missbellie

Sued by Main Street Acquisition, few days left!

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Hi, i'm new to this forum and i'm in desperate need of help!

 

I've been served by the Main Street Acquisition Corp who's predecessor in interest is HSBC Bank Nevada.The summons was filed by Nelson & Kennard, Robert Scott Kennard, S.B.N. 117017 who is representing Main Street Acquisition. I've researched online about Main Street Acquisition and they are a collection agency that buys debt and sues the people. I searched online on how to respond to the summons and read articles saying to write a letter (below is the letter I wrote to respond to the summons) to request for documentations to prove what I allegedly owe and how MSA came up with the amount that I allegedly owe. I also read online that a lot of people saying that they won just by responding to the summons by writing the Request to Validate a Debt.

I went to the court clerk to file a response, but the clerk said that my letter is not valid and they don't accept it. She said I needed to file legal papers. They said I need to hire an attorney and file the same paperwork as the summons I receieved.

 

I do not know what to do, I am being sued for $1,261. Can someone or a lawyer please help me out?? It would be greatly appreciated!!!

 

1. Should I just call the Main Street Acquisition Corp and pay off the debt? If I call the plaintiffs attorney to pay off (the summon only has the attorney info and no info for Main Street Acquisition), do I need to somehow respond to the summons with the court? Can anyone help me explaining this process?

 

2. Is it true that the letter I wrote is not valid to respond to the summons? Do I have to hire an attorney to file the response? How come the internet, people wrote that they were able to reply by only mailing a Request for Debt Validation letter?

 

3. Is there any other way to beat this without hiring a lawyer?

 

 

 

 

LETTER I WROTE TO RESPOND:

DEFENDANT:

name

address

 

PLAINTIFF:

name

address

 

Re:

 

To Whom It May Concern:

I am sending this letter to you in response to a summons I received from you on date. Be advised, this is not a refusal to pay, but a notice sent pursuant to the Fair Debt Collection Practices Act, 15 USC 1692g Sec. 809 ( B) that your claim is disputed and validation is requested.

This is NOT a request for "verification" or proof of my mailing address, but a request for VALIDATION made pursuant to the above named Title and Section. I respectfully request that your office provide me with competent evidence that I have any legal obligation to pay you.

Please provide me with the following:

  1. Provide copies of all documents or correspondences of what the money you say I owe is for;
  2. Explain and provide all documents or correspondence to show me how you calculated what you say I owe;
  3. Provide copies of all documents or correspondences that show I agreed to pay what you say I owe;
  4. Provide a verification or copy of any judgment if applicable;
  5. Identify the original creditor;
  6. Any and all copies of documents or correspondence from the Defendant to Plaintiffs
    predecessor in interest regarding the HSBC Bank Nevada, N.A. charge account
  7. Any and all copies of documents or correspondence from Plaintiffs predecessor in
    interest to the Defendant regarding the HSBC Bank Nevada, N.A. charge account
  8. Any and all copies of documents or correspondence from the Defendant to the
    Plaintiff regarding the HSBC Bank Nevada, N.A. charge account
  9. Any and all copies of documents or correspondence from the Plaintiff to the
    Defendant regarding the HSBC Bank Nevada, N.A. charge account
  10. Prove the Statute of Limitations has not expired on this account;
  11. Show me that you are licensed to collect in my state; and
  12. Provide me with your license numbers and Registered Agent.

If your offices have reported invalidated information to any of the three major Credit Bureau's (Equifax, Experian or TransUnion), said action might constitute fraud under both Federal and State Laws. Due to this fact, if any negative mark is found on any of my credit reports by your company or the company that you represent I will not hesitate in bringing legal action against you for the following:

  1. Violation of the Fair Credit Reporting Act
  2. Violation of the Fair Debt Collection Practices Act
  3. Defamation of Character

If your offices are able to provide the proper documentation as requested, I will require at least 30 days to investigate this information and during such time all collection activity must cease and desist.

Also during this validation period, if any action is taken which could be considered detrimental to any of my credit reports, I will consult with my legal counsel. This includes any information to a credit reporting repository that could be inaccurate or invalidated or verifying an account as accurate when in fact there is no provided proof that it is.

If your offices fail to respond to this validation request within 30 days from the date of your receipt, all references to this account must be deleted and completely removed from my credit file and a copy of such deletion request shall be sent to me immediately.

I would also like to request, in writing, that no telephone contact be made by your offices to my home or to my place of employment. If your offices attempt telephone communication with me, including but not limited to computer generated calls or correspondence sent to any third parties, it will be considered harassment and I will have no choice but to file suit. All future communications with me MUST be done in writing and sent to the address noted in this letter.

This is an attempt to correct your records, any information obtained shall be used for that purpose.

Best Regards,

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Do not pay them, they are a low down JDB, you can beat them. Myself and at least one other person have them after us now. When was the last time you paid on this account? What is the SOL for your state? Research arbitration, you may be able to still throw that and run them off for this amount. Research it, there is a lot about arb on this board. Fighting them will be similar to fighting Midland, also read the post regarding Midland and how to beat them.

 

If you received a summons, make sure that you answer it in time or they will get a default judgment against you. Again, don't give them a dime do not talk to them on the phone. Make sure all contact is via USPS and send it CMRRR. Good luck. By the way, the SOL is four years in Calif.

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I've been served by the Main Street Acquisition Corp who's predecessor in interest is HSBC Bank Nevada

 

Let's get one thing straight right from the beginning.   It's "I've been served by the Main Street Acquisition Corp who's the ALLEGED predecessor in interest to HSBC Bank Nevada."  

 

 

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Do not pay them, they are a low down JDB, you can beat them. Myself and at least one other person have them after us now. When was the last time you paid on this account? What is the SOL for your state? Research arbitration, you may be able to still throw that and run them off for this amount. Research it, there is a lot about arb on this board. Fighting them will be similar to fighting Midland, also read the post regarding Midland and how to beat them.

 

If you received a summons, make sure that you answer it in time or they will get a default judgment against you. Again, don't give them a dime do not talk to them on the phone. Make sure all contact is via USPS and send it CMRRR. Good luck. By the way, the SOL is four years in Calif.

 

The summons say the account went into fault in 2010. How do I answer the summons? I typed up a Request for Debt Validation Letter and went to the court, they wont accept it and said I HAD TO hire a lawyer and have the lawyer file proper legal docs. I don't want to hire a lawyer because it would just cost a lot. It seems that hiring a lawyer would cost more than paying it off.

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Here is the answer forms if the complaint is verified (it is sworn by the plaintiff or plaintiffs lawyer then you must use pl-d-010:

http://www.courts.ca.gov/documents/pldc010.pdf

 

You have 30 days from being served the complaint so look at the allegations and look at the answer posts for the responses.

 

You can use some affirmative defenses. so search for PLD-C-010 in the search bar and find the info.

 

that will give you time to make a decision. You will either have to fill out a fee waiver Form FW-001 or pay the fee $325.00 so you have to decide what to do.

 

It is good that you are among friends.

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You won't need a lawyer, you just need to be willing to fight and with everyones help here, you can probably beat them. Colt is real good at this, so is Seadragon who happens to be from Calif. as well. Follow their lead and read, read, dread. You can do this, just don't cave in. Their thing is fear. They try to scare you and make you think you won't win when you can. Spend several hours each day on here and you can learn to fight, as we all have. Remember, you have to be willing to fight without backing down.

 

There is information on here about how to answer a summons. If you still have a chance, consider arb. It's to late to do a DV now, now you must answer the summons within the time frame allowed.

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As Tom correctly advised, if you're willing to put in the time and work, beating these clowns can be done and without hiring a lawyer. 

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Look at the cardholder agreement and see if it specifies private arbitration for dispute resolution. If it does, file a motion to compel arbitration in lieu of an answer to the complaint. Arbitratration can cost them 5-10,000 and they have to pay for it. They won't. 99% of the time for an amount this small, they'll drop the case. They probably paid no more than $30 for your account.

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All great advice you’ve gotten here.  First and foremost you MUST answer the complaint PROPERLY or you will have a judgment against you which means they can attach your wages, take your property and sell it, etc.  It is VERY IMPORTANT that you first answer the complaint.

 

Seadragon gave you the link to the proper form.  99% of the time the complaint is NOT verified which means at the end, where the attorney signs it, it DOES NOT say “I declare under penalty of perjury under the laws of the state of California that the forgoing is true and correct.”  If it does say that at the end of the complaint above where the attorney signs his name, let us know because you’ll need to answer differently.  But for now, on the form Seadragon gave you, you simply need to put a check in box 3a and 6b.

 

If you have time to read up on, and understand, affirmative defenses, you could list them under box 4 but you really should know what you are listing before you list it.  For example you could list a SOL (Statute of Limitations) affirmative defense if the last payment on the alleged account was over 4 years ago.

 

But remember you must answer the complaint first before they get a default judgment against you.  Debt validation doesn’t mean much once you have been sued.

 

Anyone else please chime in if I've missed anything for now.

 

Good luck,

 

rt

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to reply to the summons with the form PLD-C-010 http://www.courts.ca.gov/documents/pldc010.pdf  do i check off COMPLAINT or CROSS-COMPLAINT ?

 

 

 

Here is the answer forms if the complaint is verified (it is sworn by the plaintiff or plaintiffs lawyer then you must use pl-d-010:

http://www.courts.ca.gov/documents/pldc010.pdf

 

You have 30 days from being served the complaint so look at the allegations and look at the answer posts for the responses.

 

You can use some affirmative defenses. so search for PLD-C-010 in the search bar and find the info.

 

that will give you time to make a decision. You will either have to fill out a fee waiver Form FW-001 or pay the fee $325.00 so you have to decide what to do.

 

It is good that you are among friends.

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All great advice you’ve gotten here.  First and foremost you MUST answer the complaint PROPERLY or you will have a judgment against you which means they can attach your wages, take your property and sell it, etc.  It is VERY IMPORTANT that you first answer the complaint.

 

Seadragon gave you the link to the proper form.  99% of the time the complaint is NOT verified which means at the end, where the attorney signs it, it DOES NOT say “I declare under penalty of perjury under the laws of the state of California that the forgoing is true and correct.”  If it does say that at the end of the complaint above where the attorney signs his name, let us know because you’ll need to answer differently.  But for now, on the form Seadragon gave you, you simply need to put a check in box 3a and 6b.

 

If you have time to read up on, and understand, affirmative defenses, you could list them under box 4 but you really should know what you are listing before you list it.  For example you could list a SOL (Statute of Limitations) affirmative defense if the last payment on the alleged account was over 4 years ago.

 

But remember you must answer the complaint first before they get a default judgment against you.  Debt validation doesn’t mean much once you have been sued.

 

Anyone else please chime in if I've missed anything for now.

 

Good luck,

 

rt

 

is 3a and 6b the only  things I need to fill out on the form, other than name and addresses. Do I need to give reasons? Or just simply check off those 2 boxes and its acceptable by the court?

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It is good that you are among friends.

Hello and Welcome,

 

Yes, I would follow seadragon's lead on this..then in addition to filing your answer..I would also recommend you send them a Request for a Bills of Particulars..oh and btw can you please post what you are being sued for. Does the summons says First Cause if Action: Open Book, Second Cause of Action: Account Stated etc...this way we can help assist you better and determine whether a Request For Bills of Particular (BOP) is appropriate for you.

 

You might want to read up on kobayashi's (???) thread. He fought and won against Main Street Acquisition...just to give you empowerment...

 

HTH

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THANKS EVERYONE FOR HELPING ME!

 

I  have  included what the summons says, but also I don't understand 4b1 and 4b2. What are the 1-5 and 6-10 mean? Also, #9 it says I was informed in writing, but i never got anything from Main Street or their lawyer. in 10.2 the date is 5/31/10, does the SOL start from that date or the date of the last payment made?

 

this is what is fillied out on the summons:

 

 

2 pages of COMPLAINT CONTRACT:

1. Plaintiff* (name or names): MAIN STREET ACQUISITION CORP alleges causes of action against defendant* (name or names): __me___

 

2. This pleading, includeding attachments and exhibits, consists of the following number of pages: 4

 

3. a. Each plaintiff named above is a competent adult

    [X] except plaintiff (name): MAIN STREET ACQUISITION CORP

    [X] other (specify): A CORPORATION OR LIMITED LIABILITY COMPANY

 

4. b. The true names of defendants sued as Does are unknown to plaintiff.

    (1) [X] Doe defendants (specify Doe numbers): ____1 - 5____ were the agents or employees of the named defendants and acted within the scope of that agency or employment.

    (2) [X] Doe defendants (specify Doe numbers): ____6 - 10____ are persons whose capacities are unknown to plaintiff

 

9. [X] Other allegations: For good and valuable consideration, the account which is the subject of this action was purchased by Plaintiff, who isnow the lawful owner and holder thereof.

            Prior to commencement of this action, the Defendant's were informed in writing that if an action were commenced, the Plaintiff may recover its court costs, where allowed by law, in addition to principal and interest otherwise owed.

 

10. Plaintiff prays for judgment for costs of suit; for such relief as is fair, just, and equitable, and for

     a. [X] damages of $ 1,261

     b. [X] interest on the damages

     (2) [X] at the rate of (specify): 10.000 perent per year from (date) 5/31/10

 

 

1 page of ___FIRST___ CAUSE OF ACTIION - Common Counts

ATTACHMENT TO [X] Complaint

CC-1. Plaintiff (name): MAIN STREET ACQUISITION CORP

          alleges that defendant (name): me

          became indebted to [X] other (name: predecessor in interest, HSBC BANK NEVADA NA

     a. [X] within the last four years

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

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

     b. [X] within the last  [X] four years

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

          [X] the sum of $ 1,261

CC4. [X] Other: Note: for the purposes of CC-1(a.) and CC-1 (b.), the term plaintiff refers to plaintiff's predecessor in interest, HSBC BANK NEVADA NA

 

1 page of VERIFICATION (a typed out letter by the plaintiff's lawyer)

I, lawyers name, declare:

I am an attorney at law duly admitted and licensed to practice before all courts of the State of California and I have my professional office at address, Sacramento County, California.

I am the attorney of record for Plaintiff in the above entitled matter.

Said Plaintiff is absent from the county in which I have my office and for that reason I am making this verication on their behalf.

I have read the foregoing documents and know the contents thereof.

Venue lies properly with this court because Defendant either risides in this judicial district at the time this action is commenced or the contract was in fact signed by the Defendant in this judicial district.

As to all other matters, I am informed and believe that the matters stated therein are true, and on that ground, I allege that the matters stated therein are true.

I declare under penalty of perjury of the laws of the State of California that the foregoing is true and correct.

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Here's an article on why you should defend yourself against JDB: http://digitalcommons.law.umaryland.edu/cgi/viewcontent.cgi?article=2206&context=fac_pubs

 

Here's the Bills of Particular template: https://docs.google.com/file/d/0B0lfU9YL5kEVcjNLQUx5MFRiZFE/edit They have 10 days + 5 days for mailing to respond to your request

 

You will need to send BOP with a Proof of service and have someone not a party to sign and send it for you. Make sure you send it cmrrr.

 

You will need to start a Binder and calendar of when you sent things and received things from them. Hold them to the dates...

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is 3a and 6b the only  things I need to fill out on the form, other than name and addresses. Do I need to give reasons? Or just simply check off those 2 boxes and its acceptable by the court?

 

I hope this helps you.  I am by no means an expert at this, I've just been/am going through it a few times and can only share what I've learned and done.  So, for what it's worth, here's the way I filled out the answer form.

 

Good luck,

 

rt

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I'm replying to the summons with form PLD-C-010.. should I also send a form SUM-110 summons cross-complaint?

 

 

 

everyone is saying to reply and beat them, is it better to pay the clerk fees of $200+ or reduce the $1,261 to a lower amount and pay off?

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I'm replying to the summons with form PLD-C-010.. should I also send a form SUM-110 summons cross-complaint?

 

 

 

everyone is saying to reply and beat them, is it better to pay the clerk fees of $200+ or reduce the $1,261 to a lower amount and pay off?

 

You can get that back after you destroy them or you can fill out a fee waiver Form FW-001.

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That is a decision only you can make.  To some it is all about money, they simply don’t have the extra money to spare and have no choice but to fight.  To others it is a matter of principal, these JDB are really disgusting bottom feeders and don’t deserve another dime from struggling, even not struggling people.  And then to some, it is both.

 

But again, that is a decision only you can make.

 

Regarding a counter claim, you need to actually have one before you can file.

 

Again, good luck,

 

rt

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We keep bringing up the subject of ARBITRATION! For what ever reason your missing out on it. You NEED to consider it as an OPTION as well. As it could make it all go away.  Regarding the fees for the court filing, you may qualify for a reduced or non cost hardship payment if you are broke.

 

AGAIN, look int to ARB.

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