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Being sued by Equable Ascent Financials LLC, trying to settle


Tony N.
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So basically, at this point we already worked out a settlement with the collectors. I'm waiting for the stipulation papers at this point and for them to dismiss the complaint.

I just want to make sure they are not taking me for a ride while i'm trying to settle this debt. I was served on 10/30 so I have until 11/30 to respond to the summon still. I know not to take advice from the collection agency since they are not in my best interest. I'm basically trying to ask what should I do now after I already worked out a settlement with them.

Should I still respond to the summon just so they don't get a default judgement against me? If so, how should I respond? Once I sign the stipulation papers, they those me that they will file a dismissal with the court. This is only after I provided them with a telecheck. I gave them a bank account which I only use to pay bills and such.

Can anyone give me some advice to make sure I secure my rights and position in the settlement? I don't want them to collect money then come back later saying I owe more than i do or continue with the law suit.

Thanks,

Tony

Edited by Tony N.
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You gave these people access to your bank account? Why? They may just emty it and then you'll have to sue THEM to recover. Then they'll countersue you for costs and produce this agreement and the fact that you voluntarily gave them access to your money, IE you admitted the debt and gave them the means to collect it. I think you made a big mistake, and you should correct it immediately. Do NOT allow a junk debt buyer access to ANYTHING you own. This outfit suing you is known for going to court unprepared. They cannot in all likelihood even prove their case, or ownership of your account, or that the amount is correct. You need to put a stop to that account access. Empty it and close it as soon as possible, if it isn't already too late. Post the complaint here word for word, no mistakes. Leave out names, change exact numbers to approximate amounts. We'll show you how to answer. And do NOT sign ANYTHING they give you.

Send them a curt registered letter stating that you have no intention of following through on any stipulated agreements and that you intend to vigorously defend against this unproven claim. These stipulated agreements are very suspect in courts, especially in CA. It is called a cognovit letter I believe, and requires the approval of an attorney representing you in order to be legal.

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There's really not anything for them to empty since it doesn't have a lot of money in there. I just wanted to settle this debt with them since I thought they bought the debt from Chase.

Are you telling me that there's a possibility that they did not buy the debt from Chase? I read that talking to them to settle does not affect my case in court since they cannot use that information in court. Could you confirm that this is true?

I covered up the confidential info and uploaded the complaint:

img713.imageshack.us/img713/6795/complaintpage2.png

img828.imageshack.us/img828/1694/complaintpage3.png

img707.imageshack.us/img707/8713/complaintpage4.png

I appreciate all the help I can get, thanks for warning me! Please let me know how I should respond to this.

Edited by Tony N.
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What happens in court if they are able to prove the debt and I lose? I recently just lost my job and I'm living on unemployment. My main goal is to pay rent and food at this point. Does this get taken into consideration by the judge?

Only when it comes to them actually collecting. Your situation is irrelevant as to whether or not you owe the debt. It is not irrelevant as to whether you have anything that they could lawfully take in the event that you lost the case.

You should absolutely respond to the summons. Oh, they'll be nice and work with you if they think that they may get paid. However, once that deadline is up for you filing a response, you can bet that they would not balk at filing for default judgment even if you were still negotiating a settlement and were willing to pay. Then you are stuck with a full judgment against you. If you respond, they cannot do that. You'll have more leverage if you still want to *shudders* settle with a JDB.

You are dealing with scum. They don't care about you or your situation beyond getting paid by you. They don't care if you hand it over willingly, or they have to use the force of the court system to get it.

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Yeah, that's what I was afraid might happen but they tried to reassure me that the case would be dismissed. I could tell they were very shady about everything that's why I came on this forum. I mean, I'm an honest person, and I want to try to pay what I owe but there are more important things I have to worry about like putting food on the table and roof over my head.

The last thing I need is for them to take my money then sue me again for some made up figures.

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they are tricking you into not answering and then the get a judgment which allows them to start taking stuff for 10 years with an option to renew for 10 years.

Sounds to me like your situation is not going to support an additional payment because you are one trip to the ER or mechanic from insolvency.

they want you to agree to a stipulated judgment but all the while they are stringing you along for a default judgment. They never offered you settlement before the complaint they are using as a tool to make you lax in dealing with this.

See how they act when you answer. additionally fighting buys you time to save a little for a lower settlement. File an answer and Bill of particulars and see what you uncover. They will most likely cave.

For the record file a Bill of particulars Monday, they have 10 days to provide responses. CAlayer has a good one in posts on here use the search forum. Then if the don't answer you can demurrer the complaint and file an answer at the same time.

reviewing:

Bill of particulars

Motion to strike the complaint

demurrer

answer same time you file demurrer

then we'll go from there.

also with the bill of particulars send a letter restricting phone communications to the attorney of record, and written communication only between the parties.

You can win

Close that bank account or keep no money in it. as soon as they default you they will levy on it. I am talking probably the same day.

ANY questions just ask.

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Close that bank account or keep no money in it. as soon as they default you they will levy on it. I am talking probably the same day.

ANY questions just ask.

Yes- close that account and open one a completely different bank...

As far as everyone else wrote, you are being tricked into a judgment one way, and essentially consenting to another judgement too!

The stipulated judgement is just that - a judgment that you agree with - and I'll bet that the moment you sign it, they will file it with the court. By not answering, they'll file for a default - and you'll still have a judgment.

Use the PLD-010 form, deny everything and file it...you'll qualify for a fee waiver - so that means filings with the court are free! So why not fight them? Make them spend the bucks...don't make it easy for them!

For now, UE funds are untouchable to judgment creditors- however, if they try and levy the account, those funds are essentially frozen - leaving you in the lurch until you can get them back.

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You can go to your bank ahead of time and request that they "flag" any deposits which are unemployment checks. That stops the bank levy. The imageshack thing won't work. You're going to have to sit there and type. Otherwise, request that the opposing attorney provide the complaint to you in word or pdf form. Usually a secretary can do this for you. Then you can edit, copy, and paste it here.

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You can go to your bank ahead of time and request that they "flag" any deposits which are unemployment checks. That stops the bank levy. The imageshack thing won't work. You're going to have to sit there and type. Otherwise, request that the opposing attorney provide the complaint to you in word or pdf form. Usually a secretary can do this for you. Then you can edit, copy, and paste it here.

The images works fine for me. Just cut and paste it into the address bar.

I'm going to file the answer tomorrow.

One more question though, could they use my attempt to settle the debt with them in the courtroom? Specifically my phone call to them in an attempt to settle the debt.

Edited by Tony N.
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Settlement negotiations are not admissible in court. Every day people talk negotiations for the simple reason to avoid the expense of going to court, if it was some form of admission the courts would have a much fuller docket since no one would negotiate.

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on pld-010 on #3(B)(2) you can list the paragraphs by number ie 1.2.3.4.5....

and then you can list the affirmative defenses

the bill of particulars can still be sent also.

the fact that they offerred "a deal" could show that they know that something is wrong with their case.

Let me guess they hounded you before the suit stressing you out then now this person seems reasonable while cooing about settlement all the while they have not dismissed the case which they could do right away(in my case they faxed a dismissal minutes from the start of trial.).

they are stroking your head while they are picking up the cleaver.

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Settlement negotiations are not admissible in court. Every day people talk negotiations for the simple reason to avoid the expense of going to court, if it was some form of admission the courts would have a much fuller docket since no one would negotiate.

Thanks! That's what I thought.

Edited by Tony N.
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on pld-010 on #3(B)(2) you can list the paragraphs by number ie 1.2.3.4.5....

and then you can list the affirmative defenses

the bill of particulars can still be sent also.

the fact that they offerred "a deal" could show that they know that something is wrong with their case.

Let me guess they hounded you before the suit stressing you out then now this person seems reasonable while cooing about settlement all the while they have not dismissed the case which they could do right away(in my case they faxed a dismissal minutes from the start of trial.).

they are stroking your head while they are picking up the cleaver.

Yeah, I thought something fishy was going on but I was kind of lost in all this. It really helps that you guys are leading me to the right direction. I mean, if I don't file something to fight this they win automatically, I rather fight it and let them know I mean business. I just need some help with the how-to and you guys have offered plenty of that. Thanks a bunch everyone! I'll proceed to file the answer with the court tomorrow.

I assume I just goto the court and give them a copy of the answer, then send a copy to these scums and save a copy for myself?

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Yeah, I thought something fishy was going on but I was kind of lost in all this. It really helps that you guys are leading me to the right direction. I mean, if I don't file something to fight this they win automatically, I rather fight it and let them know I mean business. I just need some help with the how-to and you guys have offered plenty of that. Thanks a bunch everyone! I'll proceed to file the answer with the court tomorrow.

I assume I just goto the court and give them a copy of the answer, then send a copy to these scums and save a copy for myself?

Basically, but you likely need to take all three copies into the courthouse to have them stamped before sending them out. At least that's the way it works here. Somebody from Cali step in and confirm that.

Also, you should send everything via CMRRR. It tells you exactly what day they received it and it also stops the "We didn't get it" crap that they could pull. I'm not saying that they would do that, but I am a firm believer in not trusting the bastards and watching them like a hawk.

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The images works fine for me. Just cut and paste it into the address bar.

I'm going to file the answer tomorrow.

One more question though, could they use my attempt to settle the debt with them in the courtroom? Specifically my phone call to them in an attempt to settle the debt.

That isn't what I meant. Posters always type the complaint etc here so we can type our information and opinion under the pertinent part. The image you put up is a scan, very difficult to go back and forth and comment. The opposing counsel will probably give this to you via email if you ask. Saves a ton of work for you too if you intend to fight this.

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usagi is right... take 3 copies to the court and get them stamped...then send 1 copy to the other side via CMRRR.

Settlement negotiations are not admissible in court - you've got nothing to worry about. As far as the phone call, if they recorded it (and did not inform you) - then they've violated the law (PC 631 & 632).

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The account is closed. Since they are planning to pull the funds from my bank account tomorrow, would it be a good idea to call them today to tell them I'm going to duke it out in court? I know someone told me to write them a letter but I don't think that will get to them on time.

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I don't know the answer to your question about your bank account. This is in reply to your question about how to fight the JDB. Look at it this way. Someone walks up to you and states, "I just bought the loan on your car. You now have to pay me. Hand over the money." What would you do? Would you pay him? Would you make payments to him? No. After you stopped laughing, you would demand proof that he bought the loan and that you owe him. This is the very same thing.

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I don't know the answer to your question about your bank account. This is in reply to your question about how to fight the JDB. Look at it this way. Someone walks up to you and states, "I just bought the loan on your car. You now have to pay me. Hand over the money." What would you do? Would you pay him? Would you make payments to him? No. After you stopped laughing, you would demand proof that he bought the loan and that you owe him. This is the very same thing.

Thanks. I'm trying to understand how these guys are even able to go after people for these loans without having the ability to prove that they own the loan in court. Did they actually buy these bad loans from Chase and other creditors? If so, when they bought the loan wouldn't they require the original creditor to give them the paperwork to actually successfully sue someone?

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Thanks. I'm trying to understand how these guys are even able to go after people for these loans without having the ability to prove that they own the loan in court. Did they actually buy these bad loans from Chase and other creditors? If so, when they bought the loan wouldn't they require the original creditor to give them the paperwork to actually successfully sue someone?

Usually the "proof" is a bill of sale/assignment from the OC to the JDB that shows the OC sold accounts or a portfolio of accounts to the JDB. That bill of sale rarely shows the defendant's name and account number. Unfortunately, most defendant's don't answer a Complaint, and a default judgment is rendered against them. If a defendant doesn't answer the Complaint, the judge is usually not going to make sure the JDB owns the debt. Other defendants have no idea about ownership of a debt and just pay the JDB.

Some attorneys for JDBs, when challenged by a defendant, will fold and drop the case. Other attorneys will pursue the case. I don't know if they keep on just to see how hard the defendant is willing to fight, or if they simply think they're smarter than everyone else.

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