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Found 4 results

  1. 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. -----------------------------------------------------
  2. These forums have been incredible and are honestly the most competent and helpful resource out there - thank you all! Quick background: Oct 2012: Received letter from H&H stating that they they were attempting to collect on behalf of CapOne. Oct 2012: DV'd them and received a very sad packet with the name and address of original creditor and account statements from Aug 2011 - May 2012. CapOne confirmed my account was closed and charged off/bought? May 2012. Jan 2013: Received notice of intent to file suit and incur court costs - "on behalf of our client CapOne", ended doc with "This communication is from a debt collector." Was served with summons two weeks ago with Capital One listed as the plaintiff. Reason for case: Rule 3.740 collections. 1. Who is the named plaintiff in the suit? CAPITAL ONE BANK (USA) 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? $2,*** (LIMITED CIVIL CASE, does not exceed $10,000) 4. Who is the original creditor? (if not the Plaintiff) CAPITAL ONE is the Plaintiff stated 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? NO MUTUAL phone correspondence, received intent letter to which I responded with a DV via certified mail. 9. What state and county do you live in? CALIFORNIA, SANTA CLARA 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) OCT. 2012, WITHIN SOL 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? Open case, complaint and summons filed, proof of summons served. Have a few days left to answer. 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. YES - Received name of address of Capital One as original creditor and 10 months of statements; nothing showing assignment to H&H. 15. How long do you have to respond to the suit? 30 DAYS FROM BEING SERVED (I have only a few days left!) 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. ----------------------------------------------------- I realize my strategy for answer is going to be very different if the plaintiff is the original creditor, but after reading, it seems that H&H is the actual creditor. I called CapOne and finally got them to confirm that they closed the account and charged it off in May 2012. I originally had an answer with affirmative defenses (lack of standing), but I wrote that with a JDB as a plaintiff in mind. My main focus now is to come up with an another answer soon, but I don't know if an answer with lack of standing will work. Should I just prepare an answer with a demand for BOP? Thanks again.
  3. Hello, I'm being sued by Hunt and Henriques for about 2,600. The original company was HSBC and the original debt was about 1,900. I have 30 days to report back to the court. Should I try to file for arbitrations through JAMS or is there another option that I should look into? The account will be about 4 years old next year. Any help will be most appreciated. I'm a newbie here.
  4. Hello, Im being sued by Hunt and Henriques for about 2,600. The original company was HSBC, but the original debt was about 1,900. I have 30 days to report back to the court. Should I try to file for arbitration through JAMS or is there another approach I should go for? The account will be about 4 years old next year.