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Hello, This forum is great. I've gotten so much great information from here and also wanted to share my progress. I am currently in ligation with a junk debt buyer(JDB) who is suing me for $42K+ in an unlimited civil case in California. Here is the timeline of how everything went down: JDB sent me a letter for the first time on 10/25/2019 It said that they are now the owner of the debt. They stated that the account was charged off on 11/21/2018 and that they're charging 10% annual interest since the charge-off date. They gave me two options on paying the total obligation of $42,xxx which I can either pay monthly over 4 years or pay 80% of it at $34,xxx if I can pay in one lump sum. If I disagree, they said that they may file a lawsuit to seek collection. I have responded back to JDB on 11/05/2019 requesting the following: Debt Buyer's right to seek collection Date of default or last payment Full account number Chain of assignment records JDB responded back with a letter on 11/13/2019 and attached Full account number Bill of Sale between the original credit card issuer and the 2nd owner dated 02/28/2019 Bill of Sale between the 2nd owner and this JDB dated 09/30/2019 JDB(Plaintiff) filed a complaint (lawsuit) filed for Civil – Unlimited for Other Collections on 11/26/2019 First Cause of Action: Breach of Credit Card Agreement Second Cause of Action: Money Had and Received Third Cause of Action: Money Due Court sent a notice of Case Management Conference (CMC) scheduled for 02/06/2020 I've filed my Answer to the Complain on 12/31/2019 I've filed my Case Management Statement on 01/22/2019 Plaintiff’s attorney called me on 1/28/2019 for mandatory ‘meet and confer’ before the Case Management Conference Plaintiff sent me Discovery Requests: Form Interrogatories Special Interrogatories Request for Production of Documents Request for Admission Case Management Conference (CMC) occurred at the court on 02/06/2020 Judge set the Mandatory Settlement Conference date for 9/11/2020 Judge set the Court trial date for 11/09/2020 I've responded to Plaintiff's Discovery Request on 2/19/2020 I've prepared my Discovery Requests and sent below to the Plaintiff on 03/02/2020 Request for Admission Request for Production of Documents Special Interrogatories Due to COVID-19, the court sent a notice that trial date postponed to 05/03/2021 and Mandatory Settlement Conference set for 02/05/2021 Plaintiff filed Motion For Summary Judgment/Adjudication on 07/16/2020 and Hearing was scheduled to 10/15/2020. The following papers were served to me: Memorandum of Points Separate Statement Declaration of JDB's employee Declaration of JBD's attorney Exhibits Credit card agreement Charge-off statement 24 months of monthly statement I've responded with Opposition to the Motion for Summary Judgment/Adjudication on 09/29/2020 (served with overnight delivery) Memorandum of Points Separate Statement Objections to Plaintiff’s Evidences Declaration of the Defendant Exhibits Bill of Sale (which does not have any specific account numbers) Defendant’s Request for Production of Documents (to show that I've requested for evidence but Plaintiff has failed to produce) Plaintiff filed a reply to my Opposition for MSJ/MSA on 10/08/2020 Response to Defendant's Additional Material Facts in Dispute Reply Brief in Support of Motion for Summary Judgment Court's Tentative Ruling denied Plaintiff's Motion For Summary Judgment/Adjudication Hearing happened on 10/15/2020 Plaintiff’s attorney dialed in to challenge Judge’s tentative ruling. I've dialed into the Hearing as well (due to COVID-19). After hearing arguments from both sides, the Judge took the motion under submission to review the evidences again to make the final ruling Final minutes on 10/19/2020 stated that Motion for Summary Judgment/Adjudication was denied with the following explanation: Plaintiff did not carry its burden(producing admissible evidence) or an assignment of Defendant's debt to Plaintiff Plaintiff's employee (Declarant) didn't declare having personal knowledge of OC and previous assignor's business records As a result, Plaintiff failed to show the existence of a contract between Plaintiff and Defendant or an indebtedness owed by Defendant to Plaintiff Additionally, Plaintiff failed to show an assignment of Defendant's debt to Plaintiff as the Bill of Sale is devoid of any reference to Defendant's credit accounts Even if Plaintiff shifted the burden to Defendant to create a triable issue of material fact, Defendant has successfully done so. ***EDIT: Now the trial is in two weeks, so I am adding some updates to this post. Had the Issue Conference with the Plaintiff's attorney since this needs to be done before 14 days of the trial. Plaintiff is going to add to their Exhibit List an affidavit from the original credit card issuer testifying that the documents (I guess the cardmember's agreement, the monthly statements, and bill of sale) are true. I have requested a copy of this to review because I have not seen this affidavit before. On their Witness List is a representative from Plaintiff's organization. I am planning on objecting to his/her testimony with hearsay. Now, my plan is to prepare Motions of Limine for Plaintiff's exhibits: Credit card agreement Charge-off statement 24 months of monthly statement Bill of Sale between the original credit card issuer and the 2nd owner dated 02/28/2019 Bill of Sale between the 2nd owner and this JDB dated 09/30/2019 New: Affidavit from the original credit card issuer Is there anything else that I should be prepared for? Or am I missing anything? Do you have any tips or advice for the trial (my first time)? I really appreciate your feedback. Thank you!
Good morning everyone! I would really appreciate help on this UNLIMITED CASE in California! THANK YOU so much, beforehand!! Here is the info on my case: -------------- 1. Who is the named plaintiff in the suit? ABSOLUTE RESOLUTIONS INVESTMENTS, LLC 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) MANDARICH LAW GROUP, LLP 420 N. Wabash Ave, Suite 400 Chicago, IL 60611 3. How much are you being sued for? 25k and change 4. Who is the original creditor? (if not the Plaintiff) US BANK NATIONAL ASSOCIATION ND 60 Livingston Ave St. Paul, MN 55107 5. How do you know you are being sued? (You were served, right?) Served 6. How were you served? (Mail, In person, Notice on door) In person at home 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 that I am aware of. 9. What state and county do you live in? CALIFORNIA, County of Los Angeles 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) Not 100% sure – they presented a CC statement with the complaint dated September 2017. 11. When did you open the account (looking to establish what card agreement may be applicable)? Unsure. But it is not a super old account. It is relatively recent (last 5 years perhaps). 12. What is the SOL on the debt? To find out: California. Written: 4 years, Oral: 2 years, Open Ended Accounts: 4 years. Statute of Limitations on Debts 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). - Filed the answer with the court (personally, and on time, on day 30) this week. - Served plaintiff’s lawyers by mail the same day – CMRR - Case Management Conference has been set for the end of April, 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. I had no warning I was going to be sued. 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? Filed the answer personally, and on time, this week. 17. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. Only two things: - Exhibit A: A copy of a Credit Card statement from Sept 2017. Guessing they're alleging that it's the "last payment"? - Exhibit B: A copy of a Credit Card statement from April 2018. Guessing they're alleging ths is the charge off? * THE ACCOUNT NUMBER PROVIDED IS ALL BLACKED OUT except for the "last four" numbers of the account. In the complaint itself the account is listed as "XXXXXXXX and last 4 numbers." 18. What are the causes of action listed in the complaint? First Cause (Account Stated) - Within past 4 years, an account was stated in writing in which it was agreed that defendant was indebted in the amount previously referenced herein. Although demand has been made upon defendant, said amount has not been paid, and is now due, owing and unpaid from defendant to plaintiff, as successor in interest. Second Cause (Open Book Account) - within past 4 years, defendant and each of them became indebted in the amount of the previously mentioned herein for a balance due on a book account for goods sold and delivered and/or services rendered by U.S. Bank National Association. Although demand has been made upon defendant, said amount has not been paid, and is now due, owing and unpaid including attorney's fees from defendant to plaintiff as successor in interest. 19. How did you find out about this site? Guess I am not necessarily a “newbie.” I won two lawsuits against JDBs about 10 years ago (one went in front of a judge, who ruled in my favor; the other one was dismissed by the rent-a-lawyer right before going in front of the judge). But, it has been a while, I’m sure things have changed a bit in the last 10-years, and this time around I am dealing with an UNLIMITED CASE. I had completely forgotten about this site until the night before I was to file my Answer this week – when I was double checking everything before filing it the next day. I remember how helpful everyone here was back then (I helped also). Since I am in new territory with this being my first UNLIMITED CASE, I want to make sure I have all my ducks in a row. I am SUPER RUSTY and it’s been a while, but I am 2-0, and definitely plan to make my record 3-0. A HUGE THANK YOU beforehand to everyone who is able to help me win this one! @LoveIsPower (this is a new account I created, since I can’t remember what my old one was)