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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.
Greetings everyone! So it looks like I'm being sued. 1. Who is the named plaintiff in the suit? UNIFUND CCR, LLC 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Law Offices of Kenosian & Miele, LLC 3. How much are you being sued for? A total of $7,4XX.XX from two different accounts, plus attorney's fees, costs of suit, etc... 4. Who is the original creditor? (if not the Plaintiff) CITIBANK, NA 5. How do you know you are being sued? (You were served, right?) Received a summons left at my home with another person and sent through the mail. 6. How were you served? (Mail, In person, Notice on door) Substituted 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? None 9. What state and county do you live in? Los Angeles County, California 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) On the first account, per the complaint, the last payment date is on or around 11/07/14. On the second account, per the complaint, the last payment date is on or around 11/10/14. 11. When did you open the account (looking to establish what card agreement may be applicable)? The first account was opened, per the complaint, on or around 03/26/14. The second account was opened, per the complaint, on or around 03/03/14. 12. What is the SOL on the debt? 4 years in California 13. What is the status of your case? Suit served? Motions filed? As of today, 10/16/18: Proof of Service by Substituted Service filed on 09/25/18 with Proof of Mailing date: 09/21/18. 14. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) No 15. Did you request debt validation before the suit was filed? No 16. How long do you have to respond to the suit? 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 service, which would be on 10/21/18. However due to POS being substitute service, if I'm not mistaken, service would be 10 days from the mailing date I listed above, so 30 days from that would be 10/31/18. I planned on filing/serving my answer within the next few days to stay within that first date. However, if someone could confirm the extra 10 days due to substitute service that would really help me. The complaint lists Breach of Contract and Common Counts for both Account #1 and Account #2. The cause of actions being Breach of Contract, Open Book, and Money Lent for both Account #1 and Account #2. I did not receive an interrogatory regarding the lawsuit. 17. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. They attached two exhibits. Exhibit A seems to be a statement for Account #1. Exhibit B seems to be a statement for Account #2. The complaint does not appear to be verified. From what I've been reading here my next step is to answer with a general denial and send a demand for a BOP. Is this correct? EDIT: Added cause of actions to question 16 and a few extra questions. So I've got a general denial ready to go. Are there any affirmative defenses I should add to the form? I have a family member willing to serve the attorney through the mail and fill out a proof of service. Do they have to mail anything besides a copy of the general denial? Are the attorneys the only ones that must be served or must I serve UNIFUND(in Ohio) as well? Must I personally bring the general denial and proof of service to the court or can I have someone bring it in for me? Only asking because it might be difficult finding time with work being so crazy. Lastly if someone can link a sample demand for a BOP I can look over , I'm having a little trouble finding one. Thanks in advance for any help you guys can give me!
I am in California and currently facing a credit debt case against Unifund LLC represented by Kenosian & Miele for a Citibank account to the sum of $14,xxx.xx. So far, I have provided my answer (POS filed in court), sent CMRRR on 12/15/14. On 12/27/14 I received documents from Kenosian & Miele (sent regular mail, non certified, no return receipt) containing Request for Production of Documents and Requests for Admission. My questions are as follows: 1.) Do I send my Request for Production of Documents to the plaintiff now? 2.) Would it be to my advantage to send my response to the plaintiff's request sooner than later? 3.) Do I need to fill out another POS for (POS-030 or POS-040) when I send out my response to the plaintiff? 4.) Will the POS need to be endorsed by the court house when I send my response? 5.) Will I need to include a copy of the POS to the plaintiff when I send my response to their request? (When I sent my answer to the summons back in 12/15, I was told by the county court clerk that the plaintiff does not need a copy of the POS...only the court and myself) 6.) Will the court need a copy of my response to the plaintiff? 7.) Is a Meet and Confer required prior to my CMC? I really have no interest of doing this with the plaintiff at this moment or should I? My CMC is set for 3/3/15, any other feedback or advise as to what else I should be doing between now and a few days before my CMC would be highly appreciated (I know that submitting my CMC Statement before my CMC date would be required)!!!
So, I was served yesterday... --------------------------------------------- 1. Who is the named plaintiff in the suit? Unifund CCR, LLC 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Kenosian and Miele 3. How much are you being sued for? $2,XXX.XX plus interest, plus attorney's fees, plus cost of suit, plus other such relief as is fair 4. Who is the original creditor? (if not the Plaintiff) Citibank 5. How do you know you are being sued? (You were served, right?) Summons delivered at door (my boyfriend got it, since I wasn't home) 6. How were you served? (Mail, In person, Notice on door) 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? The first letter on 01/22/13, I sent a DV letter within 30 days, in response they sent a copy of statements from 2009 on 4/29/13 (and the amount on the statement was different than the amount they are trying to collect), then they sent the intent to sue on 5/15/13. 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, 11/2009 11. What is the SOL on the debt? 4 years 12. What is the status of your case? Suit served? Motions filed? Case intake and summons 13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) No but I probably should have. 14. Did you request debt validation before the suit was filed? Yes 15. How long do you have to respond to the suit? (This should be in your paperwork). 30 days 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? The only thing is a note of Verification from the Attorney (Miele) of Unifund that all statements in the compliant are true and correct. And it is not signed. The verification reads: I am the attorney for the plaintiff...., a party to this action. Such party is absent from the County of Los Angeles where attourneys have their offices, and I make this verification for and on behalf of that party for that reason. I am informed and believe and on that ground allege that the matters stated in the foregoing document are true. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed under the laws of the State of California at Los Angeles, CA on May 15, 2013. Then is says signature (but it's not signed) and his name. --------------------------------------------- I know the next step is to file a sworn denial. A very similar case was posted and the question came up as to whether a general denial would be enough? Does anyone have insight to this? ...29 days and coutning to file my denial (and do it right). Thanks in advance for your insights!