Being sued by Equable Ascent: help with answer to summons.

[Dstone1]

1. Who is suing you? Equable Ascent Financial (Under Cir Law firm)

2. For how much? $6700

3. Who is the original creditor? Chase

4. How do you know you are being sued? Received summons

5. How were you served? Were you served? Served with family member at home

6. What was your correspondence (if any) with the people suing you before you think you were being sued? With this attorney, none, aside from a couple phone calls at work phone. During convo I asked for DV, since I didn't receive anything. (This was before I studied up and realized I should of asked in writing via Certified mail).

7. Where do you live? California

8. When is the last time you paid on this account? April 2010

9. What is the status of your case (if anything has been opened)? You can find this by a) calling the court or looking it up online (many states have this information posted daily).

Filed on 7/19 and served 7/29. I have until the 29th to reply with my answer but would like to do tomorrow.

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

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. 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?

Yes, I have to answer the summons formally within 30 days of being served in California. Below is the bulk of the allegations.

The original debt was with Chase bank and that was charged off Nov 2010. CIR law contacted be about 2-3 months ago via a letter. Tara Muren Esq signed the court docs.

2nd cause of action: a: within the last four years (1) on an open account for money due. (2) because an account was stated in writing by and between the plantiff and defendant in which it was agreed that the defendant was indebted to plaintiff. b. With in the last four years (3) for goods, wares, and merchandise sold and delivered to defendant and for which defendant promised to pay the plaintiff.

X: Sum of $6,752.90 (4) for money lent by plaintiff to defendant at defendant's request. CC-3: Plaintiff is entitled to attorney fees by an agreement or a statue. X: according to proof 4. X: Doe defendants (specify Doe numbers) 1-10 were agents or employees of the named defendants and acted within scope of the agency or employment. 2- Doe defendants 1-10 are persons whose capacities are unknown to plaintiff. 7: C: A defendant lives here now.

8: Common counts 10: Plaintiff pays a: Damages of $6,752.90 b. interest on the damages according to proof c. attorney fees 2. according to proof d: Other (For such and further relief as the court may deem proper).

PLD-C-001 states: 1. Plaintiff: Equable ascent financial, llc. 3. A: each plaintiff named above is a competent adult. Except: Equable ascent financial, llc. (1) limited liability company.

I did pull my credit yesterday and seen them listed, since January 2011). No proof was attached showing this company as the creditor that bought out chase etc with the summons. Also, the form that says proof of served summons is not signed. The docket is valid as the Los Angeles Superior court's website.

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

Nothing was attached. Just the box marked "according to proof".

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

I'm researching how to word my "Answer" and would appreciate any help. Thanks.

[1stStep]

File your answer and deny their allegations.

After you file send a BoP...that will pretty much tie them up for a while.

[Dstone1]

Ok, filed but it lists my attorney as CIR LAW, which is whom is seeing me, I am pro se. What's the next step, a certified sent BOP request?

08/30/2011 OSC VACATED - RESPONSIVE PLEADING FILED; CASE SET FOR CMR

08/29/2011 RESPONSE FILED

07/29/2011 PROOF OF SERVICE TO COMPLAINT FILED

07/29/2011 DECLARATION OF REASONABLE DILIGENCE FILED

07/29/2011 DECLARATION OF MAILING FILED

07/20/2011 A/C - COMPLAINT FILED

07/20/2011 CMR SET 01/20/12, 0830 AM, DEPT. 77, NOTICE FILED & MAILED

07/19/2011 COMPLAINT FILED - COLLECTION CASE

07/19/2011 SUMMONS FILED

[1stStep]

Yes...send the BoP... be sure to enclose a proof of service and have someone else sign it...then send it CMRRR.

[Dstone1]

On Pleading paper?

[BTO429]

With this attorney, none, aside from a couple phone calls at work phone

§ 805. Communication in connection with debt collection [15 USC 1692c]

(a) COMMUNICATION WITH THE CONSUMER GENERALLY. Without the prior consent of the consumer given directly to the debt collector or the express permission of a court of competent jurisdiction, a debt collector may not communicate with a consumer in connection with the collection of any debt --

(1) at any unusual time or place or a time or place known or which should be known to be inconvenient to the consumer. In the absence of knowledge of circumstances to the contrary, a debt collector shall assume that the convenient time for communicating with a consumer is after 8 o'clock antimeridian and before 9 o'clock postmeridian, local time at the consumer's location;

They know they can not call you at work.

Theres one counter claim, can you prove this?

Edited August 31, 2011 by BTO429

[1stStep]

Yes, it needs to be on pleading paper. But it does not need to be filed with the court.

[Dstone1]

Update:

Sent the BOP request CMRRR on 9-1. Have not received anything back only the confirmation receipt they received the letter. What's the next step? A 2nd request BOP?

[Dstone1]

BUMP