 results

  1. I would like someone who is from California to help advise, please. Understanding that the new law, the Fair Debt Buying Practices Act (California Code Section 1788.50 - 1788.64), puts stricter validation responsibilities on JDBs, and I need to draft a BoP, should I mention this new law in my BoP? Or just KISS (keep it simple, stupid)? The FDBPA, by the way, is mentioned in the Complaint. Also, I've read at Nolo the following: Do I therefore specifically request in the BoP the cardmember agreement? Also, based on my case below, do I need to check #2 on the General Deni
  2. I recently got word that I was sewer served again by H&H. I haven't seen the summons yet however I'm anticipating that it will be exactly the same as the previous case. This one was about a month away from SOL. I'll keep this updated so others can learn the process. I don't expect to to have any questions this time around. For anyone who would like to see how confused I was by all this the first time, and a detailed account of how we got them to dismiss the case, here is the link to my other topic: John
  3. I'm writing up my Objection to Plaintiff's Declaration in Lieu using @h8spleadingpaper's objection as a exemplar. I have a few questions and am hoping the California folks can help me out. For Argument A ("Failed to Comply With CCP Section 98") H8 states the declarant "does not say where the declaration was executed. He also does not give an address in California where he may personally be served." For my case, the declarant does give an address in La Jolla, CA where "this affiant is available for service of process ... during the 20 days immediately prior to trial. If service is of process
  4. Thank all of you for the abundance of information posted here. I'm very grateful and have some hope that this will be settled soon. I have about 2 weeks to file a denial. I'm very confused with the terminology and writing here, legal language is not my thing. I'm going to keep reading and studying but I'm very short on time. If anyone could help me with the specifics and tell me how to file the denial, ccp, BOP, and other documents so that a dummy could understand that would be a huge help. I don't even know how to fill out the POS or who it's sent to! I'm not sure if I was legally served
  5. 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 and Henriques 3. How much are you being sued for? $5,832 4. Who is the original creditor? (if not the Plaintiff) U.S. Bank National Association 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 at my home. 7. Was the service legal as required by your state? Yes 8. What was your corresponden