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My wife and I were served 11/28/2011 with a Summons by a guy with a badge. He asked if I was so-and-so and if wife lived with me; I replied "yes" and he said "you have been served". We have 30 days to file a response. We were served with the following docs; SUM-100 (Summons 1 page), PLD-C-001 (COMPLAINT - Contract 2 pages), PLD-C-001(2) (CLAUSE OF ACTION-Common Counts 1 page) and finally CM-10 (Civil Case Cover Sheet 1 page) in that order plus 7 pages about ADR.

Long story short:

We foreclosed on a property and the HOA hired a collections agency that I will call "A" to collect past due HOA dues for about $13K. In October 2011, the debt changed hands and it was sold or transferred to another collections agency that I will call "B" (Plaintiff).

10/13/2011 - Received a bill from Collections agency B to pay in full $14.2K (10% interest)

10/31/2011 - Collections Agency B filed the summons with clerk

11/28/2011 - date we were served

12/28/2011 - Final date to file respond to summons

I also need to mention that we started looking into a Chapter 13 bankruptcy and we are speaking with a bankruptcy lawyer but a few things must happen first; appraise current home, hire accountant for tax implications of foreclosure, and deal with summons. He said we need to respond to the summons first and he said that might buy us some time for Ch13.

We are being sued for $13,000 (minus the latest interest from agency B). We have until 12/28/2011 to reply to the summons. We have decided to respond with form PLD-C-050 General Denial even if debt exceeds $1000 since there does not appear to be a Verification attached. What Affirmative Defenses should we state? We would like to keep it short but have a clause in there that allows us to have flexibility in case the bankruptcy doesn't work out. For the signature portion of the form, does it need a dual signature from both of us or can either one of us sign?

Second, we are planning on sending out form POS-030 (Proof of Service by First-Class Mail-Civil). Is this the correct POS form to use? Under question 5 a. Name of person served, can I enter the business name? The plaintiff is a business name dba another business name. No person is named but there is an attorney representing the business. Will his name go under "Name of person served" or enter the business name since that is the name on the summons as the plaintiff?

I prefilled some of the basic information but it states that someone else, NOT a party to this action, must complete and mail it. I will ask a friend of mine to help out for this part. Before I file with the Clerk, will I need my friend to sign the form or can I file without his signature to get the endorsement stamp from the clerk.

Can he/she sign after I file with the clerk; friend lives 40min away?

The clerk will be keeping the original copy, will it need to be signed first and then kept with the clerk?

Will my friend need to go to the clerk with me? Please help clarify.

When it is mailed using certified mail, will my friend be the one to fill out the certified mail information or can I do it?

I would really like to take care of it myself but I want to follow the correct steps to respond to the summons. I plan to go to court later today.

Thanks in advance.

================

*Update 12/31/11: questionnaire info.

1. Who is the named plaintiff in the suit? C B A

2. What is the name of the law firm handling the suit? KK Associates Inc.

3. How much are you being sued for? 13K

4. Who is the original creditor? A S A P Collections Service HOA for home foreclosed (first collection agency)

5. How do you know you are being sued? Served by individual with badge/gun

6. How were you served? In person at front door of home

7. Was the service legal as required by your state? I believe so

Process Service Requirements by State - Summons Complaint

8. What was your correspondence (if any) with the people suing you before you think you were being sued? We received a bill from them Oct 2011 to Pay in Full. At the end of the month, they filed to sue us. We have never heard of them previously. We used to get correspondence from ASAP collections but it appears debt was sold to C B A

9. What state and county do you live in? CA, Contra Costa

10. When is the last time you paid on this account? We last paid HOA 11/2008

11. What is the SOL on the debt? To find out: I do not know

Statute of Limitations on Debts

12. What is the status of your case? Suit served? Motions filed? You can find this by a) calling the court or B) looking it up online - unknown, cannot answer at this time

13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) No

14. Did you request debt validation before the suit was filed? Note: if you haven't sent a debt validation request, don't bother doing this now - it's too late. No

15. How long do you have to respond to the suit? 30 days.

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. They filed a cause of action Common Counts. The state: "The right to collect and sue on all claims herin has been duly assigned to plaintiff prior to filing this action. The obligation and performance under the original claims/contract has not been assigned to the plaintiff.

Plaintiff Prays for judgement for costs of suit; for such relief as is fair,just, and equitable; and for

a. damages of 13K

b. interest on the damages at the rate of 10% per year as set forth in each count

c. attorney fees according to proof

Did you receive an interrogatory (questionnaire) regarding the lawsuit? Responded to suit, no interrogatory questionnaire.

Here is an example of what the summons/complaint may look like: Sued by a Debt Collector - Learn How to Fight Debt Lawsuits

16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. Attached a Cause of Action - Common Counts

CC-1 Plaintiff allges that defendant became indebted to A S A P Collections Services HOA

a within the last four years 1. on an open book account for money due 2. because an account was started in writing by and between plaintiff and defendant in which it was agreed that the defendant was indebted to plaintiff

b within the last two years (checked) withing the last four years (checked)

1. for money had and received by defendant for the use and benefit of plaintiff

2. for work, labor, services and materials rendered at the special instance and request of defendant and for which defendant promised to pay plaintiff the sum of 13K

3. for goods wares and merchandise sold and delivered to defendant and for which defendant promised to pay plaintiff

4. for money lent by plaintiff to defendant at defendant's request

5. for money paid laid out and expended to or for defendant at defendant's special instance and request.

6. other: the account sued upon herein arose subsequent to 1/1/87 and is subject t othe provisions of CA Civil Code 1717.5. This claim arises pursuant to CA Civil Code 1354(a)

CC-2 13K which is the reasonable value, is due and unpaid despite plaintiff's demand plus prejudgment interest at the rate of 10% per year from date 12/06/10

cc-3 Plaintiff is entitled to attorney fees by an agreement or a statute according to proof

cc-4 Other: n/a

================================================== ==

Edited by cisco3000
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I can't answer all yoru questions but the proof of mailing is pretty simple. You send it to the outfit that is suing you. Whoevever the Plaintiff is on the lawsuit is who you state on the form that you are mailing the answer to and you use the address on their pleadings. Every document you give to the court you will also send to these people with the address they used when they sued you. It is not the individual but the company that sued you (Plaintiff) that you mail the documents to.

I had a friend mail my documents. Whoever signs is swearing an oath that they sent the items. After you do the documents have your friend send the items in the mail and sign your proof of mailing using their name and address and signature. Then when you go to the courthouse to file your papers, you take 2 of those proof of mailings. One for the court and one for you to keep. Ask the clerk to stamp both for you. Do this on everything you send to the other side.

Also, you need not mention bankruptcy at all in your answer re the lawsuit. I wouldn't. Just make a general denial. When I answered my claim I went and googled 'affirmative defenses ' california collections. Something like that and came up with several pages written by lawyers in this state. One of the lawyers said to put everything and the kitchen sink under affirmative defenses which is what I did. Some people here may not agree. I copied what the guy said even tho I didn't know what half of them meant. Weirdly enough at the end of my case (which was dismissed by the Plaintiff the day before trial) every defense I used was appropriate. These collection attorneys make alot of errors and sometimes or most times have no proof of your debt or very little. The important thing tho is to fight the case and put in your denial. Also say in there that you reserve the right to change or amend your answer and defenses if needed.

If you are really going to file BK I would file a chapter 7 if you can. Might as well wipe your slate clean. Both are the same damage to your credit rating. I don't know your situation tho and I know the new BK laws can perhaps prevent this. Anyway, you can file BK all the way up to the trial date which would be a year from now most likely. You can even file BK after the trial or the date that they win a judgement. So don't worry about putting that in right now. Keep your cards to yourself. And wait to see what they have against you before you decide what you are doing. good luck!

Edited by chiquita55
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Thanks chiquita55 for the steps. To clarify the mailing portion, my friend will send an unstamped copy of the documents to the plaintiff. Is that correct? It will not have the clerk date stamp on the upper right hand corner of the document. Then after he mails it, i will go to the clerk and have two copies stamped, one for me and one for the court?

This is probably way too easy but I am making a big deal. It is my first summons and spending hours and days of trying to research it is very stressful.

The reason I ask is that my copy of the summons mailed to me was an exact copy of the summons that was served to me. Thats probably all it was just a copy mailed not a POS. The return address on the envelope however was from another place, not the plaintiff's.

Thanks again.

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Welcome cisco3000,

You may want to post who the Plaintiff is and the law firm so that others may help or may have had experience with the Plaintiff/Lawyer. This will ease the strain and uneasiness you and your wife may have. Just to know there are others here that have fought the Plaintiff I'm up against eases the stress.

As far as how I did mine, I drove to my friend's work (40 min drive), signed it, we both went to the post office, and we sent it certified mail, returned receipt (this way you'll know exactly when Plaintiff got it). Then I drove to the courthouse with 2 copies and had the clerk stamp it. 1 copy for me, 1 for the courts.

hope this helps.

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Welcome cisco3000,

You may want to post who the Plaintiff is and the law firm so that others may help or may have had experience with the Plaintiff/Lawyer. This will ease the strain and uneasiness you and your wife may have. Just to know there are others here that have fought the Plaintiff I'm up against eases the stress.

As far as how I did mine, I drove to my friend's work (40 min drive), signed it, we both went to the post office, and we sent it certified mail, returned receipt (this way you'll know exactly when Plaintiff got it). Then I drove to the courthouse with 2 copies and had the clerk stamp it. 1 copy for me, 1 for the courts.

hope this helps.

Hi, I thought about posting the Plaintiff's name but since this is a public forum it might hurt the case, not sure how, but playing it safe. Very helpful forum by the way. If anyone is interested I can PM the name of plaintiff but the initials phoeneticaly are "Cee Bee A" - basically take the first letters.

I was thinking of sending it certified mail with my friend present at the post office also since HE is the one sending it certified mail.

To confirm, the forms that he is mailing is POS-030 and my General Denial form PLD-C-050, but both are NOT stamped by the clerk correct? I have drive 40miles to go to him.

Then I will drive back to the court (about 40miles) and take two copies to get stamped one for the court and my copy.

If I wanted all copies stamped. My friend would need to fill out his portion and be present at the court or can I go without him with form POS-030 that he has signed? Then I have to drive back 40miles to have him mail it.

Ideally, I want to go to the Clerk with both forms, get all copies stamped, then give a copy to my friend to mail certified. It is really the way the form POS-050 should be handled is what is confusing for me. The legal aspect etc.

This is seems a bit confusing but I want to get it right.

Edited by cisco3000
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Welcome cisco3000,

You may want to post who the Plaintiff is and the law firm so that others may help or may have had experience with the Plaintiff/Lawyer. This will ease the strain and uneasiness you and your wife may have. Just to know there are others here that have fought the Plaintiff I'm up against eases the stress.

As far as how I did mine, I drove to my friend's work (40 min drive), signed it, we both went to the post office, and we sent it certified mail, returned receipt (this way you'll know exactly when Plaintiff got it). Then I drove to the courthouse with 2 copies and had the clerk stamp it. 1 copy for me, 1 for the courts.

hope this helps.

Thanks helpme for the response. Was the copy that your friend mailed stamped by the court?

Edited by cisco3000
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I noticed that many new cases presented have a questionairre that forum members reply to to get answers. Where is that link located?

Also, I was wondering if I put any and all Affirmative Defenses, how many additional pages does that take? Is there a separate court legal form for additional page? I know they will not accept a regular 8.5x11" sheet of paper. It seems everything literally by the book!

I am being sued by a collections agency who purchased the loan from another collections agency (the one originally collecting on behalf of the HOA).

Thanks again for helping during this busy time of the year.

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Hi Cisco

The copy mailed to Plaintiff was not stamped. When I filled out the PLD-050 it was on a Saturday, brought original and 2 copies of PLD-050 went to courthouse on Monday and got all 3 stamped, 1 for Court, 1 for Plaintiff and I for me. Then On Wednesday went to my Friend's work, she signed POS-030, made 2 extra copies. We sent 1 stamped copy of PLD-050 and 1 copy unstamped POS-o30 to Plaintiff. Then I drove to courthouse and got the other 2 POS-030 stamped 1 filed with court.

Hope this helps

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Hi Cisco

The copy mailed to Plaintiff was not stamped. When I filled out the PLD-050 it was on a Saturday, brought original and 2 copies of PLD-050 went to courthouse on Monday and got all 3 stamped, 1 for Court, 1 for Plaintiff and I for me. Then On Wednesday went to my Friend's work, she signed POS-030, made 2 extra copies. We sent 1 stamped copy of PLD-050 and 1 copy unstamped POS-o30 to Plaintiff. Then I drove to courthouse and got the other 2 POS-030 stamped 1 filed with court.

Hope this helps

Thank you for clarifying. I wanted to go to the Clerk only once. If I have to go twice I will do that. Did you have to pay the filing fee twice? Is it about $200 a visit? Thanks again

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"I noticed that many new cases presented have a questionairre that forum members reply to to get answers. Where is that link located?"

Here it is: http://www.creditinfocenter.com/forums/there-lawyer-house/242744-qs-answer-when-posting-forum-please-read.html

If you have problem with the link look for this on the first page of the forum: Sticky: Q's to answer when posting in this forum - please read!

Be Careful with putting too many Affirmative Defenses that you will need to prove yourself. You don't want the burden of proof to fall on you. The Burden of Proof is on the Plaintiff. But here's the link on Affirmative defenses:http://www.creditinfocenter.com/forums/there-lawyer-house/310699-lets-have-discussion-affirmative-defenses.html

In Your General Denial it should say something like this:

1. Defendant denies every allegations made by the Plaintiff in the Complaint.

2. As and for the First Defense, Defendant claims Lack of Privity as Defendant never entered into any contract or Debtor/Creditor agreement with Plaintiff.

3. As and for Second Defense, Defendant reserves the right to amend and/or add additional Answers, Defenses and/or Counterclaims at a later time.

something to this effect....

I suggest you read the following member's thread, calawyer(he's an angel), sleepless in California(in process), 1111girl(won both her cases), DaFish(won case), Aqui(in process), Jenn408, seadragon(he rocks), vldca(won case) they are all from California and maybe one of them has the same Plaintiff/Law firm as you and start reading/following their posts. You and your wife are not alone. You will also see others from other states helping and suggesting as well.

Once you have sent your Answer, request for a Bill Of Particulars (BOP for short) (CCP 454). Be familiar with this. Google California CCP 454. This is beatable, it will take time and effort on your part but that's what we're here for. So answer the questions and let others help you.

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I never sent the Plaintiff a court stamped copy of the proof of mailing. All you need is one for yourself should they claim they didn't get what you sent. You have your declaration from your friend etc that they mailed it and the court stamped it. You will have to file serveral things while going thru this case so always get a copy stamped and keep it for yourself. Always get a proof of mailing stamped for yourself but you do not have to include that to the Plaintiff. Your friend can mail that and then you file your papers. Maybe you should find someone closer to you to sign the proof of mailing for you.

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I would send out a bill of particulars also if the count is not account stated.

post the complaint allegations you might be able to demurrer the complaint at the same time. It will buy you some time.

If it is general in nature with no attachments demurrer might be the way to go.

so post the complaint allegations.

also sounds like the foreclosure has just begun? Try sending this RESPA letter to them for the foreclosure it might be of some use to that action.

redacted Respa letter.zip

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Thank you seadragon and chiquita for the responses.

My bankruptcy attorney is advising me NOT to answer the complaint. He said we will plan on filing Chapter 13 within the next few weeks before the collections agency would be able to garnish our wages or levy our bank accounts.

He gave me the option of buying additional time and he would be willing to file the response to the clerk on my behalf. He mentioned that the filing fee differs according to the amount involved. The court charges $225 for amounts < 10K and $385 for amounts > 10K but < 25K. His flat fee is $300. Does this sound reasonable?

I have until Wednesday to decide whether I file it myself or have my bk lawyer represent me. I do have a very busy schedule at work and it would be nice not having to wait in line. At the same time it's a learning process and I am learning and receiving help from everyone on this forum. I will discuss my bk lawyer further.

Thanks again everyone for your input.

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I don't understand why this attorney has to wait 2 or 3 weeks to file your BR. Why not file it now so that you don't have to pay to answer the case either way? Why have an automatic judgement entered onto your credit report AND a BR? If he would file the BR you wouldn't need to pay any other court fees. The creditor would have to cease collections. Why doesn't your BR lawyer send the credit/lawyer a letter stating he is filing BR so that neither you nor the other side wastes more time or dollars on this case. I wish I had $300 to throw away for this and that when there is no need to do so.

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I agree with chiquita. You were served 11/28 you only have 30 days to answer. Don't follow what the bk attorney is saying answer the complaint or it becomes automatic "Default Judgement" in favor of the Plaintiff. If you're worried about the court fees file a FW-001 Request to Waive Court Fees. Submit this with your answer when you file with the Court. The Court will not ask for payment at that time. Clerk will tell you, you will get a response in about a wk or 2. So no monies up front if you submit. This will by you time. But get your answer filed.

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Thank you seadragon and chiquita for the responses.

My bankruptcy attorney is advising me NOT to answer the complaint. He said we will plan on filing Chapter 13 within the next few weeks before the collections agency would be able to garnish our wages or levy our bank accounts.

He gave me the option of buying additional time and he would be willing to file the response to the clerk on my behalf. He mentioned that the filing fee differs according to the amount involved. The court charges $225 for amounts < 10K and $385 for amounts > 10K but < 25K. His flat fee is $300. Does this sound reasonable?

I have until Wednesday to decide whether I file it myself or have my bk lawyer represent me. I do have a very busy schedule at work and it would be nice not having to wait in line. At the same time it's a learning process and I am learning and receiving help from everyone on this forum. I will discuss my bk lawyer further.

Thanks again everyone for your input.

If you are 100% positive that you will be filing for BK, in the next 2 months then I tend to agree with your BK attorney. Why waste the filing fee, or pay him to file an answer for a debt that will ultimately be listed on your BK filing.

This assumes you have already paid your BK attorney fee, and he has been retained under an attorney-client agreement. Point is you are throwing away a $200-300 dollars, that might be better spent somewhere else.

Best of Luck...

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My bankruptcy attorney is advising me NOT to answer the complaint. He said we will plan on filing Chapter 13 within the next few weeks before the collections agency would be able to garnish our wages or levy our bank accounts.

Um, I would consider that BAD advice! You only get this ONE chance to answer the complaint!! Once you neglect to answer, you chance is GONE!! If you change your mind, or decide to use a different atty (like a consumer credit atty), your options to fight this will be much less.

Filing an answer buys you time, and keeps you out of trouble with the court.... when you decide what you are going to do, you can let the court know you have filed for BK protection. Then things will be taken care of that way.

JMHO... and lowly $.02.....

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cisco3000, which is it? xheadscratchx

I also need to mention that we started looking into a Chapter 13 bankruptcy and we are speaking with a bankruptcy lawyer . . . He said we need to respond to the summons first and he said that might buy us some time for Ch13.

My bankruptcy attorney is advising me NOT to answer the complaint. He said we will plan on filing Chapter 13 within the next few weeks before the collections agency would be able to garnish our wages or levy our bank accounts.

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I am no expert and all so take what I say with a grain of salt but I don't think you are getting very good advice from that BR lawyer other than I agree you answer the summons. It doesn't take much to answer that summons. It is quite short. Just say you don't agree you owe that bill and be done with it. Tell the court you have no $$ and you need a fee waiver. She most likely will grant it at least to file the answer.

Also, I don't get the BR 13. Are you made to file that instead of a 7? They are both just as damaging against your credit rating so why not abolish the debt instead of trying to pay all the debts back? I would give myself a clean slate and try to rebuild your credit over time and live within your means. Thats what I have had to do altho I didn't file BR.

If your only bill is this 13,000 I would have done a deal with this creditor rather than pay it back thru BR court. Something seems awry here. It also should take all that time to do those things you mentioned that are delaying filing the BR. I would have found an appraiser that would come right out. Hate to sound mean but you are wasting precious time. This answer could have been done in 1 day. Just file the BR now, you can work out the details later. It takes quite some time to get to court on the BR. But I would file a chapter 7 if I were you for all this money. One last thing to be careful of. And thats who owns this debt. You have A and B trying to collect. You need to find out who has the right to sue and who owns the debt now.

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cisco3000, which is it? xheadscratchx

Hey nascar,

When I first joined the forum a few days ago we were working with a chapter 7 attorney. We didnt qualify so we just met the chapter 13 attorney, the same day I joined the forum. We were thinking of doing a mid january filing since we had some other things to take care of first such as getting the house appraised to get a value to strip the second mortgage. However, i dont think the house will appraise so thats when he stated to NOT respond since we will file as early as this Monday two days before the response is due. Hope that clears it up.

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I don't understand why this attorney has to wait 2 or 3 weeks to file your BR. Why not file it now so that you don't have to pay to answer the case either way? Why have an automatic judgement entered onto your credit report AND a BR? If he would file the BR you wouldn't need to pay any other court fees. The creditor would have to cease collections. Why doesn't your BR lawyer send the credit/lawyer a letter stating he is filing BR so that neither you nor the other side wastes more time or dollars on this case. I wish I had $300 to throw away for this and that when there is no need to do so.

Hi Chiquita,

We will actually be filing now instead of a mid January filing. Reason was we needed to appraise house first. He felt that if it appraised for less than what we owe on the first he can strip the second. I also wanted to move forward with thr bk so I do not have to pay any court filing fees. I'd rather keep that money.

Thanks for your input and everyones input so far.

Edited by cisco3000
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Hey chiquita,

Thanks for the response, we didnt pass the means test for a chapter7 so we are now doing a chapter13 with a referral from the first attorney.

We had a rental property and the 13k was for the HOA. I did fail to mention that we had a recourse 2nd loan on that property for 53k. The creditors also keep calling but they have not decided to sue us yet but they most likely will. We have already tried to settle with them but that didnt work out in our favor.

There was also a 151k deficit on the first mortgage. My credit report still shows it under my name and the foreclosure is not yet reflected. By the way B currently owns the 13k debt.

I am no expert and all so take what I say with a grain of salt but I don't think you are getting very good advice from that BR lawyer other than I agree you answer the summons. It doesn't take much to answer that summons. It is quite short. Just say you don't agree you owe that bill and be done with it. Tell the court you have no $$ and you need a fee waiver. She most likely will grant it at least to file the answer.

Also, I don't get the BR 13. Are you made to file that instead of a 7? They are both just as damaging against your credit rating so why not abolish the debt instead of trying to pay all the debts back? I would give myself a clean slate and try to rebuild your credit over time and live within your means. Thats what I have had to do altho I didn't file BR.

If your only bill is this 13,000 I would have done a deal with this creditor rather than pay it back thru BR court. Something seems awry here. It also should take all that time to do those things you mentioned that are delaying filing the BR. I would have found an appraiser that would come right out. Hate to sound mean but you are wasting precious time. This answer could have been done in 1 day. Just file the BR now, you can work out the details later. It takes quite some time to get to court on the BR. But I would file a chapter 7 if I were you for all this money. One last thing to be careful of. And thats who owns this debt. You have A and B trying to collect. You need to find out who has the right to sue and who owns the debt now.

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Cisco, I hope it all gets straightened out for you soon and that you can somehow get a fresh start, lower payments and be rid of the stress of all of this. Good luck! I am glad you are filing before you have to answer the court summons altho somehow the court needs to know that you filed the BR so that you don't also get a judgement.

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*update with our lawsuit - I also updated my first post to answer the questionnaire for posting in this forum.

As I mentioned before, we have been sued (details in the previous posts). We are in the process of filing a Chapter 13 bankruptcy. However, the bk lawyer looking at our situation said that bankruptcy is not in our best interest right now because we don't have enough debt. He said that the creditors of the home we foreclosed on in the beginning of the year will most likely 1099-C us for the deficit and will hit us with a major capital gains tax ($200K) that bk cannot help. He said we should have filed before we foreclosed.

Back to the issue at hand. If bk is not in our future, we were advised to settle OR to follow through with the lawsuit.

Good news is that I responded to the summons with a General Denial the day before the response was due. It cost $370 per person since the amount that we are being sued is 13K

I used the following affirmative defenses

1. Defendant denies every allegations made by the Plaintiff in the Complaint.

2. As and for the First Defense, Defendant claims Lack of Privity as Defendant never entered into any contract or Debtor/Creditor agreement with Plaintiff.

3. As and for Second Defense, Defendant reserves the right to amend and/or add additional Answers, Defenses and/or Counterclaims at a later time.

***********

In the mail on Thursday I received something in the mail from the Superior Court of Alameda. It is a Notice of Case Management Conference and Order.

There is a date of 3/14/2012 @ 9am. It states:

1. You must:

a. Serve all named defendants and file proofs of service on those defendants with the court within 60 days of filing of the complaint (CRC 3.110(B))

b. Give notice of this conference to any party not included in this notice and file for proof of service

c. Meet and confer, in person or by telephone, to consider each of the issues identified in CRC 3.724 no later than 30 calendar days before the date set for the Case Management Conference

d. File and serve a completed Case Management Statement (use of Judicial Council Form CM-110 is mandatory) at least 15 days before the Case Management Conference (CRC 3.725)*

2. If you do not follwo the orders above, you are hereby ordered to show cause why you should not be sanctioned under 2.30. The hearing on the Order to Show Cause re: Sanctions will be at the same time as the Case Management Conference. Sanctions may include monetary sanctions and any other sanctions permitted by law, including striking and pleadings or dismissing the action.

3. You are further ordered to appear in person (or through your attorney of record) at the Case Management Conference noticed above. You must be thoroughly familiar with the case and fully authorized to proceed.

4. The Direct Calendar Judge will issue orders at the conclusion of the conference that should include:

a. Referring to ADR and settling an ADR completion date

b. Dismissing or severing claims or parties

c. Setting a trial date

My question is what are the next steps? What exactly is this case management conference and order? I do not have legal representation and I don't know if I am treading deep in an area where I will definitely lose this case.

Help and thoughts? Thanks in advance.

Edited by cisco3000
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