DTJ

Unemployed & sued by JDB, Equable Ascent Financial LLC. Not sure what to do to fight it. PLEASE HELP

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A little over a week ago (maybe about two weeks ago), I received an advertisement in the mail that was a little suspicious. It arrived in a security-type envelope that you tear that side(s) off of, with the security backing on the back side to protect itself from being read by strangers. Inside was an advertisement by debt consolidation company, CountryWide Debt Relief, informing me of their services, given that a lawsuit was filed against me on November 19th, 2012 in regards to a unresolved credit card debt. Included in the advertisement was a court case id # for the Orange County court system. Confused, I looked up the number on the Orange County court system's website to  discover more about the case. I discovered that I was being sued by Equable Ascent Financial LLC, unbeknownst to me. I figured court information is publically accessible , so that explained the advertisement letter.

 

Well, here I am today, having received summons for the case, and I'm not sure where to go from here. I received these summons papers on December 13th, 2012, so I have 30 days to reply to them with an Answer. What is the correct set of procedures I need to do to fight this? I'm unemployed, I have no income, so I cannot afford a lawyer.

 


1. Who is the named plaintiff in the suit? Equable Ascent Financial LLC

2. What is the name of the law firm handling the suit? "REGENT & ASSOCIATES". 

Lisa Nguyen, SBN: 261347

3. How much are you being sued for? $3,031.14 in damages, plus $271.87 in lawyer fees

4. Who is the original creditor? (if not the Plaintiff) Chase Bank N.A.

5. How do you know you are being sued? (You were served, right?) Paperwork was filed on Nov 19, 2012. I was served via the mail and received the paperwork on December 13th, 2012

6. How were you served? (Mail, In person, Notice on door) In the mail to my house.

7. Was the service legal as required by your state? I think so? I'm not sure, though. The suit was filed the 19th of November. I didn't get served summons until the 13th of December. The summons was post-marked the 11th of December. The papers were sent by an unlabelled  address of 5503 Cahuenga Boulevard North Hollywood, CA 91601. I looked up the address and its a company entitled "American Legal Support Services Incorporated".

8. What was your correspondence (if any) with the people suing you before you think you were being sued? None

9. What state and county do you live in? Orange County, California

10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations)

09/14/2010


11. What is the SOL on the debt? Since it was a credit card, it's considered an open-ended account and the SOL is 4 years in California for such accounts.


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 (many states have this information posted - when you find the online court site, search by case number or your name). I'm not sure. The "Register of Actions" for my case on the Orange County Superior Court website is:

 

1 COMPLAINT FILED BY EQUABLE ASCENT FINANCIAL LLC ON 11/19/2012 11/19/2012   4 pages

2 SUMMONS ISSUED AND FILED FILED BY EQUABLE ASCENT FINANCIAL LLC ON 11/19/2012 11/19/2012   1 pages

3 CIVIL CASE COVER SHEET FILED BY EQUABLE ASCENT FINANCIAL LLC ON 11/19/2012 11/19/2012   1 pages

4 PAYMENT RECEIVED BY FOR 170 - COMPLAINT OR OTHER 1ST PAPER <=$10K IN THE AMOUNT OF 225.00, TRANSACTION NUMBER 11266205 AND RECEIPT NUMBER 11090097. 11/19/2012   1 pages

 

Meanwhile, the hearings page is absent of any information.


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?  No

15. How long do you have to respond to the suit? (This should be in your paperwork). 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?

 

I'm not even sure this is the summons papers or not. Here are a few pages from the packet (I can't mimick the formatting, nor the boxes/lines/check marks, so bear with me). It's 7 pages- A cover sheet, that's stamped. A page on Instructions on filling out the cover sheet. 2 pages on "COMPLAINT --CONTRACT". 1 page on "CAUSE OF ACTION-- BREACH OF CONTRACT". 1 page on "CAUSE OF ACTION--Common Counts". and the last page is "SUMMONS"

 

 

-----

    1     CAUSE OF ACTION--Breach of Contract

ATTACHMENT TO [check]Complaint [empty]Cross-Complaint

(Use a separate cause of action form for each cause of action.)

 

BC-1. Plaintiff(name): EQUABLE ASCENT FINANCIAL LLC

alleges that on or about (date). 01/22/2007

a [check] written [empty] oral [empty] (specify):

agreement was made between (name parties to agreement):

PLAINTIFF'S PREDECESSOR IN INTEREST & DEFENDANT

[empty] A copy of the agreement is attached as Exhibit A, or

[check] The essential terms of the agreement [empty] are stated in Attachment BC-1 [check] are as follows (specify):

Plaintiff's predecessor in interest, Chase Bank, N.A. extended credit to Defendant. Defendant accepted the credit, used it to make purchase(s), and became bound to repay the credit with interest.

 

BC-2. On or about (dates): {nothing is written in here--not dates given}

defendant breached the agreement by [empty] the acts specificed in Attachment BC-2 [check] the following acts (specify):

Defendant defaulted in making the required payments on the account as required by the terms of the agreement with the plaintiff's predecessor in interest. Plaintiff's predeccessor in interest, Chase Bank N.A., thereafter assigned the right to collect on this credit account to plaintiff for consideration and charged-off account.

 

BC-3. Plaintiff has performed all obligations to defendant except those obliations plaintiff was prevented or excused from performing.

 

BC-4. Plaintiff suffered damages legally (proximately) caused by defendant's breach of the agreement

[empty] as stated in Attachment BC-4 [check] as follows (specify):

Defendant's failure to pay all outstanding balances on the account has caused Plaintiff to suffer liquidated damages in the amount of $3031.14

 

BC-5. [check] Plaintiff is entitled to attorney fees by an agreement or a statute

[check] of $271.87

[empty] according to proof.

 

BC-6. [empty] Other:

 

----

 

Another page in the paperwork is, as follows:

 

  2    CAUSE OF ACTION - Common Counts

ATTACHMENT TO [check] Complaint [empty] Cross - Complaint

(Use a separate cause of action form for each cause of action.)

 

CC-1. Plaintiff (name): EQUABLE ASCENT FINANCIAL LLC

alleges that defendant (name): {MY NAME IS GIVEN HERE}

became indebted to [check] plaintiff [empty] other (name):

 

a. [check] within the last four years

(1) [check] on an open book account for money due.

(2) [check] because an account was stated in writing by and between plaintiff and defendant in which it was agreed that defendant was indebted to plaintiff.

 

b. [empty] within the last [empty] two years [check] four years

(1) [check] for money had and rceived by defendant for the use and benefit of plaintiff.

(2) [empty] for work, labor, services and materials rendered at the special instance and request of defendant and for which defendant promised to pay plaintiff.

[empty] the sum of $

[empty] the reasonable value.

(3) [empty] for goods, wares, and merchandise sold and delivered to defendant and for which defendant promised to pay plaintiff

[empty] the sum of $

[empty] the reasonable value.

(4) [check] for money lent by plaintiff to defendant at defendant's request.

(5) [check] for money paid, laid out, and expended to or for defendant at defendant's special instance and request.

(6) [empty] other (specify):

 

CC-2. $3,031.14       , which is the reasonable value, is due and unpaid despite plaintiff's demand,

plus prejudgment interest [empty] according to proof [check] at the rate of    0%  percent per year

from (date): {NOTHING IS WRITTEN HERE}

 

CC-3. [check] Plaintiff is entitled to attorney fees by an agreement or a statute

[check] of $271.87

[empty] according to proof.

 

CC-4. [empty] Other:

 

----

 

 


16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. None

 

Please help me. I need all the help I can get. Again, I have no law experience and I've never even been in court before. I need help starting this fight ASAP. I would really appreciate all the advice you could offer.

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Welcome,

 

If you were served today, youhave 30 days from the day you received the summons not when the actual was filed with the Courts. So make sure. Send out Request for Bill of Particulars since they marked Open Book, Money Lent, Money Had, Money Paid. There's a standard template somewhere om the is forum. You can send this before filing your answer. At least this way, you can see what they have. You will get an objection to this but this is SOP (Standard Operating Procedure) for the JDB (Junk Debt Buyer) which Equable is.

 

Look at nodebtnow's thread , I had posted an article on How to Defend Against a Junk Debt Buyer and read my thread becuase we're up against the same one for the same thing.

 

Then once you get closer to the 30 days file your answer, if the complaint is not verified you can use the general denial form.

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So, this is a Summons. I wasn't sure yet. I just expected this to be sent from the Orange County Superior Court, not some copier/scanner institution for law offices?!

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I'm sorry, but I have no legal experience whatsoever. I'm having trouble finding the appropriate "Demand for Bill of Particulars" form for my county. I found one for Ventura County, but I don't believe I can use that.

 

EDIT: That advertisement I received in the mail wasn't for a law firm seeking to represent me. It was from "CountryWide Debt Relief".

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Hey DTJ,

 

I have to go out for a bit. If no one on the forum responds, when I get back I will send you a link to a redacted bill of particulars.

 

Here you go: https://docs.google.com/open?id=0B0lfU9YL5kEVcjNLQUx5MFRiZFE

 

make sure you make a copy for yourself and the original goes to the other side. This does not get filed with the Courts. The Proof of Service is filled out and mailed by someone other than yourself.

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Can the Proof of Service be filled out and mailed by a family member, if the family member is not part of the case [i am the lone defendant here]?

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303. Breach of Contract - Essential Factual Elements

To recover damages from [name of defendant] for breach of contract, [name of plaintiff] must prove all of the following:

1. That [name of plaintiff] and [name of defendant] entered into a contract;

2. That [name of plaintiff] did all, or substantially all, of the significant things that the contract required [him/her/it] to do [or that [he/she/it] was excused from doing those things];

[3. That all conditions required by the contract for [name of defendant]’s performance [had occurred/ [or] were excused];]

[4. That [name of defendant] failed to do something that the contract required [him/her/it] to do; and]

[or]

[4. That [name of defendant] did something that the contract prohibited [him/her/it] from doing; and]

5. That [name of plaintiff] was harmed by that failure.

New September 2003; Revised April 2004, June 2006, December 2010, June 2011

Directions for Use

Read this instruction in conjunction with CACI No. 300, Breach of Contract—Introduction.

Element 3 is needed if conditions for performance are at issue. For reasons that the occurrence of a condition may have been excused, see the Restatement Second of Contracts, section 225, Comment b. See also CACI No. 321, Existence of Condition Precedent Disputed, CACI No. 322, Occurrence of Agreed Condition Precedent, and CACI No. 323, Waiver of Condition Precedent.

Equitable remedies are also available for breach. “As a general proposition, ‘[t]he jury trial is a matter of right in a civil action at law, but not in equity. [Citations.]’ ” (C & K Engineering Contractors v. Amber Steel Co., Inc. (1978) 23 Cal.3d 1, 8 [151 Cal.Rptr. 323, 587 P.2d 1136]; Selby Constructors v. McCarthy (1979) 91 Cal.App.3d 517, 524 [154 Cal.Rptr. 164].) However, juries may render advisory verdicts on these issues. (Raedeke v. Gibraltar Savings & Loan Assn. (1974) 10 Cal.3d 665, 670—671 [111 Cal.Rptr. 693, 517 P.2d 1157].)

Sources and Authority
  • Civil Code section 1549 provides: “A contract is an agreement to do or not to do a certain thing.” Courts have defined the term as follows: “A contract is a voluntary and lawful agreement, by competent parties, for a good consideration, to do or not to do a specified thing.” (Robinson v. Magee (1858) 9 Cal. 81, 83.)
  • A complaint for breach of contract must include the following: (1) the existence of a contract, (2) plaintiff’s performance or excuse for non- performance, (3) defendant’s breach, and (4) damages to plaintiff therefrom. (Acoustics, Inc. v. Trepte Construction Co. (1971) 14 Cal.App.3d 887, 913 [92 Cal.Rptr. 723].) Additionally, if the defendant’s duty to perform under the contract is conditioned on the happening of some event, the plaintiff must prove that the event transpired. (Consolidated World Investments, Inc. v. Lido Preferred Ltd. (1992) 9 Cal.App.4th 373, 380 [11 Cal.Rptr.2d 524].)
  • “Implicit in the element of damage is that the defendant’s breach caused the plaintiff’s damage.” (Troyk v. Farmers Group, Inc. (2009) 171 Cal.App.4th 1305, 1352 [90 Cal.Rptr.3d 589], original italics.)
  • “It is elementary a plaintiff suing for breach of contract must prove it has performed all conditions on its part or that it was excused from performance. Similarly, where defendant’s duty to perform under the contract is conditioned on the happening of some event, the plaintiff must prove the event transpired.” (Consolidated World Investments, Inc., supra, 9 Cal.App.4th at p. 380, internal citation omitted.)
  • “When a party’s failure to perform a contractual obligation constitutes a material breach of the contract, the other party may be discharged from its duty to perform under the contract. Normally the question of whether a breach of an obligation is a material breach, so as to excuse performance by the other party, is a question of fact. Whether a partial breach of a contract is material depends on ‘the importance or seriousness thereof and the probability of the injured party getting substantial performance.’ ‘A material breach of one aspect of a contract generally constitutes a material breach of the whole contract.’ ” (Brown v. Grimes (2011) 192 Cal.App.4th 265, 277—278 [120 Cal.Rptr.3d 893], internal citations omitted.)
  • “The wrongful, i.e., the unjustified or unexcused, failure to perform a contract is a breach. Where the nonperformance is legally justified, or excused, there may be a failure of consideration, but not a breach.” (1 Witkin, Summary of California Law (10th ed. 2005) Contracts, § 847, original italics, internal citations omitted.) “Ordinarily, a breach is the result of an intentional act, but negligent performance may also constitute a breach, giving rise to alternative contract and tort actions.” (Ibid., original italics.)
Secondary Sources

1 Witkin, Summary of California Law (10th ed. 2005) Contracts, § 847

13 California Forms of Pleading and Practice, Ch. 140, Contracts, § 140.50 (Matthew Bender)

5 California Points and Authorities, Ch. 50, Contracts, § 50.10 et seq. (Matthew Bender)

2 Matthew Bender Practice Guide: California Contract Litigation, Ch. 22, Suing or Defending Action for Breach of Contract, 22.03—22.50

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370. Common Count: Money Had and Received

[Name of plaintiff] claims that [name of defendant] owes [him/her/it] money. To establish this claim, [name of plaintiff] must prove all of the following:

1. That [name of defendant] received money that was intended to be used for the benefit of [name of plaintiff];

2. That the money was not used for the benefit of [name of plaintiff]; and

3. That [name of defendant] has not given the money to [name of plaintiff].

New June 2005

Directions for Use

The instructions in this series are not intended to cover all available common counts. Users may need to draft their own instructions or modify the CACI instructions to fit the circumstances of their case.

Sources and Authority

•“ ‘The common count is a general pleading which seeks recovery of money without specifying the nature of the claim … Because of the uninformative character of the complaint, it has been held that the typical answer, a general denial, is sufficient to raise almost any kind of defense, including some which ordinarily require special pleading.’ However, even where the plaintiff has pleaded in the form of a common count, the defendant must raise in the answer any new matter, that is, anything he or she relies on that is not put in issue by the plaintiff.” (Title Ins. Co. v. State Bd. of Equalization (1992) 4 Cal.4th 715, 731 [14 121 842 Cal.Rptr.2d 822, P.2d], internal citations and footnote omitted.)

•“Although such an action is one at law, it is governed by principles of equity. It may be brought ‘wherever one person has received money which belongs to another, and which “in equity and good conscience,” or in other words, in justice and right, should be returned… The plaintiff’s right to recover is governed by principles of equity, although the action is one at law.’ ” (Mains v. City Title Ins. Co. (1949) 34 Cal.2d 580, 586 [212 873 P.2d], internal citations omitted.)

•“ ‘The action for money had and received is based upon an implied promise which the law creates to restore money which the defendant in equity and good conscience should not retain. The law implies the promise from the receipt of the money to prevent unjust enrichment. The measure of the liability is the amount received.’ Recovery is denied in such cases unless the defendant himself has actually received the money.” (Rotea v. Izuel (1939) 14 Cal.2d 605, 611 [95 927 P.2d], internal citations omitted.)

•“ince the basic premise for pleading a common count . . . is that the person is thereby ‘waiving the tort and suing in assumpsit,’ any tort damages are out. Likewise excluded are damages for a breach of an express contract. The relief is something in the nature of a constructive trust and . . . ‘one cannot be held to be a constructive trustee of something he had not acquired.’ One must have acquired some money which in equity and good conscience belongs to the plaintiff or the defendant must be under a contract obligation with nothing remaining to be performed except the payment of a sum certain in money.” (Zumbrun v. University of Southern California (1972) 25 Cal.App.3d 1, 14—15 [101 499 Cal.Rptr.], internal citations omitted.)

•“ ‘This kind of action to recover back money which ought not in justice to be kept is very beneficial, and, therefore, much encouraged. It lies for money paid by mistake, or upon a consideration which happens to fail, or extortion, or oppression, or an undue advantage of the plaintiff’s situation contrary to the laws made for the protection of persons under those circumstances.’ ” (Minor v. Baldridge (1898) 123 Cal. 187, 191 [55 783 P.], internal citation omitted.)

•“ ‘As Witkin states in his text, “[a] common count is proper whenever the plaintiff claims a sum of money due, either as an indebtedness in a sum certain, or for the reasonable value of services, goods, etc., furnished. It makes no difference in such a case that the proof shows the original transaction to be an express contract, a contract implied in fact, or a quasi-contract.” ’ A claim for money had and received can be based upon money paid by mistake, money paid pursuant to a void contract, or a performance by one party of an express contract.” (Utility Audit Co., Inc. v. City of Los Angeles (2003) 112 Cal.App.4th 950, 958 [5 520 Cal.Rptr.3d], internal citations omitted.)

•“In the common law action of general assumpsit, it is customary to plead an indebtedness using ‘common counts.’ In California, it has long been settled the allegation of claims using common counts is good against special or general demurrers. The only essential allegations of a common count are ‘(1) the statement of indebtedness in a certain sum, (2) the consideration, i.e., goods sold, work done, etc., and (3) nonpayment.’ A cause of action for money had and received is stated if it is alleged the defendant ‘is indebted to the plaintiff in a certain sum “for money had and received by the defendant for the use of the plaintiff.” ’ ” (Farmers Ins. Exchange v. Zerin (1997) 53 Cal.App.4th 445, 460 [61 707 Cal.Rptr.2d], internal citations omitted.)

•“A common count is not a specific cause of action, . . . rather, it is a simplified form of pleading normally used to aver the existence of various forms of monetary indebtedness, including that arising from an alleged duty to make restitution under an assumpsit theory. When a common count is used as an alternative way of seeking the same recovery demanded in a specific cause of action, and is based on the same facts, the common count is demurrable if the cause of action is demurrable.” (McBride v. Boughton (2004) 123 Cal.App.4th 379, 394 [20 115 Cal.Rptr.3d], internal citations omitted.)

•“A cause of action is stated for money had and received if the defendant is indebted to the plaintiff in a certain sum ‘for money had and received by the defendant for the use of the plaintiff.’ The cause of action is available where, as here, the plaintiff has paid money to the defendant pursuant to a contract which is void for illegality.” (Schultz v. Harney (1994) 27 Cal.App.4th 1611, 1623 [33 276 Cal.Rptr.2d], internal citations omitted.)

•“ ‘It is well established in our practice that an action for money had and received will lie to recover money paid by mistake, under duress, oppression or where an undue advantage was taken of plaintiffs’ situation whereby money was exacted to which the defendant had no legal right.’ ” (J.C. Peacock, Inc. v. Hasko (1961) 196 Cal.App.2d 353, 361 [16 518 Cal.Rptr.], internal citations omitted.)

Secondary Sources

4 Witkin, California Procedure (4th ed. 1997) Pleading, § 522

12 California Forms of Pleading and Practice, Ch. 121, Common Counts, §§ 121.24[1], 121.51 (Matthew Bender)

4 California Points and Authorities, Ch. 43, Common Counts and Bills of Particulars, § 43.25 (Matthew Bender)

1 Matthew Bender Practice Guide: California Contract Litigation, Ch. 9, Seeking or Opposing Quantum Meruit or Quantum Valebant Recovery in Contract Actions, 9.02, 9.15, 9.32

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Can the Proof of Service be filled out and mailed by a family member, if the family member is not part of the case [i am the lone defendant here]?

 

Family member is fine and btw send it certified return receipt.

 

Here's some good reading:

 

How To Defend Against a Junk Debt Buyer lawsuit http://digitalcommons.law.umaryland.edu/cgi/viewcontent.cgi?article=2206&context=fac_pubs

 

Defense Against Assigned Consumer Debt: http://www.courts.ca.gov/partners/documents/2011SRL5eRooney.pdf

 

When you're ready to file your answer you can use either of these forms:

General Denial Formhttp://www.courts.ca.gov/documents/pld050.pdf or Verified Complaint Form http://www.courts.ca.gov/documents/pldc010.pdf

 

A link on how to answer form and information on Affirmative Defenses: http://www.courts.ca.gov/partners/documents/civ-contractaction.pdf

 

This will get you going and up to speed....

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I'm sorry, but I have no legal experience whatsoever. I'm having trouble finding the appropriate "Demand for Bill of Particulars" form for my county. I found one for Ventura County, but I don't believe I can use that.

 

EDIT: That advertisement I received in the mail wasn't for a law firm seeking to represent me. It was from "CountryWide Debt Relief"      The BOP is just in letter form and not filed with the court. I doubt what county it is from matters. Just, obviously change the information to what is pertinant to your info!

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Everything you need is right here. Start reading what others have posted as well. It's helpful. If you still have not found a BOP I have a good one written by CAlawyer and/or Seadragon, both of great value on this forum. You have some time, get that out, and remember it's baby steps.  Always, always, CMRR (certifed mail return receipt) I picked about 10 of each and filled them out so I'm not doing it in a hurried manner! You will need them in the future. Go get a binder and the dividers as well, stay organized! I felt totally overwhelmed as well and now realize its a slow process. Get a calender and mark days though. Make sure you are following and count the days twice so you get it right. A missed deadline is not good. Also if you download the POS from your court webpage it let's you digitally fill it out and then you can save it on your desktop for future use with your court info and what not.  Always have your POS server sign and DATE it. MIne forgot that once little mistake but always always when you sign anything write a date right next to it.!

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So to answer your question about if you have a chance.................. YES! You have a very good chance since the JDB was expecting you to stick your head in the sand and not even respond. Anything you do is better than that.
 
Follow the advice of all the posts above. Send a BOP (it didn't apply to my case so I don't have one to let you use). Yes you can use a family member for POS, my wife signed the POS for me. Send EVERY doc CMRR so you have proof they got it.
 
I wrote a post about how the JDB has to have more than JUST docs to win a case in Cali. Read it here. Also read this post on standing by Coltfan.

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I'm sending the Demand for the Bill of Particulars tomorrow, Friday, December 21st, 2012. I have a quick question, though. I read somewhere on here that there is some stipulation that the plaintiff must be 150 miles within your address, in regards to some office...?! What is that all about? The law offices that filed the summons paperwork against me is located in Houston, Texas.

 

I've also edited the original post with some additional information, along with getting rid of some unnecessary confusion on my part therein.

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I'm sending the Demand for the Bill of Particulars tomorrow, Friday, December 21st, 2012. I have a quick question, though. I read somewhere on here that there is some stipulation that the plaintiff must be 150 miles within your address, in regards to some office...?! What is that all about? The law offices that filed the summons paperwork against me is located in Houston, Texas.

 

I've also edited the original post with some additional information, along with getting rid of some unnecessary confusion on my part therein.

 

It has to do with an affadivt that they most likely will attempt to use. Read up on CCP 98. That is the statute governing it

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I'm sending the Demand for the Bill of Particulars tomorrow, Friday, December 21st, 2012. I have a quick question, though. I read somewhere on here that there is some stipulation that the plaintiff must be 150 miles within your address, in regards to some office...?! What is that all about? The law offices that filed the summons paperwork against me is located in Houston, Texas.

 

I've also edited the original post with some additional information, along with getting rid of some unnecessary confusion on my part therein.

That is going to come later for the trial declaration. The BOP is a good thing and it looks like you can demurrer/answer(I mean both in this instance and maybe they won't answer the BOP(yay got a motion fo dey azz if dat 'appens) so you are good to go you have a good amount of time to read and learn and proceed without rushing into things. and for the record when you have more time you learn more.

 

So there is a lot to read but you can do it we have many ways to go from here:

BOP-they failt to answer-preclude the giving of evidence

The BOP with a demurrer chaser and an answer back

The general denial

a long form answer

oh and the always classic answer lacking information and belief in the truth of the allegations and therefore deny the folloewing paragraphs all of them, with a million affirmative defenses that makes Coltfans head spin(just joking Colt)

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Today, I received a photocopy of the Request for Dismisal filed by Regent & Associates and the attorney representing Equable Ascent Financial with the Superior Court of California -- Orange County. After sending them a Demand for Bill of Particulars, they immediately knew they didn't have a case that would hold up in court against me. Time to celebrate... YES!

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