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Being sued - a little guidence,Please


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I would appreciate help. My mother was diagnosed with lung cancer today and when I got home from the hospital,my son gave me a summons that he said a man gave him to give me. Forgive my post for sounding so nieve,but am a little overwhelmed at the moment and trying to see what i can do on this form,but can't keep my thoughts straight because of my mother.ihope thisisin the right area - but this is the questions from the sticky that i think I am supposed to post.

1. Who is suing you?

Mark D. Walsh, Legal Recovery Law Offices, Inc

2. For how much?

$3,XXX.XX - interest at a rate of 2X.XX% from date of breach - attorney fees

3. Who is the original creditor?

Capitol One

4. How do you know you are being sued?

Son got summons at door

5. How were you served? Were you served?

Son answered door and a man gave him papers to give me.

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

I cant remember if i contacted them early on -i know i did a few bills then gave up.i was layed off (still have not been offered a job) and just unplugged the phone finally from the stress. Last I knew it was in collections from them with NCO Financial Systems early last year in feb.

7. Where do you live?

California

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

I believe it was Dec,2008 or Jan of 2009. I was laid off early January 2009, so probably last payment was Dec, 2008

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 called the court and asked if there was a court date (none on the summons) she got the case number and asked,"capital one?"I said yes, and she said there was no hearing scheduled,or something like that. i didn't know what else to ask other than i told her the summons hade that it was filed on April X, and wanted to make sure I had the 30 days to respond which she said yes.

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

No

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

No - didn't know I could

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

The front page has an area that says I have 30 days to respond in writting after the summons was served on me. Says if i cannot pay the filing fees,ask the court for a wavier and states I should get an attorney stuff. Not usre what youmean by a questionaire, but there is nothing asking me any questions.

We need to know what the "charges" are. Please post what they are claiming. Did you receive an interrogatory (questionnaire) regarding the lawsuit?

Interrogatory? Again not sure what you mean, but nothing asking me questions, just a civil case cover sheet and the following charges. i don't understand the lango, so might have to type whats on here - sorry if it's too much, and will try and shorten each part with facts,unless I don't understand, then have to copy whats on here.

Mark D walsh

Legal recovery Offices

(address), ca

Capital One

vs

XXXXXX XXXXXXX and does 1 to 10

1. Plantiff is the rightful corporation, blah, blah, blah and authorized to collect the debt.

2. Plaintiff believes that at least one defendant is an individual who resides in California.

3. Plantiff is ignorant of the true names and capacities of the defendants sued herein as DOES 1 through 10 inclusive, and therefore sues these defendants bu such fictitious names. plantiff will amend this this complaint to insert true names when ascertained and then more about fictitiously named defendants are indebted to plantiff, blah, blah.

4. this is proper venuse for action involves an offer or provision of goods, services and/or credit intended for commercial use to be sold to the public primarily for personnal, family or household use and at least one defendant resides in the courts jurisdiction.

5. cause of action stated as money demand.

Allegations..

6. defendants(s) are over 18 - indebted to plantiff for credit recieved through purchases/cash advances and/or monies loaned and received and furnished to the defendant(s) by plantiff, CO, and all related finance cahrges and/or late fees incurred pursuant to the terms of the contract(s) This credit is identified by the plantiff as an account having the last four digits of XXXX (the account)

7. Defendant agreed to pay monies to plantiff as agreement between defendant and plantiff. Monies were set forth in a written credit card and/ or loan agreement between parties. Goes on how defendant indicated his/her/their, consent by an authorizing signiture on application and/or agreement.

8. Credit cards are federally regulated (some civil codes. More about Finance charges computed from time to time - no signiture required - more civil codes.

9. Plantiff dutily performed all conditions and defendant(s) have not paid back stuff.

10. Billing statements were mailed to defendants under federal cal law (more civil codes) Plantiff unaware of any unsesolved dispute received in responce to billing statement.

11. Within past four(4) years, on or about (day of week), MONTH, xx, 2009, the defendant(s) breached the agreement by failing to pay the plantiff. NOTE: have no idea where they got this date for I had not payed for awhile prior to this date.

12. Plantiff has made a demand for payment of monies stuff, and defendant(s) failed, refused or neglected to pay - so in default.

13. No part of balance owed has been paid to date and is now due and owing interest at the rate of 2x.xx% from date of breach plus attorney fees.

First Cause of action...

14. Allegations of 1-13 of this complaint

15. entered into a written contract(s) request of exgtending credit and/or providing financing to the defendant(s). in return agreed to make monthly payments in terms of contract.

16. Plantiff sent monthly bills. Best of plantiffs knowledge defendants never disputed monthly bills. Was credit card and duty of defendant to dispute in writing within 60 days of statement and failure to do so constitutes admission to the account balance.

17. Between date of contract(s) topresent, defendant breashed said contract(s) by ceasing or failing to make minimum payments.

18. Nopart of the principal sum of $3,xxx.xx has been paid to date and is now due

19. Plantiff damaged in the amount stated sum with interest thereon at the contractual rate of 2x.xx% from date of breach and lawyers fees

Second Cause of Action

20. Plantiff sets forth by reference as though fully set forth below each and every allegation of paragraph 1-19 of this complaint.

21. About defendant used and /or authorized the use of the credit knowing plantiff was to be repayed stuff.

22. Again about how much is to be recovered as amounts from 18 above according to laws and proof.

Third cause of Action...

23. Reference for allegation 1-22

24. More on amount owed, $3xxx.xx and has not paid.

25. No owed and unpaid from defendants(s) abouve staed balance.

26. Plantiff alleges that there is an account(s) stated by operation of law wherein the plantiff billed defendant(s) for the credit balance and received no objection to it.

27. Balance has not been paid -more of the sum, amount, interest - attorneys fees according to proof, or in accordance with this courts default schedule if a defualt is obtained; for costs of suit incurred herein; and for such other further relief as the court may deem proper.

Sorry this is so long, don't understand some in there, and need to know if I have to answer ALL of them? And does anything look odd any of you can point out to me?

13. What evidence did they send with the summons? An affadavit? A statement from the OC? Anything else they attached as exhibits?

There was an affadavit stating he is a lawyer with legal recovery Offices for plantiffs in the case. Says he is familiar with the facts set forth and if called as a witness could testify. Nothing was attached as exhibits - just the area where they gave the last 4 numbers of the account number.

14. What is the SOL on the debt?

The sol is not up yet. I believe it's 4 years

I apoligize for the spelling errors - I'm pretty much frazzled right now - not been a good day. Could someone please help me and let me know do i answer all of these or just some?i dont know what to do.

I hope this is in the right area. i thank you allin advance for help.

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First, I am sorry to hear about your mom. I wish her the best.

Next, if you want to win this case, you need to separate your personal life from your legal woes. If you try to gain sympathy from anyone - Capital One, their attorney or the judge, you are guaranteed to lose this lawsuit. Personal issues are not a defense to a claim for money owed.

You need to file a response to the lawsuit. There are plenty of examples here. Do not admit anything. Do not use personal problems as an excuse. Deny, make them prove everything.

Also, go to the arbitration section of this forum and read up on how to beat Capital One. You can do it with arbitration.

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Sorry for the difficult news you recieved regarding your family, this will add stress to your situation if you let it. Fear is your enemy and fear of the unknown makes all problems bigger. So let's try to get some of the fear out of this situation regarding your summons. Here are some simple steps you can take to help.

1. You have 30 days from date you were served to file an answer to the complaint/summons/law suit. This is good because it will allow you to do some reaserch on how to answer the law suit. There is enough informaiton on this board/site to help you get your answer filed. I would caution you that learning this takes time so don't wait till day 25 to start, start now a bit at time copy and paste things from here to word documents as you are learning because finding a thread or post again is not always easy.

2. When reading posts check what state the information is coming from, general themes of law are constant with the information, but you will need to really learn about California.

3. Find the following web sites via search and save in favorites the California Civil Procedures, California Rules of Court, Calfornia Civil Code.

4. The attorney you listed has offices in both So Cal and Nor Cal, so find your county web site for Superior Court as this will help you track your case with dates, check this every so often.

5. From your counties Superior Court Web site there maybe some easy to complete forms for filing your answer. Look for PLD-C-010 (called Answer-Contract)

Finally, you must file an answer to the suit or the plaintiff will get a default judgement against you, that is what they are counting on, that you won't file an answer. Generally, your answer will be a general denial of the allegations until proven, and then affrimative defenses. So as you read and posts this is what you are looking for first. How others have answered complaints and what are some affirmative defenses that you will include in your answer.

Remember this is a marathon not a sprint the legal system moves systmatically and slowly, but you have to meet deadlines. Further, from the information you provided about the complaint, this attorney is a long way from having all the proof to win, doesn't mean he won't get it eventually, but filing an answer forces him to get the information.

Good Luck and I hope things go well for your mother...

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Thank you for the responces, very much appreciated.

And, no, had no intention of using any personal excuses. One thing folks learn when they go through credit collectors is they don't give a crap about how you were laid off and can't pay them - let alone any illness. I would not had to of unplug my phone had they been nice people. So, that was never even a thought.My only concern HERE is being directed in the right area, because I sincerily will not be having tons of time in the future coming up.

One more question if anyone one knows. To consult with a lawyer. Are they outrages in prices for this kind of thing? I'm thinking if they were not too much - I could sell some jewlery or something,providing they were a few hundred dollars tops. I don'twant to do that,just concerned about time i have to get this all put together vs other issues I need to deal with

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From what you posted the amount you are being sued for is around $3K. I think you will find it cost prohibative to find an attorney. I have an attorney for one case cost was around $2K, but the debt was over 10K. So you can see the amount you would need to pay an attorney you might be able to settle with suit.

Work on filing the answer, and since it is CAP 1, read the arbitration threads. The amount you owe, along with the OC being CAP 1, and the attorney that is handling CAP 1 case makes you a prime candidate for arbitration.

You must spend some time in getting the answer filed, because this will buy you time. In my county from date of summons till trial date is about a year right now. This gives you time to investigate and learn other options.

Do a quick serach on the internet for the attorney handling the case, less than flattering results about how well this guy will be prepared.

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Guest SeaStriper

Aribitration Lacey ---> Putting up a website just on that... Capital One is a Joke... 2 Things going for you Capital Arbitration Agreement and California ---> Your Golden - $300 and deleted tradelines Thats the goal :)

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Thanks all!!

This is all so confusing,heck, I don't even know what arbitration means - talk about feeling stupid. I'll start reading next Tuesday (that's the first day I can see i will have anytime)

Am I to try and get some of those questions answered first? then arbitration? I'm sure it's in here somewhere to find. Hoping to be an expert like all of you shortly. God, what a pain this all is.

OK...guess I'll be crash coursing here soon and trying to stay optimistic. I apologise again for being so stupid on these topics - and I know to read, read, read,so I will do that next week.

Be back Tuesday and you all have a nice mothers day.

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To the one that sent me a private PM - thank you, that was very sweet of you. i can't reply back since i don't have enough post counts - but I should by the end of next week...lol

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  • 11 months later...
First, I am sorry to hear about your mom. I wish her the best.

Next, if you want to win this case, you need to separate your personal life from your legal woes. If you try to gain sympathy from anyone - Capital One, their attorney or the judge, you are guaranteed to lose this lawsuit. Personal issues are not a defense to a claim for money owed.

You need to file a response to the lawsuit. There are plenty of examples here. Do not admit anything. Do not use personal problems as an excuse. Deny, make them prove everything.

Also, go to the arbitration section of this forum and read up on how to beat Capital One. You can do it with arbitration.

Hello... I had the same problem, I responded to a summons on 3/29/11, sent a certified letter, and to-date, the Recovery law offices has not returned the receipt... are they playing games? What do I do now? Should I re-send the documents again asking for them to send me prove within 30 days.

Thank you for any advice or suggestions.

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Hello... I had the same problem, I responded to a summons on 3/29/11, sent a certified letter, and to-date, the Recovery law offices has not returned the receipt... are they playing games? What do I do now? Should I re-send the documents again asking for them to send me prove within 30 days.

Thank you for any advice or suggestions.

Did you also file an answer to the Complaint with the Court? If not, you need to do so. There have been serveral posts this week with links to the forms you need to fill out.

Good luck.

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  • 1 month later...
Did you also file an answer to the Complaint with the Court? If not, you need to do so. There have been serveral posts this week with links to the forms you need to fill out.

Good luck.

Hello calawyer,

Yes, I did filed with the court too. and the court got the same copies. To this date, they have not returned or mail me anything and has been past the 30-days mark that I gave Mark, the "lawyer" from Legal Recovery of San Diego.

I have a court date on 6/3/11, what are the chances of them showing up or not showing up at all?

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I have a court date on 6/3/11, what are the chances of them showing up or not showing up at all?

Someone will probably show up but it may well be a "rent-a-lawyer" (i.e. someone that is hired to make the Court appearance.

If this is a Case Management Conference, you should check your local rules about filing a Case Management Conference Statement.

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  • 2 weeks later...
Someone will probably show up but it may well be a "rent-a-lawyer" (i.e. someone that is hired to make the Court appearance.

If this is a Case Management Conference, you should check your local rules about filing a Case Management Conference Statement.

Hello... so on 5/24/11, I received a Request for Admission, something called a Written Interrogatories asking about my business with Chase Bank, even though Midland Funding and Mark D. Walsh from Legal Recovery Law Offices is the one suing me? They did not acknowledge receipt of my letter from 3/29/11 asking for proof of my financial obligations to Midland. They sent it to my OLD address, even though on my response on 3/29/11, I responded with my NEW address and phone number... I am guessing at this point, the lawyer's office is going to pretend they did not receive my letter from 3/29/11. The Lawyer is asking for me to provide proof of the contract I signed with Chase, statements/payments I have made to Chase? Should Midland Fundling/Lawyer, get these from Chase instead of me?? This is what I had asked them to provide... I am so pissed with the games these a-holes are playing.

Any suggestions at this point? My hearing date in this Friday, 6/3/11... they can do what they want, after all deductions and obligations, I am in the negative for $200 each month and having to borrow from families to cover..

Thank you for your time.

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You have way more important things to deal with than these iceholes.

I checked $750.00 plus costs was the best price for an attorney. PM me after you get your post count up and look at my, Calawyer, Methuss, admin and the rest are here on creditinfocenter

Gonna need to know what they know.

Loma Linda is the best in So. Cal for treatment. I will help you and you take your mom and go somewhere fun.

How old is your son? They have to leave it with an adult so if not there is something there.

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