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Hello, i hope all is well. I'm writing this post today to ask for advice from anyone that has knowledge about or experience with JDB's or even with Unifund/Kenosian for that matter This past weekend i received this letter in the mail from Kenosian and Miele on behalf of Unifund CCR, LLC. The letter was dated 8/9/2019, today is 8/19/2019. I've been digging through the internet for as much information as possible but i still would like an experienced outside opinion as well. Should i dispute? Should i prepare myself to go to court? I haven't been summoned as of right now but i want to be proactive about this and acquire as much knowledge as possible. This is my first time encountering a JDB and i just want to make sure i'm taking the right precautions before i make any decisions. Thank you for your time. Hope someone can help.
Hi All, I went into work and got a notice from my payroll that my wages are being garnished via Unifund with the help of Kenosian and Miele. I did search the forums and read some threads on Unifund/KenosianMiele but nothing specific to wage garnishment. The debt is from 2006/07, court case is from 2013, I was never personally served but I think my parents received it through FedEx--at that time I was away at college. In the past few months my phone was blowing up with robot debt collectors, all claiming to be from a "firm" regarding an "urgent" matter. I answered one of these calls and when I asked for specifics like account # or last time card was charged they couldn't provide any information other than my address; so I thought the calls were bogus. I didnt think anything of it since it was clear they didnt have much information but when reviewing the EWO, the debt was exactly what the collector claimed over the phone, and now my wages are being garnished next month. I wanted to see if there is anything I could do? I've read other posts talking about filing a motion to vacate default judgment or just calling up Unifund to work something out? I've included the court case details that i obtained from the San Bernardino county website. I have a copy of the suit but not sure which parts to post or if i'm able to do anything about it. Any advice is greatly appreciated! BTW, The closest forum I found to my issue was below, but let me know if there is a better thread:
1. Who is the named plaintiff in the suit? Unifund CCR, LLC 2. What is the name of the law firm handling the suit? Kenosian and Miele 3. How much are you being sued for? $24,XXX.XX 4. Who is the original creditor? Citibank 5. How do you know you are being sued? Summons delivered at door 6. How were you served? 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? None 9. What state and county do you live in? California 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) Per the complaint, Sept., 2010 11. What is the SOL on the debt? 4 years 12. What is the status of your case? Suit served and trial date set for just over 30 days from now. 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? No 15. How long do you have to respond to the suit? Responded already with a general denial within 30 days of service. Trial date is now just a hair over 30 days away. We need to know what the "charges" are. Cause of Action 1. Breach of Contract 2. Monies had & received 3. open book 4. account stated Did you receive an interrogatory (questionnaire) regarding the lawsuit? yes 16. What evidence did they send with the summons? a note of Verification from the Attorney (Miele) of Unifund that all statements in the compliant are true and correct. ---------------------------------------------------------------------------------------------------------------------------------------------- I. I filed a PLD-050 General Denial with the court along with a POS-040 proof of service, and mailed copy to plaintiff via CMRR. II. I sent BOP and they responded with 14 months of Citibank statements III. I sent a Meet and Confer letter, to which they responded with Supplement Responses that included same 14 months of statements, plus Bill of sale between Citibank and a receivables company, and a Bill of sale between the receivables company and a distressed asset company, and a bill of sales between the distressed asset company and Unifund. IV. I received Plaintiff's request for Production of Documents and Admission I need to respond in the next few days V. I sent CCP 96 and received responses: A. Plaintiff intends to call me as a witness B. Documents that Plaintiff intends to offer at trial: 1. Business Records Affidavit signed by Document Control Officer for Citibank - notarized in Missouri 2. 14 months of Citibank statements 3. Bill of sale between Citibank and a receivables company, and a Bill of sale between the receivables company and a distressed asset company, and a bill of sales between the distressed asset company and Unifund. 4. Citibank Card Agreement that has no signature other than the CEO of Citibank. VI. I received: A. Notice to attend trial B. CCP 96 C. Declaration of authorized representative in lieu of live testimony CCP98 from authorized representative for Unifund. What should I do, now?
Some background to my case, exact as @eyoung27 (http://www.creditinfocenter.com/community/topic/320964-summons-from-kenosian-and-miele-llp-attorneys-at-law-for-unifund/) 1- was served by mail 2- answered the complaint & served the Plaintiff's attorney with BOP 3-17 days letter received answered to BOP, with only one C.C statement. So now my question is, should i send another BOP request 2nd_BOP_request.txt(see attachment), or start the formal discovery (RFD, RFA..etc) I've been reading this forum for the last month or so. all of you guys are awesome and provide such a great resource for FREE. Any help is appreciated. God Bless!