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Found 7 results

  1. 1. Who is the named plaintiff in the suit? TD Bank USA 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Law offices of Patenaude & Felix 3. How much are you being sued for? Less than $1,000 4. Who is the original creditor? (if not the Plaintiff) TD BANK USA, N.A for a target credit card 5. How do you know you are being sued? (You were served, right?) Served at home, summons given to relative 6. How were you served? (Mail, In person, Notice on door) Served at home, summons given to relative 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? Riverside County 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) July 2018 11. When did you open the account (looking to establish what card agreement may be applicable)? Early 2018 12. What is the SOL on the debt? To find out: Within statue of limitations 13. What is the status of your case? Suit served? Motions filed? You can find this by a) calling the court or looking it up online (many states have this information posted - when you find the online court site, search by case number or your name). Active, court website still displays waiting on serve. Hearing set for winter 2020 saying: HEARING RE: ORDER TO SHOW CAUSE WHY SANCTIONS SHOULD NOT BE ISSUED AGAINST PLAINTIFF FOR FAILURE TO FILE DEFAULT JUDGEMENT PURSUANT TO CRC 3.74 (CORONA) Now this is the part that I don't get, has a default judgment already been made against me? I don't think so, I did a name search and this is the only court case that pops up. To my understanding, a default judgement can only be made if I had not responded to the summons. But I was just served yesterday and am so confused why this is in the summons at all. The case was filed in the first week of October 2019. 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? Note: if you haven't sent a debt validation request before being sued, it likely won't help create FDCPA violations, but disputing after being sued could be useful to show the court that you dispute the debt ('account stated' vs. 'breach of contract'). No 16. How long do you have to respond to the suit? (This should be in your paperwork). If you don't respond to the lawsuit notice you will lose automatically. In 99% of the cases, they will require you to answer the summons, and each point they are claiming. We need to know what the "charges" are. Please post what they are claiming. Did you receive an interrogatory (questionnaire) regarding the lawsuit? 29 calendar days. No questionnaire received. Cause of action reads: 1a) account created between plaintiff and defendant where defendant was indebted to plaintiff. 1b) within the last four years 1c) last 4 digits of account number, defendant has been unjustly enriched by virtue of defendant. 2) For amount (below $1,000) 3) For such other and further relief as the court deems just and fair 17. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. None 18. How did you find out about this site? Google search This doesn't seem like a regular collections lawsuit to me only because of the weird hearing to show why the plaintiff hasn't filed a default judgment. Is the court trying to clear their case load or something and saw that this case fell between the cracks? Also, I understand that it seems like there aren't strategies to win against OC lawsuits, aside from proving identity theft and SOL expiration. Since its a small amount, settlement in a lump sum is an option BUT that weird hearing thing is making me think they might've made a mistake in their lawsuit...and maybe it is in my favor?
  2. Capital One Bank (USA), N. A. Balance: $4,704.79 I was laid off back in 2007 and defaulted on my capital one credit card. I was not in a good headspace and never opened my mail as it was always bills and collection notices. At some point a judgment was ruled against me in 2010 for the Cap One debt that I was unaware of (being taken to court) until I just received this letter from Patenaude & Felix, A.P.C. FKA Bleier & Cox, A.P.C. dated 2/25/19 this past week (it went to an old address). It reads I have 14 days to accept their offer (reduced to 70% - $3,293.35). 1) do lawsuits show on credit reports? As I don't see it or anything under collections on my reports. 2) is this place legit? 3) now that there is a judgment against me, I need to handle this. Which honestly. I do want to as it was a debt I accrued at the time. But the amount of money is still a lot for me. Is this amount negotiable you think? I want to handle this personally and not wait to see what happens and next thing I know my accounts are drained and paycheck garnished.
  3. Hello, I was served a Complaint by Patenaude & Felix (in January) suing me for an account on a credit card debt with Capital One and I have already answered with a general denial. I was already skeptical about Patenaude & Felix's validity, but now my hunch has gotten even greater. I just got a letter in the mail from Capital One stating , "Thank you for contacting us.. (which I have not contacted them) ...and "Your credit card account was acquired by Portfolio Recovery Associates, LLC ." "Portfolio Recovery Associates, LLC now owns your account and may contact you either directly or through an affiliate or third party." Now I'm not sure what to do?? Can Patenaude & Felix sue me on an account owned by Portfolio Recovery Associates, LLC? Who contacted Capital One in the first place and should I contact Capital One?? I intend on fighting this in court thanks to the help of many of you on this board. Any help on this would be greatly appreciated! I have a court date set for next year (February 2017).
  4. Hello, First off, thanks for checking out my post. I am being sued by Patenaude & Felix for a National Collegiate Loan. This is the first of two loans they have on me, so I suspect the second one is coming. So far, they have filed the suit on the first loan, but I have not been served yet. The suit is in California. My co-signer is being sued along with me. I qualify for the court fee waiver, but the co-signer does not. Can I singlehandedly file answers, motions, etc. or do both parties have to (so that the co-signer would have to pay filing fees)? A local attorney thinks we can settle for $0.50 on the $1 and spread out the payments for possibly 20 years (best case scenario). That would be great, but I don’t know if I will be able to hire them (do not have the fees). Could I get a settlement like that by myself or is a deal like that usually only available when you use an attorney (maybe they fear the attorney or maybe the attorney has settlement prowess that I don’t)? Should I try and call and see if I can get a settlement offer or would that be detrimental for my situation? Any help would be beneficial and thanks again.
  5. Last year I was sued in California by the esteemed firm Patenaude & Felix for a National Collegiate student loan, 39K or so. I hired a firm last year for attorney-assisted defense, and they prepared my answer and discovery, etc. That is all long done and now trial is coming up in 46 days on April 25th. To save some $ I would like to do the rest of this myself if I can, so what now? I know the rules for unlimited civil cases are different from limited (under 25K) cases, so I want to make sure I'm proceeding correctly, or if I can even do this on my own. It seems P&F is all bark and no bite when it comes to trial and I am determined at the very least to stand my ground until the last minute! Thanks in advance.
  6. I have been sick with a very rare disease, just diagnosed, and I may have missed the boat on getting my discovery to them on time. My court date is August 26, 2013 and I sent my discovery on July, 9th 2013. They sent me a letter dated August 7th stating: Our offices have recieved your discovery requests with a proof of service dated July 9, 2013. As you may be aware, per CCP 2024.020 all discovery must be completed 30 days prior to trial. Currently, trial is set for august 26, 2013 and therefore your discovery requests are untimely and no responses will be provided. Any help is much appreciated.
  7. I just recently sent a last minute BOP (7/26/13 they received 7/30/13) and received a response of "Our Office received your Demand for Bill of Particulars dated July 26, 2013. Per CCP 2024.40(a), your request is untimely and therefore no response will be provided . Please note, Plaintiff did supply 117 pages of billing statements in response for your request for production of documents on November 30, 2012. " I am sending them a meet and confer notice stating " On July 26th, 2013, Defendant served its request for a Bill of Particulars on Plaintiff. Pursuant to CCP section 454, Plaintiff has ten days to respond or it will "be precluded from giving evidence thereof. " As described below, plaintiffs’ response is entirely deficient. Plaintiff has not provided an itemization of the account showing all items and details of the account on which the cause of action for unjust enrichment by goods sold and delivered, money had and received, and /or money lent or paid of plaintiff’s complaint is based, including the date of each transaction, a description of the services, materials or goods supplied or other considerations rendered, the price or charge made for each item, and all payments or credits that have been made to the account including details of interest calculation or fees charged at issue in this litigation. Such basic information is required to prove plaintiff’s claim. Plaintiff should have such information readily at hand. If not, it is difficult to understand how plaintiff acquired a good faith basis to file the lawsuit. Please serve a full response on or before August 9, 2013. If Plaintiff fails to do so, Defendant will move the Court for an order requiring a further response or, in the alternative, an order-precluding Plaintiff from offering any such evidence at trial." Problem is that my trial date is August 12, 2013. Background of my case is as follows: 1. Who is the named plaintiff in the suit? Capital One Bank (USA), N.A. 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Michael Boulanger, ESQ Law Offices of Patenaude & Felix, A.P.C. 3. How much are you being sued for? $2882.29 4. Cause of Action: Common Counts " because an account was stated in action between plantiff and defendant in which it was agreed that defendant was indebted to plaintiff." "This cause of action is based upon account number XXX for the sum by which Defendant has been unjustly enriched by virtue of Defendant and/or accepting benefits bestowed. It is inequitable for defendant to retain said benefits without repaying Plaintiff the value thereof." 5. How do you know you are being sued? (You were served, right?) Serviced at my front door 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? They may have sent notice however I was in the process of changing addresses and do not recall a letter, received summons at new address. 9. What state and county do you live in? San Joaquin County, CA 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) 7/4/2011 11. What is the SOL on the debt? 4 years 12. What is the status of your case? Suit served? Motions filed? You can find this by a) calling the court or looking it up online (many states have this information posted - when you find the online court site, search by case number or your name). Court date for 8/12/13 at Superior Court of CA, County of San Joaquin I filed/sent an Answer, Request for production of documents (12 Items) which they sent Credit card statements back to Aug 2008 (it had a beg bal of $2,642.92 at that time) and a Customer Agreement Copyrighted 2010, Case Management Statement (12/3/12), Bill of Particulars (7/26/13), going to send Meet & Confer (8/5/2013), I have not a trial brief. They Sent Summons 5/11/12, CMS, Production of Docs 11/30/12, Meet & Confer 7/30/13 (regarding BOP), Trial Notice 7/8/13. Need advice on Filing motion to Precluding Plaintiff from offering any such evidence at trial (not sure if filing it on 8/9/13 is ok), Also trial prep and defenses for account stated.