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Guest RomeoInSD

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Guest RomeoInSD

Hello, everyone. This is my first post, but I have been a faithful reader for about 1 year or so. Here are my details:

1. Who is suing you? Unifund CCR, via this attorney:

Kenosian and Miele, LLP

8581 Santa Monica Blvd.

Los Angeles, CA 90069


2. For how much? $3,000, plus interest and attorney fees.

3. Who is the original creditor? Chase Bank One

4. How do you know you are being sued? Received summons on 12-12-06

5. How were you served? Were you served? processor, and it was my brother that was served.

6. What was your correspondence (if any) with the people suing you before you think you were being sued? I received a collections letters on Oct 31, 2005. I DV'ed within 30 days. I received no response.

7. Where do you live? California

8. When is the last time you paid on this account? I stopped paying on all my cards (due to job loss) about the end of 2003 (~12/03)

9. What is the status of your case (if anything has been opened)? You can find this by a) calling the court or B) looking it up online (many states have this information posted daily). I do not know, I will have to find out.

10. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) I did dispute with CRA around 11/05, and came back verified.

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

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. 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? I have 30 days to file a written response.

13. What evidence did they send with the summons? An affadavit? A statement from the OC? Anything else they attached as exhibits? No evidence. Just the summons and complaint.

14. What is the SOL on the debt? 4 years.

I plan on filing an ANSWER on Monday at the San Diego Superior Court. The complaint notes a Chase One Credit card, which I vaguely remember having, but I would like to see proof in case this isnt mine.

I guess I am just posting this for reference in case I come across any problems. I plan to start writing my ANSWER tomorrow. I have read that in California, it must be on recycled paper and lines numbered. Is this true?? Hopefully everything will go smooth for me.

Thanks in advance to everyone in case I need help!

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I have read that in California, it must be on recycled paper and lines numbered. Is this true?? Hopefully everything will go smooth for me.

Romeo, Welcome Aboard! For a first Post, you did that extremely well.

I just want to suggest that you file a Sworn Denial and attach it to your Answer. Keep your sentences short and simple in everything you do. Good Luck!

Now, in any court, lines numbered. I know nothing about the type of paper for California.

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can someone explain exactly what a sworn denial is please?


Some states allow you to file a paper with the court that states you deny the plaintiff's claim. It usually consists of a short statement written by you on why you deny their claim. The sworn denial then requires the plaintiff to show up to court and usually produce a live witness if the only evidence they have is a affidavit of account. If you lose the case, Normy says they can ask the court for you to pay for all costs of producing the above said live witness. (hotel, airfare, meals, etc) It may do more harm than good if not used properly, I always like to say you should consult with an attorney if you are not sure what papers to file.

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