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HELP!! SO CONFUSED!!


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Okay, so in April 2011 I received the typical debt collector letter saying they are trying to collect a debt from me,,, yada yada and so I tried to settle with them, so I ended up settling for a reasonable affordable amount... which now states on my credit report, its still in collections and it's "settled for less than original amount". Now approximately 4 months ago, I received another letter from the same agency, but for another card. I called to try to negotiate with them because I'm definitely trying to clean up my credit and they were being so unreasonable, I think it's because they know I settled w/ them and now they are seeing if they could just get more. So shortly after that letter, they sent me a court summons, I filed a response and attended the court hearing and the judge told me to try and settle out of court and he schedule me to go back in June. So, the assistant or paralegal who showed up on behalf of the attorney who suppose to be handling this case, told the judge that she had a stipulation already for me to sign. So I review it and it was completely bogus, charging me so much more than the first amount they were asking. So, I decided to not agree and after doing some research, I decided to send them a DV letter. Within 5 days they send me 4 most recent statements that only show interest charges. They didn't send me proof that they were assigned the dent, or my contract with the original credit, so I send a 2nd DV letter and they send me the same thing. Please, what do I do now? My next court hearing is in June... any advice would be appreciated! :)

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Stop sending letters and start sending discovery requests. Not sure if they were even required to validate (you only have 30 days from initial contact with them) but even if they were required, they legally validate. However, it's moot. It's court time, not DV time.

Look up your rules and see how discovery will work. This is where you can win or lose the case, in discovery.

Now that you've been sued you have to follow strict procedure or you can turn a sure fire winner into a loser with a fatal procedural error.

You will want to ask for contracts, statements, witness lists, how the amount was caculated, the card agreement (contract basically) and how they have standing (don't ask prove your standing).

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Ok you answered(we need to know what you answered) so you are in the game now.

Now is the discovery phase(DV letters are not discovery)

If any of the causes of action were open book account, then send them Calawyers excellent Bill of Particulars.

also fill out This form interrogatories form and send it with a proof of service Certified Mail Return Receipt Requested(CMRRR):

http://www.courts.ca.gov/documents/disc004.pdf

check boxes

1a

102.5

104.0

112.1

114.1

115.1

150.1

150.2

150.3

and 150.4

Use this form for a proof of service for both the BoP and the Form interrogatories.

http://www.courts.ca.gov/documents/pos030.pdf

have someone other than you sign it.

for further discovery you need to see what you get from them.

without knowing your answer it would seem the judge is not happy with your response to the complaint so post your answer with the amount and your name and their name redacted so we can see what the deal is.

also know that many others have beaten these lawsuits and we can help. I think you just need a nudge in the right direction. You are now a law student so prepare to research your defense position.

is this an original creditor or a third party debt buyer? Do you think you can go to court and argue? and lastly send them a letter to meet and confer and limit their comunication to the attorneys on the case. And that you will only discuss with the attorney the case.

try to get a fee waiver it will help if you can.

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You sound a little flustered take time to study these legal concepts:

Standing(the legal capacity to sue) and lack of it

Business records exception to the hearsay rule(California evidence code 1271)Article 7. Business Records :: Evidence Code :: 2010 California Code :: California Code :: US Codes and Statutes :: US Law :: Justia

Discovery act(Cal code of civil procedure2016.010-2065)Code of Civil Procedure :: 2010 California Code :: California Code :: US Codes and Statutes :: US Law :: Justia

look up caselaw from this post:

http://www.creditinfocenter.com/forums/1131122-post60.html

use this link for further research:

LexisNexis® Custom Solution: California Courts Research Tool

and don't let them bully you around.

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Thank you for you response! =) My response just simply stated I denied the alleged debt and asked for proof that I owe the debt and would like the original contract. Also, the Debt collector is LRLO.

And as we stated, you have to ask for what you want/need via discovery. Denying is fine, in fact what you should do. However, you can't just say I want proof. You have to be specific.

Now, they have to prove their case at some point. Usually summary judgement or at trial. But they don't have to send you their "proof" the way you asked.

Make them send you that proof, it is the way you know if you have a shot at winning. Just ask them via discovery. You might find out they have no proof !!

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And as we stated, you have to ask for what you want/need via discovery. Denying is fine, in fact what you should do. However, you can't just say I want proof. You have to be specific.

Now, they have to prove their case at some point. Usually summary judgement or at trial. But they don't have to send you their "proof" the way you asked.

Make them send you that proof, it is the way you know if you have a shot at winning. Just ask them via discovery. You might find out they have no proof !!

Thank you for the advice! Okay so, do I send them a letter like I sent the DV letter, but this time requesting discovery? And if so, can you give me an idea of how I would request this. Also, another member stated I should fill out a discovery court form, (Sorry it won't allow me to post a link) now do I fill this out and file this with the court now or after I send the discovery letter? This is a lot of info, so I'm still confused, but yet so grateful for all your help and feedback! =)

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Another question to anyone who's willing to answer. Should I dispute this negative item on my credit report, or do I wait till after the court hearing? If they can't validate the debt, then they shouldn't be reporting it on my credit as collection... am I correct? Thank you in advance! P.S... I also, noticed on my Credit report the are running my credit almost every month, which is causing a negative inquiry on my report... what do I do?! =)

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yes dispute it. It will strengthen your position.

So send the discovery I posted and see what gets shaken loose.

Believe me you should see my answer to my complaint it was handwritten and hard to read but it did it's job.

Thank you so much for your response! :) So just to be clear :confused: ... I fill it out and send it to the "debt Collector" and also file it at the court, correct? Do I send a copy of the proof of service to the collector as well?

Also, on the form that you provided it asks... "Asking Party"... that would be me correct?! Where it says "Answering Party" who do I put? Do I put the collection agency, or the Original Creditor? On the Summons they sent me, it has the original creditor vs Me :confused:

One more thing, you advised me to check box # 104.0... but there is no box for # 104.0

Thank you in advance!

Edited by What2do?
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