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Please help/ suggestions for my AUG 1st meeting?


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I know I have pretty much lost out on my window to neg. this debt pay back. I did not trust a letter re: NEW payback agreement the "law firm" sent me as they did not write in that when paid in full they would rep. debt as PAID AS AGREED (which they agreed to on phone).

What I am now hoping for IS the chance to have the court @ least have record of my payback terms. (does this make sense?) I will pay back full amount in payments.

TIA for any feedback,

1. Who is suing you?

DISCOVER... LAW FIRM/CA Bidna & Keys Law Offices

2. For how much?

$6400 (original debt $3200)

3. Who is the original creditor?

DISCOVER

4. How do you know you are being sued?

Rec. Summons

5. How were you served? Were you served?

In person @ home

6. What was your correspondence (if any) with the people suing you before you think you were being sued?

telephone & several final offers to settle mailers.

7. Where do you live?

California

8. When is the last time you paid on this account?

2003

9. What is the status of your case (if anything has been opened)?

Awaiting Clerks Judgement AS I failed to respond w/in the 30 days.

10. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?)

Have not & I don't dispute it. I just am unemployed & can pay nothing. No wages to garnish in fact.

11. Did you request debt validation before the suit was filed? If not, don't bother doing this now.

NO

12. Does your summons require a response? (Look hard!) If you don't get a questionnaire with your summons, you are still probably required to answer it in writing.

My last recieved document was a: REQUEST FOR "Entry of default" "Clerks Judgement" (no questionare)

Did you receive an interrogatory (questionnaire) regarding the lawsuit?

The first form rec. DOES have a small questionare AND a date to appear for CASE MANAGEMENT CONFERENCE.

13. What evidence did they send with the summons? An affadavit?

A form letter to settle.

14. What is the SOL on the debt? To find out:

4 years according to CA SOL

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One needs to read the Nolo Press Book Win your lawsuit which discusses defending a California Limited Jurisidiction lawsuit. The CMC for a limited jurisidction case is likely to give you a short trial date in about 4 months.

If a request for entry of default is granted then the case management conference will be vacated. You may wish to consult the section regarding setting aside a default judgment.

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Thank you... both of you.

I am fiinally seeking counsel. Was not able to do before as I had zero funds to do so.

In the best case senario, I will go for trying to set aside.

Thank you & you were right it was granted, & no meeting.

BUT I did find out that the OC/CA offered me the settlement deal the day before judgement was granted. (coincident? I think not).

Is the only leverage I have to withold any payments until CA agrees to vacate? That is my only hope right?

TIA

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