Tony N.

Being sued by Equable Ascent Financials LLC, trying to settle

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Ahhh I see.. man this is such a dirty business. Going after the people who are not familiar with the laws and regulations of the credit industry. This makes me kinda angry which helps when I'm fighting these guys. I'll be more persistent than the attorney going after me for ~$1800. I hope they have fun wasting their time.

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I would not even bother letting them know that you closed it. Answer the suit and send a note to the attorney that all further communication must be via the attorney of record.

I would say that their Stipulated Settlement was an FDCPA violation due to the fact that it attempted to waive your rights without the benefit of counsel since the law clearly states it is invalid if your attorney did not review it. So you might consider a counter claim for that. It is a strategy to get them to fold up their card table and go away much faster.

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I would not even bother letting them know that you closed it. Answer the suit and send a note to the attorney that all further communication must be via the attorney of record.

I would say that their Stipulated Settlement was an FDCPA violation due to the fact that it attempted to waive your rights without the benefit of counsel since the law clearly states it is invalid if your attorney did not review it. So you might consider a counter claim for that. It is a strategy to get them to fold up their card table and go away much faster.

I actually called in earlier already before you posted this. I told the lady in charge of my case (not the attorney himself/herself) and she just said "perfect".

Do you know which section specifically? Should I add that to my answer? I'm going to draft the answer after work today and post it here for your guys' review. =)

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Hey Guys,

So I finally got a chance to look at the PLD-C-010 form. I'm confuse about what I should put down since I do not even know what allegations they are making. =/

Could anyone take a look at my complaint and point out what I should be denying? It seems as thought they skipped a bunch of sections.

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

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Your being sued on open book account, and breach of contract....so on your PLD-010, you'd want to check the general denial - that should be sufficient.

The FDCPA violation would be a counterclaim you'd file - and it'd also be a Rosenthal FDCPA violation (CA law). The FDCPA statutory damages can be up to $1k, Rosenthal can be $1k. Since your alleged debt is $1,800.00, you can probably counterclaim this debt away.

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So no affirmative action? Since I've been reading that it's quite useless here.

I think you meant affirmative defenses, not action. That's a different topic. :)

Just to be safe, I'd use "Lack of Standing". If they don't provide a bill of sale that references your name or account number or valid assignment from the OC to the JDB, you've proven that defense.

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lol sorry yes i mean affirmative defenses. yeah i'll include lack of standing since that's the only thing i have worth fighting on. I'm relying that they don't have the burden of proof. if they so, oh well, i guess it's worth putting up the fight.

thanks guys. i'm going to file this today with the court.

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there is a good one on the boards here.

the affirmatives lack of standing is a good one.

So the counterclaim I am on the fence about the settlement letter that one could go either way. Settlement has always been protected by CCP 47 but there may be case law to support it.

They were probably pissed that you did that but even though you called you should still send a letter saying you cancel account access priviledge and the information is to be destroyed with an affidavit from the plaintiff certifying its destruction.

also outline the way you want them to communicate with you. don't forget to fill out a verification for your answer if they verified their complaint.

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They didn't verify their complaint. i use the lack of standing affirmative defense and checked the general denial box which I submitted to the court today. Sadly, I didn't qualify for a fee waiver so I had to pay that amount out of pocket. =/

At this point, I'm probably going to do a lot more reading in order to prepare myself for court if they decide to pursue it. I will send them a letter to make sure they destroy the bank account information as you suggested as a courtesy. I might just fax it in since I don't think it's required to send it certified mail.

The reason why I had to submit the Answer today was because the Nov. 30 deadline was approaching and I'm heading out of town for a couple days. I'll probably deal with this more once I get back from my trip. Meanwhile, if you guys have anymore advice, please post, it's much appreciated!

Edited by Tony N.
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I would not even bother letting them know that you closed it. Answer the suit and send a note to the attorney that all further communication must be via the attorney of record.

I would say that their Stipulated Settlement was an FDCPA violation due to the fact that it attempted to waive your rights without the benefit of counsel since the law clearly states it is invalid if your attorney did not review it. So you might consider a counter claim for that. It is a strategy to get them to fold up their card table and go away much faster.

Do you mind if send you a pm about this statement? It is a question for me, nothing to do with this thread.

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These guys are bottom feeding scum. I just recently had my case dismissed with them. I fought them all the way and they dismissed the case two months before the start of the trial. They were represented by Mark Walsh, also scum.

Read up, arm yourseld with knowledge and dont back down.

I also filed a Memorandum of Costs to recover all of my expenses. If they dont comply i'll get a judgement against them. Ha

Good luck and fight these guys

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I just won against Equable. Their so-called evidence was garbage. Mine was also with Chase and all they had was an unsigned copy of a contract and a piece of paper showing that they had purchased over 35,000 accounts.

They are counting on the defendant folding but they are probably one of the easiest to win against.

This site is incredible for the superior advice and help given.

Take that advice and you will give them another defeat.

Good luck :) Actually with Equable, you should have no problem winning.

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BTW. if you get no satisfactory reply after the BOP, send a followup letter as a courtesy and if no good response (which there won't be), then you can file a Motion to Compel and in all likelihood, they will fold.

Keep up the good fight and you will definitely win this. Equable are the bottom of the food chain.

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So I received two things from the law firm recently. My court date is set for mid September.

The first thing they sent me was a letter they filed with the court to have me bring my social security id, statements, etc.

The second thing they sent me was a "DECLARATION OF PLAINTIFF IN LIEU OF PERSONAL TESTIMONY AT TRIAL" and "PROOF OF SERVICE".

They also included a bill of sale, a Chase statement with the amount owed and my name, and my credit card agreement.

I'm lost of what I should do now. I didn't know they would have a statement! The bill of sale looks fishy.. it was signed by the "Team Leader" of Chase Bank and "General Counsil" of Hilco Receivables, LLC.

I'm pretty lost at the moment and I would appreciate any advice you guys could give. Please let me know if you guys want me to post the papers. I can black out the personal details and post them in a PDF later.

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Ok, I'll search up on how to do that. What about the first paper they sent requesting that I bring all those documents to court with me? Should I comply?

Do I still have a standing chance against these guys? I was really surprise they were able to obtain an actual statement from Chase.

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Anymore information on how to get the declaration tossed? What actions could I take to make that happen? Should I be looking for violations on their part in relation to certain credit laws?

I'm willing to do a lot of research on my part. I just need some direction.

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File a subpoena with the court clerk, then you need to get a sheriff deputy or process server to serve the subpoena. if the affiant is not there (99% chance they arent), the server will fill out a declaration which becomes the basis of your motion to preclude the declaration.

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