despore Posted April 7, 2011 Report Share Posted April 7, 2011 On going Saga, i was just summoned for brachfield law group to San Francisco, California, superior court.Some Preivous history.I got the request of payment for 5900 on behalf of FIA Card services from them a few months back. I responded by DVing them.They responded by sending me original credit application and last months statement. I then sent them a settlment offer of 20%.They responded by sending a court summons. I must respond with the courts in writing.questions:1:can anyone point me to the relevant libary's on how to corectly respond to this summons? 2:the summons says 30 days to respond. Does that start today when i first recieved the summonss, or the date on the paper? (april 30th).3: any advice on opitions. I feel right nwo that I am fairly limited as I did have a dept to bank of america/fia card services, and it looks like this CA bought it and has the docummentation (original application) Link to comment Share on other sites More sharing options...
debtfighter Posted April 7, 2011 Report Share Posted April 7, 2011 Sounds like your in a tough spot with them having the original application. Are you sure the account was sold? If so, the application is just one of several pieces they need to prove they have standing to sue. The first thing you need to do is review the civil procedure for your state and court. The 30 days start from the day you receive the summons. If you do not respond they win by default. You may want to pull your credit report to see if it shows the account as sold. Link to comment Share on other sites More sharing options...
Chapel Hill Posted April 7, 2011 Report Share Posted April 7, 2011 find other cases involving erica b. you're looking for any case with an answer. use the cases you find as the template to draft your answer. sooner is better than later. do not delay if this is your first rodeo. get your answer on file sooner rather than later. if you were served last week and you dont have your answer filed by this time next week you're not trying. life happens but if this is important to you do the search. with the number of cases she should have filed finding 4 answers to use as examples shouldnt be that hard. in the alternative do a party search on paul smith, esq. use one of his pleadings as your example. if you flat out just dont have the time, do a california bar search for seth l. hanson. he will step in an do a good job of defending you if you're too busy to get this done on your own. good luck. you'll do fine whether on your own or with a lawyer on your team. Link to comment Share on other sites More sharing options...
despore Posted April 7, 2011 Author Report Share Posted April 7, 2011 Thank you for your answers.I did a quick search for erica b on google. and came up with mutiple people. It also looks like theirs an erica b. working for brachfield. Is that who you were refering to?Secondly I reread the summons and it looks like its to limited civil court. Since the case is under 7500, shouldn't the case be in small claims? Link to comment Share on other sites More sharing options...
BV80 Posted April 7, 2011 Report Share Posted April 7, 2011 3: any advice on opitions. I feel right nwo that I am fairly limited as I did have a dept to bank of america/fia card services, and it looks like this CA bought it and has the docummentation (original application) Who is the Plaintiff? Check your credit report. See if BofA/FIA reports the card as being "sold/transferred". Link to comment Share on other sites More sharing options...
Chapel Hill Posted April 8, 2011 Report Share Posted April 8, 2011 Thank you for your answers.I did a quick search for erica b on google. and came up with mutiple people. It also looks like theirs an erica b. working for brachfield. Is that who you were refering to?Secondly I reread the summons and it looks like its to limited civil court. Since the case is under 7500, shouldn't the case be in small claims?========================================================You need to search the sf county superior court database not google. You're being sued in CCSF so hop on muni and get your research on. When this is done and if you plead it well you will be getting your drink on at Max's Erica's treat.Brachfield is a woman in socal who files a ton of these collection cases all over the state. Her bay area track record I am familiar with. First and foremost, get to the courthouse and pull some cases. You could do this from home but what you can't get sitting in front of a computer is trial counsel from folks that actually fight and win. If you're in the courthouse you may run into a lawyer who finds it troubling that folks like Erica B take advantage of those going thru a divorce or dealing with the loss of a job. That direct personal interaction can lead to a shadow counsel relationship at a below market rate or just period advice of a much higher level than you'll get from me. Pull cases where Brachfield was a party/attorney. Chances are she will be the attorney of record for the plaintiff. You want any case that has an answer filed. Your first choice should be of cases filed by attorneys. Read their pleading. If their work product is tight use that as a model. Again, sooner rather than later. Get this done. No response from you and for sure she will take your default and look to collect by wage garnishment, liening your home or the other means available to her in California. I personally love to send the sheriff out when I win and the other side doesn't pay. Do a search of the sf cnty sup database using her name. Pull cases with answers. Use the best answer you can find filed by an attorney to get your own answer on file. Send over meet and confer documents related to discovery. You might want to file a general denial as well. With respect to limited vs. small claims, she can't appear in small claims except to collect monies owed her directly hence her filing in the old muni forum. Don't sweat the little stuff. She picked the forum best suited for her needs. In this case she was correct in her action. Now just be about the business of kicking her tail. This is a case you can win if you do the work required. If you think you can handle the work you might want to file a cross compliaint. The law library is right across the street. Start your legal research. If you do this well you'll be able to have more than just drinks on Van Ness Ave on Erica's dime. Link to comment Share on other sites More sharing options...
Guest usctrojanalum Posted April 8, 2011 Report Share Posted April 8, 2011 I like the idea of trying to find one of her cases where someone, preferably an attorney, has filed an answer. After that ask the firm what BOA's settlement offer is, if you are okay with it do it. If you are not, fight it in Court. Court cases can be dragged out for a while. Link to comment Share on other sites More sharing options...
Chapel Hill Posted April 8, 2011 Report Share Posted April 8, 2011 I like the idea of trying to find one of her cases where someone, preferably an attorney, has filed an answer. After that ask the firm what BOA's settlement offer is, if you are okay with it do it. If you are not, fight it in Court. Court cases can be dragged out for a while.=====================================================Why would you advise asking about settlement? This is a case that can be won outright. Why on earth would you give one red cent of your money when you can beat the other side provided you're willing an able to do the work? Link to comment Share on other sites More sharing options...
despore Posted April 9, 2011 Author Report Share Posted April 9, 2011 (edited) thank you for your assistance and great advice.I went to the ccsf website, went to the online services taband did the name search you recommended and nothing game up.On further testing, I did a name search on myself and my case pulled up. I'm going to gues that the page is just for current cases? Is there a historical database link that i'm missing?Secondly I noticed that the lawsuit is Fia card services with brachfield representing. So i'm guesing that this means i'm being sued by the OC? and not a 3rd party. Anyways I looked up where the sf law libary is and I plan to go there tuesday(my next day off) and follow your advice on asking people there about searching for cases involving e.brachfield.I see theres two public libarys in san francisco, one on market by third street and one by city hall. Do you have any recommendations on which one to is more easily accessable to a newcommer? Edited April 9, 2011 by despore Link to comment Share on other sites More sharing options...
Chapel Hill Posted April 10, 2011 Report Share Posted April 10, 2011 thank you for your assistance and great advice.I went to the ccsf website, went to the online services taband did the name search you recommended and nothing game up.On further testing, I did a name search on myself and my case pulled up. I'm going to gues that the page is just for current cases? Actually doing a party search will get you current and past cases. Is there a historical database link that i'm missing? Try the link I pasted below. Once again, you're looking for cases wherein an answer was filed by an attorney and the work of that attorney impresses you as being complete, cleara and competent. Secondly I noticed that the lawsuit is Fia card services with brachfield representing. So i'm guesing that this means i'm being sued by the OC? and not a 3rd party. You're assuming that Brachfield is part of the pool of outside legal counsel employed by BofA. If so, this again serves you well because the bofa guide for dealing with outside counsel is very specific about what Brachfield can and can not do as well as the level of authorization required by a member of the senior leadership team at bofa. Anyways I looked up where the sf law libary is and I plan to go there tuesday(my next day off) and follow your advice on asking people there about searching for cases involving e.brachfield.I see theres two public libarys in san francisco, one on market by third street and one by city hall. Do you have any recommendations on which one to is more easily accessable to a newcommer? I've used both. The Market street location was an ole top kinda place with hard charging trial attorneys with high hourly rates and not much time for those unwilling or unable to pay top hourly rates. That said I've gotten some free help and some very expensive but very satisfying help from lawyers I met at the market street law library. I think you'll be better served using the library by city hall however. That library caters to a younger more laid back crowd. You'll run into folks straight out of law school, folks at Hasting, folks who have practiced 10 years or less as opposed to those who have practiced 15 years or more. All in all I think you'll run into a more helpful crowd. Look for ideas for a cross complaint. A real win isn't kicking their case it's getting over $3000 wired into one of your accounts from Brachfield's trust account. ---------------------------------------------------------------------http://webaccess.sftc.org/Scripts/Magic94/mgrqispi94.dll Link to comment Share on other sites More sharing options...
calawyer Posted April 10, 2011 Report Share Posted April 10, 2011 I went to the ccsf website, went to the online services taband did the name search you recommended and nothing game up.?The website only searches for parties. Brachfeld is the attorney so her cases won't show up.Do a search for FIA. The third line down has a collection of 4 cases. One of those shows an answer by a lawyer. You might give that lawyer a call to see whether she can be of assistance to you.If not, seach for my posts in this forum and the word "answer" or "general denial" . You will find all of the info you need to answer. If you have any questions, post agaions and we'll be happy to help. Link to comment Share on other sites More sharing options...
Chapel Hill Posted April 11, 2011 Report Share Posted April 11, 2011 3: any advice on opitions. I feel right nwo that I am fairly limited as I did have a dept to bank of america/fia card services, and it looks like this CA bought it and has the docummentation (original application) Link to comment Share on other sites More sharing options...
Guest usctrojanalum Posted April 11, 2011 Report Share Posted April 11, 2011 Why would you advise asking about settlement? This is a case that can be won outright. Why on earth would you give one red cent of your money when you can beat the other side provided you're willing an able to do the work?They have a copy of the application with OP's signature. Winning this would be an uphill battle at best. Link to comment Share on other sites More sharing options...
Chapel Hill Posted April 11, 2011 Report Share Posted April 11, 2011 They have a copy of the application with OP's signature. Winning this would be an uphill battle at best.====================================================Ok, you're saying the other side has a piece of paper with markings on it. Why would you coach him to just roll over because of a piece of paper? USC in this country we live by the rule of law. A basic tenent of our American way of life is to be able to face your accuser. Like time I checked a piece of paper with markings just doesn't pass muster. So USC tell me some more because I'm just not seeing this uphill battle you mentioned. For the record, USC the so called signature is it a true signature? Is it a correct signature? Is it a complete signature? By what manner are you purporting that it is a the OP's signature? Is it a wet ink signature? I think you take my point that he should be able to spend a full short cause hearing on this piece of paper with markings on it and WIN. He's wins that hearing or at least puts all this activity in the record. So if by chance the trial judge lets this information in for some limited purpose, guess what! This piece of paper with markings still would not be admissible evidence at trial so again, where is this uphill battle. Before responding I thought long and hard. I just don't follow your uphill battle related some piece of paper with markings on it, that may or most likely NOT bear the signature of the consumer who started this thread. Link to comment Share on other sites More sharing options...
Guest usctrojanalum Posted April 11, 2011 Report Share Posted April 11, 2011 USC in this country we live by the rule of law. A basic tenent of our American way of life is to be able to face your accuser. This is a criminal law concept, do not confuse it with civil law.So USC tell me some more because I'm just not seeing this uphill battle you mentioned. For the record, USC the so called signature is it a true signature? Is it a correct signature? Is it a complete signature? By what manner are you purporting that it is a the OP's signature? Is it a wet ink signature? I think you take my point that he should be able to spend a full short cause hearing on this piece of paper with markings on it and WIN. He's wins that hearing or at least puts all this activity in the record. So if by chance the trial judge lets this information in for some limited purpose, guess what! This piece of paper with markings still would not be admissible evidence at trial so again, where is this uphill battle. Ah, see you are trying to prove things beyond a reasonable doubt - again this is not criminal court. In civil court, for one party to prevail you just need to prove your case by a preponderance of the evidence. Using that standard it basically means that something is more likely to be true than not true.Now ask yourself that question, is the signature on the application cap1 provided more likely to to be the OP's signature - or is it more likely that it is not OPs signature? Link to comment Share on other sites More sharing options...
calawyer Posted April 11, 2011 Report Share Posted April 11, 2011 (edited) Now ask yourself that question, is the signature on the application cap1 provided more likely to to be the OP's signature - or is it more likely that it is not OPs signature?It may well be the OP's signature. But somebody will have to bring a witness with sufficient knowledge to identify the signature, or the OP will have to admit that it is her signature. No one, however, is going to decide whether it is "likely" to be the OPs signature. That is not the standard for admissibility in California. Edited April 11, 2011 by calawyer Link to comment Share on other sites More sharing options...
Chapel Hill Posted April 13, 2011 Report Share Posted April 13, 2011 This is a criminal law concept, do not confuse it with civil law.Ah, see you are trying to prove things beyond a reasonable doubt - again this is not criminal court. In civil court, for one party to prevail you just need to prove your case by a preponderance of the evidence. Using that standard it basically means that something is more likely to be true than not true.Now ask yourself that question, is the signature on the application cap1 provided more likely to to be the OP's signature - or is it more likely that it is not OPs signature?=======================================================USC i'm not confused about winning a dismissal with prejudice in a collection case or any civil litigation in California for that matter. I think what you fail to understand is to win you have to have admisisible evidence. The application you talk about isn't admissible at trial without a live witness. If the cross-plaintiff stands pat the other side has to bring in a robo-signer to attest to the document. Well guess what USC, that robo-signer can be impeached. So my amigo, I just don't this battle you refer too. Not seeing it at all. No large card issuer is consistently bringing in robo-signers to testify at trial so please enlighten me on the specifics that would make this an uphill battle. Link to comment Share on other sites More sharing options...
SingleDadJames Posted April 13, 2011 Report Share Posted April 13, 2011 Let's face it...the reality is the whole process is an uphill battle for a pro se. You have to have a serious amount of determination, and time, to put in the work needed to prevail!That's not to say it can't be done, but unless the plaintiff immediately drops the case after your Answer...it's going to be an uphill battle no matter who the plaintiff is. Link to comment Share on other sites More sharing options...
LearningasIgo Posted April 13, 2011 Report Share Posted April 13, 2011 Let's face it...the reality is the whole process is an uphill battle for a pro se. You have to have a serious amount of determination, and time, to put in the work needed to prevail!That's not to say it can't be done, but unless the plaintiff immediately drops the case after your Answer...it's going to be an uphill battle no matter who the plaintiff is.Anyone pro se probably has enough grit to stay the course. And who's to say that the plaintiff will be on free slide down the hill? An "uphill battle" could be in store for him, too, contingent upon the pro se's challenges and efforts. Uphill battles work both ways. "Settling" to me, matters with whom a settlement is sought. No settling with a CA or JDB, for sure (just sticks in the craw) and if the OC's charged it off, then the OC has forfeited his settlement chance, too. What's left? Fight. Link to comment Share on other sites More sharing options...
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