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I am being sued by a JDB in California


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I am being sued by Lance A. Brewer, Esq. (aka Brewer & Brewer), on behalf of JDB, KBW Capital, Inc. for breach of contract in the amount of $6,040.22 plus interest on the damages according to proof and attorney fees according to proof.

Prior to receiving the summons I have received notices from Brewer & Brewer, which I followed up with a DV letter that I got off this website. The only response I received from them was a copy of contract that I signed with the OC, no proof that they legally own my debt, no numbers on how they calculated what they say I owe, no payment history, nothing else that I requested, just a letter stating:

"Relative to the above and pursuant to your request, enclosed please find verification of your obligation to our client's assignor."

Attached was a copy of the contract I signed with the OC.

No contact was made between I and the JDB or their lawyer, other than the DV letter and notices that were sent to me by JDB's attorney.

Prior to this suit I was sued by Brachfeld & Associates on behalf of Midland Funding where I ended up settling with them out of court for a couple of hundred dollars less than what they were asking, which I later on regretted doing so (after finding out the dirt on their company). Now I want to make sure I handle this case right.

Any help is appreciated, thank you!

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The lack of responses is probably because your request is so general.

It's hard for us to know how to help without knowing more, especially your intentions.

I'm going to assume that you want to fight this lawsuit. But realize that if they've been able to produce a copy of the contract you signed with the OC, it's going to be tough to win. It's unusual for a JDB to be able to produce this. That leaves hoping they can't prove they have legal ownership of the debt, and disputing the amount they are claiming and getting an accounting.

The first step is to file an Answer. You have 30 days from the date you were served. California provides forms you can use, which are available online. I've posted the links recently; search for some of my recent posts. If you can't find the links, I can post them again. You will have to pay a fee to file your answer, I think it's $320. You can get this fee waived if you can meet certain guidelines, basically if you're really, really broke. You file your Answer with the court, and mail a copy to the plaintiff's attorney.

In your Answer you will basically deny the plaintiffs claims and assert your Affirmative Defenses. If the Statute of Limitations (4 years in California) has expired, that's your best bet.

After you've filed your Answer, you will engage in Discovery with the plaintiff. They will basically ask you to admit to everything they claim. You, in turn, will demand they produce the documentation to prove their case, including proof they own the debt, and an accounting of how they arrived at the amount they claimed. I'll leave the details on this phase for later.

I hope this helps.

Good luck.

DH

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