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  1. Hi all. I've read all I can about how to handle a lawsuit with Hunt and Henriques. However, there are some things going on that weren't covered and I'm a little off track. Help? Below are events and questions pertaining to those events. Please someone assist me. Here is the order of events and next steps: Case Filed: Mar 16 2021 Served: Apr 1 2021 Defendants Answer: Jun 21 2022 (i know late) Bill of Particulars: Jul 7 2021 Plaintiff responds by attaching account statements. A person not a part of the case signed the paper with the wrong date and a name crossed out. ??? The Plaintiff (lawyers) have filed most of their papers using someone not a part of the case and with inaccurate dates. Is that a thing I can do something with ??? ??? does anyone have a case record in California that proves account statements are not valid proof ??? Case Management Conference: Scheduled for Aug 19 2021 Plaintiff files Case Management Conference Statement : Jul 21 2021. claims we met and conferred which we did not. Plaintiff send requests for Documents, Admissions, Interrogatories. Set One : Dated May 10 2021 - actually sent Jul 20 thereabouts. Defendant sends responses to Request for Documents, Admissions, Interrogatories : Dated Jun 26 2021 to be in accordance with time frame. Proof of Service sent. Filed with the court on accident, actually. Sent Certified Mail but forgot Return Receipt. Plaintiff files Motion for Order That Matters in Rqst for Admission of Truth of Facts be Admitted, Along with Proposed Order : Dated March 16 2021 : Filed Jul 25 2021. Based on fact that they never received the Response. Defendant files Memorandum and Evidence in Support of Opposition to Plaintiff's Order for Facts be Admitted : Aug 16 2022 Defendant files Case Management Statement : Aug 17 2022 Case Management Conference : Aug 19 2022 - Trial Date Ordered for Jan 9 2023 Plaintiff's Motion for Facts Admitted is Denied. Oct 3 2022 ... out of sequence ... I know that Bank of America doesn't have an arbitration clause but I found some other compelling arguments so I tried this... Defendant Files Motion to Compel Private/Contractual Arbitration To Stay Proceedings Pending Arbitration : Jul 7 2022 : Recorded Aug 23 2022 in Court records. Plaintiff sends me Memorandum in Opposition to Motion to Compel Arbitration : Jul 25 2022. Doesn't appear in Court Records. Defendant Files Reply to Memorandum in Opposition : Aug 10 2022 ??? Court returned Motion WEEKS later stating I didn't pay $60 and to re-submit original(s)... Should I re-submit this Motion at this point ??? (Today is Oct 10 2022 and a Trial date is set for Jan 9 2023) The is also a returned Defendants Reply to Opposition of Arbitration stating I didn't pay $60 and to re-submit. ??? yes / no Next Steps: Defendant will send Request for Production of Documents : End of Oct 2022. Any and All types of evidence. ALL DOCUMENTS relating to or constituting ANY assignment between Defendant and Bank of America ALL DOCUMENTS relating to or constituting ANY assignment to plaintiff ALL DOCUMENTS constituting statements of alleged account number ending in 6839 showing all payments and credits from inception until present (WHICH THEY ALREADY HAVE AS AN EXHIBIT IN REQUESTS FOR DOCUMENTS, ADMISSIONS, INTERROGATORIES) Defendant will File Motion to Compel Bill of Particulars : Nov 2022 ??? yes / no Defendant will subpoena witness(s) propounded as evidence to back up the bank statements ??? yes / no Then what ??? Next Steps ??? QUESTIONS: Is there a successful example of a motion in limine to prevent the use of any evidence at trial ?? When do I file this ??? Do I file this ??? Am I missing anything? Am I screwed? Help? Kevin
  2. Good ole' Swim got a letter in the mail from Hunt & Henriques (H&H) recently.... The letter claims the amount owed to CapitalOne (CO) is ~$6,000.00. Swim responds well within 30 days via Certified Mail Return Receipt Requested (CMRRR), with a simple request for validation. Something along the lines of... "I dispute this. Validate. P.S. Don't call me." H&H wastes no time and sends about a years worth of statements from the alleged CO account, which includes a page from CO that the account was charged off. That's it. A few days later H&H sends their notice of intent to file suit: Swim lives in Southern California, and already checked -- arbitration is out the window due to CO removing that clause. From what Swim can tell, H&H didn't actually validate the debt, and the SOL is in effect for a few more years. Not sure is CO owns the account and H&H represent them -- or if H&H is a Junk Debt Buyer (JDB). And at this point does it make a difference? Should Swim respond and further dispute the alleged debt? Or simply sit back, continue to read up on California threads on https://www.creditinfocenter.com to formulate a game plan, and wait for their next move (which is likely to be what?)? Presumably, with COVID, H&H has collections up to their eyeballs, and Southern California courts are experiencing delays... it could be some time before this makes its way into a courthouse? Or is that wishful thinking? Good ole' swim isn't an easy target, and isn't going to roll over. What's the best course of action to get a jump start to defend against this alleged debt, presuming H&H follows through on their intent to file suit? Thanks! ~Swim
  3. I just got served on 8/26/20 by a debt collection company called PRA and their attorney is Hunt & Henriques. My original creditor was PayPal Credit/Synchrony. My total debt as stated on the summons is $3,364.95. My account was opened back in 2016 and I stopped paying sometime in 2018. I’ve got 30 days to answer but how do I answer? The summons paper says I can find the form online but what form is it? And should I also file an arbitration now? If so, how Do I get a hold of my agreement contract to see if I do JAMS or AAA? I’ve done a ton of reading on here on cases that’s been dismissed but damn, I’m feeling really really scared at the moment. It’s all I’ve been thinking about. Any and all help you guys can provide me would be great. And what are my chances of getting my case dismissed? btw, I’m from California.
  4. I am going to be posting questions on this thread about my case, but the urgent question is that today 11/18 is day 30 to respond to discovery requests and requests for production. I sent it with POS and CMRR today. I FORGOT to sign each document!!!! DO I need to sign and resend everyone of them???Please let me know right away. Thanks!!!
  5. I'm being sued by Hunt & Henriques in the the amount of $3,000 for credit card debt. The account was originally with HSBC bank. They supposedly were acquired by Capital One. Capital One then sent this off to Portfolio Recovery Services. PRS then turned this over to H&H. I originally asked them to prove the debt before the lawsuit was filed. They didn't. When they filed their lawsuit, I responded in a timely manner. A pre-trial conference was set and I attended and they did not send any representative. Judge which is this week. I have had a bit of a run of bad luck since the pre-trial conference. Lost job and wife and I separated. Dealing with a bit of a depression and spending time looking for a new job took away from my preparation for this trial. In addition, I've moved out of my house and didn't find out until this last week that H&H had sent a request for admissions and demand for production of documents and interrogatories, then sent another one in response to the fact that I didn't answer the first one. Finally, they sent a declaration of plaintiff in lieu of personal testimony at trial CP 98. Witness location is for an address in Virginia and I'm in California. Wife finally gave me all this information and am just looking at it now. I haven't filed anything and the trial is this week. Just looking for any advice on what I can do. Ask for a continuance? Call H&H try to settle? Or what options I might have going into court since I didn't file anything a head of time and there is no time for me to file anything. Any input would be much appreciated.
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