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Hi everyone, thanks in advance for your help. My deadline is roughly 48 hours from now 😬 I'm interested in hearing your advice on my situation... Debt collection suit. Balance is $921.19 ($425 of which are late fees and interest, accrued prior to charge-off). As far as I know, Bloomingdales (Dept. Store National Bank) sold to Cavalry and Cavalry hired Nelson & Kennard (N&K) to collect. I received one letter from N&K in Dec. 2020, which I just opened. I have USPS Informed Delivery so I get emails of scanned images of my mail everyday. I saw it there. I didn't see anything from Cavalry - that doesn't mean it wasn't sent. I didn't reply obv. to the N&K letter which looks like a legit attempt to validate the debt. It includes the charge-off creditor, the charge-off account number, the current creditor, the current balance, and Nelson & Kennard's File No., and the 30-day offer for me to dispute the debt; ref. to Rosenthal Fair Debt Collection...; an offer to request additional info from Cavalry; and lastly the CCPA clause. Still, I found a few discrepancies I can contest in my answer, but I'm wondering if given the low amount of the total, it's even worthwhile filing an answer. It may be less expensive to not engage any further court fees for either side... it's $225 for me to file an answer and I think it was $320 for him to file the complaint. Here are some facts: I was served legally, at my home The papers I was served with include the following: Summons; Civil Case Cover Sheet; Complaint; Cert. of Mailing; Civil Case Cover Sheet Addendum and Statement of Location; Notice of Case Assignment; Order to Show Cause Hearing / Case Management Review; "Filing and/or Process Service Instructions" on top The Complaint has 24 paragraphs Header 1 entitled: Preliminary Allegations #1 - references Section 474 of the Code of Civil Procedure...fictitious defendants DOES do most people "agree" or "deny" or "don't know" to this one? The "Proof" they included isn't great... #6 - references Section 1788.52 of Civil Code to introduce his Exhibit A, a Bloomingdale's credit card statement from May 2017 #15 - states, "defendants were indebted to charge-off creditor...as...stated in writing...attached hereto as Exhibit B,..." a Bloomingdale's credit card statement from Jan 2018 both bills are addressed to my previous home address (like 3 moves ago) both bills identify the account no. Exhibit A identifies: last payment: $186.00 on May 14, 2017 Apr 24, 2017 ... LATE FEE REVERSAL -$25.00 Apr 24, 2017 ... LATE FEE REVERSAL -$37.00 Exhibit B identifies: Dec 20 ... LATE FEE $37.00 Total Fees for this period $37.00 Dec 24 ... INTEREST CHARGE ON PURCHASES $19.38 Total Interest for this period $19.38 2017 Totals-Year-To-Date Total Fees $286.00 Total Interest $173.52 *My "proof" a 2017 transunion credit report that shows this account was charged-off in Dec. 2017; this contradicts a statement in the complaint that suggests my current address, the one in which I was served, is the one the credit owner had on file "prior to sale of the charged off account" - this is incorrect and easy to prove i also found an email from bloomingdales, May 2017, that documents a late fee reversal in the amount of $25 (like above) on May 17, 2017 but the account number is different than the one referenced in the bill the plaintiff includes here... can I use this to indicate there's a good chance he has the wrong information or that Bloomingdales made an error? lastly, i haven't seen any proof cavalry owns this debt. i haven't seen any proof N&K have been enlisted to collect this debt . i don't recall if this debt is legitimate without an itemized recount of the expenses, so I can't say with certainty it is mine... First Cause of Action (Account Stated); Second Cause of Action (Money Lent) "WHEREFORE, plaintiff prays for judgement against Defendants, and each of them, jointly and severally as follows: FOR THE FIRST CAUSE OF ACTION: (1) Damages in the sum of $921.19; (2) Costs of Suit and; (3) Such other relief as the Court may deem just and proper. FOR THE SECOND CAUSE OF ACTION: (1) Damages in the sum of $921.19; (2) Costs of Suit and; (3) Such other relief as the Court may deem just and proper. (does this mean I'm being sued for $921.19 x 2?) Signed by Attorney. Last page: signed Verification "delcares under penalty and perjury of the law". THANK YOU!
I already answered a complaint as well as the discovery process but what does this mean: I just received another notice from PRA with a box checked by AT-ISSUE MEMORANDUM Jury trail NO time estimated 2 hours case entitled to preference: NO Is discovery X complete Is any law and motion matter pending or contemplated? NO Is equitable relief sought? NO does the amount exceed $25000 NO do you object to this matter being ordered to arbitration ? YES are you willing to stipulate to Arbitration regardless of the amount in controversy? NO Other: Nature of damages: COLLECTIONS CASE- OUTSTANDING BALANCE DUE amount of Damages: $3111.71 relief sought: MONETARY From what i gathered this is saying to the court they are ready for court date? Can I request a continuance? I'm a tax preparer and timing is terrible for this right now. PS not quite sure on how to navigate this site . I am thankful for any advise or opinions given
Hello all! A while back I started a topic asking for advice with regard to setting aside a default judgment and was very impressed with all of the help I recieved. The default was set aside and MCM did not oppose my motion. Now I have a CASE MANAGEMENT CONFERENCE on January 14th and I have some serious questions on how to prepare for this. 1) I was asked to submit a Case Management Confidentiality Statement. Previously I asked if http://www.courts.ca.gov/documents/cm110.pdf was the form I was looking for but never recieved a response. Before I go crazy trying to fill it in maybe someone can verify this for me? 2) Is there any information on how this form is addressed? For instance, it asks for a lot of dates and it asks information about discovery as well as questions for the plaintiff. What I would like to know if I need to have dates or discovery and do I just leave questions blank or is there a preferred format for addressing those? Any supplemental paperwork I should add? 3) What is a Case Management Conference and what would one expect from this appointment? 4) Lastly, any further advice anyone can think of with regard to this? Background on case: A long while back I applied for a Target Visa (I already had a Target Red Card) and was denied. Come to find out a few years later that there were 2 Target Visas in my name that were maxed out. Contacted Target and the rep. said that there shouldn't be 2 cards under the same social because the social is what they use to generate the cards. At any rate, the last I heard was that they would look into it. Life goes on and all is forgotton. Received a default judgment from MCM suing me. Never was served. Fought it with the help of the Law Librarian at CCC Court Library and you wonderful people here *huzzah!* The case is over 1 of the 2 cards. Once the default was sentenced I started to finally receive letters from MCM in another language for what apparently is the 2nd of the 2 accounts. Not sure if this second account can be combined into this open case or not but need help figuring out how to get these both out of my life and continue living it. Thank you for reading and any advice in advance!!