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Found 5 results

  1. 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.
  2. 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!
  3. I downloaded the well referenced "Seadragon copy of Calawyers famous Bill of Particulars", but I'm wondering if that's all there is to it. It's just a page. Do I just fill in my name/plaintiff/case no/ and that's it? Or is there more to include specific to my case? For example, do I leave this passage as is with the brackets: "cause of action for [goods sold and delivered] [money had and received] [money lent or paid] [quantum meruit]" or pick one? Will my bill of particulars need more research or will a basic copy of this with the party names included suffice?
  4. I was sued twice by Unifund in 2013, different law firms. The first law firm claimed substitute service at an address I have no connection to at all, so I filed a motion to quash. The clerk gave me a hearing date outside the 30 days required by statute, telling me that it was the first available date. The hearing is on calendar. The second suit served by publication, but their request contained inaccurate info and they failed to fully comply with the judge's order allowing service by publication, so I called the clerk to get a hearing date for a motion to quash. The second clerk started to give me a date outside the 30 days as the first clerk had done, but then stopped and said since these types of hearings need to be heard within 30 days, she would fit me in earlier. It's calendared within the required 30 days. Am I in trouble with the first hearing, which is coming up soon? The first clerk told me it was the earliest date available, and I took her word for it. I have a great case for first motion to quash because the plaintiff served some Doe at the wrong address. If the plaintiff argues the hearing is void because of the 30 day requirement, is there any case law that will help me rebut that? If so, should I file it with the court before the hearing? Thanks in advance!
  5. Two debt collection suits were filed against me, both by Unifund but with different attorneys. I learned of these through a defense lawyer's mail solicitations, which listed the case numbers. One attorney filed substituted service on a Doe at an address I have no connection to (a large business - not a domicile and I've never worked there). I filed a motion to quash service and the hearing date is on calendar. The attorney in the other suit filed an application to serve by publication. The order was just posted as "received" about three weeks ago and forwarded to the judge for consideration. I have lived at the same address for years and have not moved. I'm just out of the house quite a bit and apparently hard to serve. Not sure what I should do, but I don't see how I can oppose the application and order to serve by publication without putting myself under the court's jurisdiction. But I also don't see why they should be allowed to serve me by publication since I have one address which they have and which is readily available and discoverable through just about any and all public records. Does anyone know how long it normally takes the court to decide whether to allow service by publication, or if such a request is routinely granted at the Chatsworth courthouse? I have not seen the application yet, but will not be able to go to the courthouse until next week at the earliest. One of Unifund's attorneys claims to have a valid address at which they substitute served me, but the other attorney claims they must serve me by publication, which I thought was supposed to happen if an address is not known. I'm also wondering if I can viably file a motion to quash the second service if the judge allows it by publication based on the fact that they have my home address and should serve me there. I am not hard to find.