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Received Summons today (Help Requested)

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RJM Acquisitions is suing me their attorney is Brachfeld & Associates

For $8334.70

The original creditor Chase Manhanhatten sold to RJM ACQUISITIONS LLC ASSIGNEE OF CHASE BANK USA N.A. MASTERCARD.

I received Summons in mail. I was served by receiving an unmarked first class mail with no return address in mail.

My correspondense with Chase/RJM/Brachfield was that I advised a majority of the balance was grossly overstated on phone. Sent DV letter no response.

I live in San Jose, California

Last payment was made on 03/2006

Status of case is in Category: Collections - Limited Filed: 5/16/2007 Status: Open, Scheduled date 1/8/2008 01:30PM CV CMC-Case Management Conf

I have disputed the debt with the credit bureaus and agencies.

I requested debt validation before the suit was filed 2 months prior and used CMRR.

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Below is what I need help with.

The Civil Lawsuit notice states

1. You must file a written response to the complaint, in the clerk's office of the Court, within 30 days. (What and how do I do this?)

2. You must send a copy of your written response to the plaintiff; and. (Easy enough)

3. You must attend the first Case Management Conference.

(Seems easy enough)

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DMG...make sure you answer the complaint as fast as you can.

Make sure you show up to all apperances.

Read the stickys on this board.

You might type in the name of your courthouse and be able to get more information. Sometimes they even post the dockets and if they do, make sure you check that all the time for your name and case.

Good luck

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The court is superior court of California,

County of Santa Clara 191 N. First St., San Jose, CA 95113

What do you mean by Dockets?

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Found the case online. Something I noticed on the summons it didn't really mention any complaint it just had a bunch of boxes checked with no reference to an account number or anything. The summons is not even signed should it be?

The funning thing is when I searched my name I found 2 other cases I never even knew about.

One from Chase & one from discover both were posted with "CV-BT EntryReqDism-No ADR'

Does anyone know what this means? "CV-BT EntryReqDism-No ADR"

It appears both were vacated dismissal. Does anyone know why or how that would occur?

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CV might mean civil case (as opposed to criminal case)

BT might mean balance transfer

ADR might mean alternative debt resolution, such as arbitration

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Received Summons today (Help Requested)

--------------------------------------------------------------------------------

RJM Acquisitions is suing me their attorney is Brachfeld & Associates

For $8334.70

The original creditor Chase Manhanhatten sold to RJM ACQUISITIONS LLC ASSIGNEE OF CHASE BANK USA N.A. MASTERCARD.

I received Summons in mail. I was served by receiving an unmarked first class mail with no return address in mail.

My correspondense with Chase/RJM/Brachfield was that I advised a majority of the balance was grossly overstated on phone. Sent DV letter no response.

I live in San Jose, California

Last payment was made on 03/2006

Status of case is in Category: Collections - Limited Filed: 5/16/2007 Status: Open, Scheduled date 1/8/2008 01:30PM CV CMC-Case Management Conf

I have disputed the debt with the credit bureaus and agencies.

I requested debt validation before the suit was filed 2 months prior and used CMRR.

Start hitting the books or study the board. dont expect people to do it for you but everyone is supportive here to guide you through.

You must Answer the Complaint with any affirmative defenses and then move on to Discovery. You will have to read your Rules of Procedure in the Court of your jurisdiction where the case is being held. (Sometimes they are online). Then move on to the Discovery part and thats where the fun and studying begins. But first make sure you read your Rules of Procedure for these will be guiding your case.

Also how old is the alleged debt? Because if it is outside of the SOL then you can file a MOtion To Dismiss based on that.

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You can use a general denial from the judicial counsel forms for starters. (It's an adobe acrobat form, you can fill it out, sign it, and have it served on the other party.)

I'm not sure if California requires counterclaims to be filed at the same time.

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I HAD TO IN MY SMALL CLAIMS CASE BUT I DONT KNOW IF THE LIMITED CIVIL DIVISION REQUIRES IT EITHER ...YOU CAN CALL AND ASK THE CLERK, 50/50 IF SHE'LL TELL U THOUGH....

...IM NOT YELLING, MY CAP BUTTON IS STUCK ON..:lol:

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Received Summons today (Help Requested)

Start hitting the books or study the board. dont expect people to do it for you but everyone is supportive here to guide you through.

You must Answer the Complaint with any affirmative defenses and then move on to Discovery. You will have to read your Rules of Procedure in the Court of your jurisdiction where the case is being held. (Sometimes they are online). Then move on to the Discovery part and thats where the fun and studying begins. But first make sure you read your Rules of Procedure for these will be guiding your case.

Also how old is the alleged debt? Because if it is outside of the SOL then you can file a MOtion To Dismiss based on that.

My problem is there was no complaint on the summons it only says I am being sued for breach of contract, Common counts according to Proof w/ no proof. So I am unsure how to answer with "affirmative defenses". I have been reading the board for 24 to 30 hrs in my entirety of life on this board through multiple threads and can not find anything related to information on how to answer a summons.

The only thing attached is the Declaration of Jurisdictional Facts

Which state:

1. I am the attorney of record.

2. The above-entitled action is not subject to the provisions of Civil Code Section 1812.10 or Civil Code Section 298.4

3. The above-entitled action is subject to the provisions of Code of Civil Procedure Section 395(B) and/or 396(a).

4. Venue for this action is proper in the above-entitle Court because at the commencement of this action, one or more of the named Defendants resided in this Judicial District.

5. If called as a witnes, I would competently so testify.

Then the I declare statement with a Date Executed April 6, 2007 document is unsigned.

You can use a general denial from the judicial counsel forms for starters. (It's an adobe acrobat form, you can fill it out, sign it, and have it served on the other party.)

Found the General denial forms

PLD-050* PLD-050* 1/1/2007 General Denial

Thanks will take a look at it.

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After reading through the forms I found that the General Denial Form stated

"You MAY NOT use this form if the complaint is verified and involves a claim for more than $1000 that has been assigned to a third party for collection.

(See Code of Civil Procedure sections 90-100, 431.30, and 431.40)."

I believe because they are attempting to collect for $8000+ I can not use the above mentioned form.

I searched the site for more forms and found:

PLD-C-010 PLD-C-010 1/1/2007 Answer-Contract

So the form has standard information however a few parts that confuse me are:

Answer-Contract section

A. Has Check box TO Complaint of (name): Question: "Who is this? me or them"

B. Has Check box Defendant admits that all of the statements of the complaint or cross-complaint are true EXCEPT: Question: What statements they didn't have any?

(1) Defendant claims the following statements are false

(2) Defendant has no information or belief that the following statements are true, so defendant denies them. Question: I guess this is all I fill out?

4. Has Check box AFFIRMATIVE DEFENSES Defendant alleges the following additional reasons that plaintiff is not entitled to recover anything:

Question: Do I put any Affirmative Defenses?

5. Has Check box Other Question: Not sure if I need this?

6. Defendant Prays

a. that plaintiff take nothing

b. Check box for costs of suite

c. Check box other (specify):

So my reasons for not paying are

  1. Company failed to provide statements in mail which resulted in surge in interest rate 2nd month of billing cycle.
  2. Company added a payment protector service without my approval and did not remove it after I asked.
  3. Total amount charged on card not including payment protector, interest, late fees or overlimit fees is roughly 11,500 dollars.
  4. Total amount paid to credit granter is 11,200 dollars.
  5. Total amount owed is = Roughly 300 as opposed to the 8000+ credit grantor asked for.
  6. I believe the total amount they are seeking for 300 dollars is unjust and unfair.

All my reasons I can prove except for the intention of not sending a statement (2) months into the inception of account to bump interest rate. I can produce a letter request removal of payment protector, letter of debt validation to the collection agency, I made a complaint with the BBB on Chase, and I notified Chase on phone and via a letter that I would be ceasing payments until my account was fixed.

Question: What outcome should I be looking for here? I owe them money I just do not think 8000+ dollars is fair for their services? If the judge rules against me how long does a judgement stay on my credit report? Do I admit the account is mine, do I admit I owe money, do I say nothing? How should I approach this?

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Filed the answer on this and was granted a fee waiver for all court filling cost.

Do I sit around and wait for the court date now? The hearing is in January do I need to do anything to prepare? So far I have received no facts or anything related to the complaint just a notice that I am being sued.

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