blacksurfer Posted March 15, 2005 Report Share Posted March 15, 2005 Most people served with summons usually don't respond and the creditors win a default judgement. For those who answered the "Complaint and the Summons", who did you come out? Did you settle or were you able to get the case dismiss? Did you have to file a Case Management Review or did the creditor's attorney file a Motion for Summary Judgement? Link to comment Share on other sites More sharing options...
c m chase Posted March 15, 2005 Report Share Posted March 15, 2005 I'm just about to win mine bigtime. And I'm alllllll pro se. Read: http://www.debt-consolidation-credit-repair-service.com/phpBB2/viewtopic.php?t=22830 Link to comment Share on other sites More sharing options...
blacksurfer Posted March 15, 2005 Author Report Share Posted March 15, 2005 I'm just starting out! Haven't been served yet though, but it's coming. Link to comment Share on other sites More sharing options...
c m chase Posted March 15, 2005 Report Share Posted March 15, 2005 Is it from an original creditor? Collection agency? Junk debt buyer?No worries....we can help you through every step! They won't get a default judgment and we'll work on stopping that summary judgment, too. Link to comment Share on other sites More sharing options...
blacksurfer Posted March 15, 2005 Author Report Share Posted March 15, 2005 OK...here's the deal. It's a junkdebt buyer: Sherman Acquisition. Their attorneys mailed me a "summons" that I opened carefully, copied, and sent back as "No such person, return to sender". So I have the Case # for the L.A. Superior Court. I've been following the case history, and the court sent a "Cause of Action" to the attorneys to show why the case shouldn't be dismissed due to not serving me yet. The attorneys replied by asking for a 60 days extension to properly serve me based on the fact that they have verified my employment and will attempt to serve me at work.In the meantime I contacted an attorney that replied to a forum like this asking if anybody has been abused by Sherman Acquisition. I sent the first letter I rec'd by the attorneys and he was shocked that the letter did not comply withthe FDCPA. He may take my case to file a Class Action against the attorneys and Sherman, but he wants to make sure that letter was indeed the first letter I rec'd. So I am supposed to Answer the complaint, when served, and do a "Request for Docs" to verify the letter. So I'm waiting to get served. He told me I can call the attorneys and say that I will accept service thru the mail, but I said no, let's wait till I'm served. In the meantime I had sent a VOD letter to the attorneys and never rec'd a reply. Also after the 30 days of my VOD, they still have the debt showing on my credit report. I also hear that it's a violation of the FDCPA to continue the suit against me if they haven't verified the debt.I have purchased an excellent book called, "Sue in Calfornia, Without a lawyer" by NOLO press that shows step by step how to fill out the "Answer-Contract" to the suit and much more.So, I'm at the point of waiting to be served, but I'm reading up on how to challenge Pro Per.BS Link to comment Share on other sites More sharing options...
divemedic Posted March 15, 2005 Report Share Posted March 15, 2005 If the court finds out you were served and lied, you could be in a world of hurt. Link to comment Share on other sites More sharing options...
blacksurfer Posted March 15, 2005 Author Report Share Posted March 15, 2005 I was not served because the complaint was never mailed, only a copy a summons via first class mail. To be properly served in California you must be served by a process server or the Sheriff. Also the letter could've been delivered to any wrong address. Link to comment Share on other sites More sharing options...
blacksurfer Posted March 17, 2005 Author Report Share Posted March 17, 2005 If I want to sue the attorneys for violating the FDCPA and the FCRA, do I have to file a separate counter-complaint, or do I just list those violations on my "Answer" to their original complaint? Link to comment Share on other sites More sharing options...
ghacorp Posted March 17, 2005 Report Share Posted March 17, 2005 DV request has to occur BEFORE the initial complaint is filed and hopefully you sent a certified letter requesting after the first dunning letter. It has nothing to do with service of process having been completed which in most states can occur within six months of the initial filing. Sometimes people cannot be located and served for various reasons. Once the complaint has been filed FDCPA no longer applies and the issues are addressed in court before a judge at the appointed time. Link to comment Share on other sites More sharing options...
blacksurfer Posted April 5, 2005 Author Report Share Posted April 5, 2005 Response to above: There is some dispute as to when you can validate a debt, so it can't hurt to try even after the 30 days of the first letter.Today I rec'd a letter from the attorneys in response to my validation request. My VOD letter was sent back on Feb 18th. Almost 45 days later they wrote that they will need 8 - 12 weeks to obtain such documents.I still have not been properly served with the complaint and I check the case summary on the Court's website daily. There is still a hearing on May 5th for them to show cause on why I have not been properly served.I sent out today, via facisimile and certified mail a letter demanding that they comply with the FDCPA and FCRA for not reporting the debt as "dispute" on my credit reports and that they must dismiss the lawsuit until the debt was validated per FDCPA, section 809 9b) and the FTC opinion letter, Cass from LeFevre.Any comments?thanks!BS Link to comment Share on other sites More sharing options...
blacksurfer Posted April 27, 2005 Author Report Share Posted April 27, 2005 After I DV Sherman Acq lawyers, they responded that they needed 8 - 12 weeks. I responded by stating that the case must be dismissed since they can not properly validate the debt. After checking the Case Summary online it says, "DISMISS W/O PREJUDICE FOR ENTIRE ACTION AND ALL CAUSES"I know it might not be over, but it's still a VICTORY for me! Link to comment Share on other sites More sharing options...
ms6073 Posted April 27, 2005 Report Share Posted April 27, 2005 Thats great news but the 'without prejudice' comment indicates they are free to file suit again if they so desire. Of course you have proven that you are not one to 'roll over and die' so I am willing to bet that a buisiness manager at teh CA will opt to drop the matter since their profit margins have already taken a big hit from your legal wranglings. You might want to document any violations of FDCPA, FCRA, and states UCC so that you have your ducks in a row (never sure what that actually means ) and then counter sue! Link to comment Share on other sites More sharing options...
blacksurfer Posted April 27, 2005 Author Report Share Posted April 27, 2005 True....but thanks to many on this board who have posted. I've learned alot from each and every post and a little knowledge is power. Link to comment Share on other sites More sharing options...
blacksurfer Posted July 15, 2005 Author Report Share Posted July 15, 2005 OK...so I had two other creditors that were charged off that was sent to attorneys who hadn't filed suit yet. Maybe it's because I DV'd them. These two accounts were still at the OC. Thanks to rising property value I couldn't file BK, unless it's chp 13, and I would still have to pay a big monthly payment based on my equity. So I decided to settle with the two creditors for 50%. My FICO was 700 on Experian and in the mid 650's with Equifax and TU. I thought the Sherman Acquisition account that was dismissed without prejudice for failure to validate was still on my cr reports. So I called an offered 30% settlement. (I mentoin, not admitting guilt, only seeking a settlement to avoid further legal expenses) They refused and we finally agree on 70%. But since I found out that Sherman was no longer appearing on any of my credit reports and I didn't need to settle with them to refinance the house, I said screw them! I'm not settling with them for 70% because the case was dismissed, they couldn't validate, and they no longer appear on my report. They only have a few months to refile the lawsuit, but I don't think they can properly validate because it's been six months after the case was dismissed and they still can't validate the loan. Plus I have them on numerous violations.So, I'm officially free of these debts, and have lots of cash, thanks to the low interest rate!P.S. I'm only keeping one credit card with a limit of $1000. Link to comment Share on other sites More sharing options...
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