allegro Posted February 28, 2013 Report Share Posted February 28, 2013 So the server just showed up at my door and handed me the lawsuit I have been waiting on. Ready to go, I hope these guys are ready for a fight. 1. Who is the named plaintiff in the suit? BH Financial2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Kenosian and Miele3. How much are you being sued for? $6,XXX.XX plus interest, plus attorney's fees, plus cost of suit, plus other such relief as is fair4. Who is the original creditor? (if not the Plaintiff) Citibank5. How do you know you are being sued? (You were served, right?) Summons delivered at door6. How were you served? (Mail, In person, Notice on door) Person7. Was the service legal as required by your state? yes8. What was your correspondence (if any) with the people suing you before you think you were being sued? A dunning letter back in July, sent a DV letter, they sent a copy of statements back, then an intent to sue 2 days later. 9. What state and county do you live in? California10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) Per the complaint, 11/200911. What is the SOL on the debt? 4 years12. What is the status of your case? Suit served? Motions filed? Case intake and summons13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) No and I probably should have because PMGI is reporting the debt. 14. Did you request debt validation before the suit was filed? Yes15. How long do you have to respond to the suit? (This should be in your paperwork). 30 days16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? The only thing is a verification from the President of BH Financial that all statements in the compliant are true and correct. And it is not signed. What do you think, just a general denial is enough? Link to comment Share on other sites More sharing options...
Rivertime Posted February 28, 2013 Report Share Posted February 28, 2013 General denial if the complaint is not verified, meaning at the end of the complaint it does NOT say "under penalty of perjury under the laws of the state of California... 95% of the complaints are NOT verified so again, a general denial should be just fine. What are the causes of action? Breach of contract" Account stated? What? Link to comment Share on other sites More sharing options...
allegro Posted February 28, 2013 Author Report Share Posted February 28, 2013 Breach of contract and common counts Link to comment Share on other sites More sharing options...
Rivertime Posted February 28, 2013 Report Share Posted February 28, 2013 Great! Send them off a BOP right away. BOP, Bill Of Particulars. You can even do this before you answer because they have only 10 days to respond. But be sure you get your answer off in time, you DON'T want a default judgment. Remember, send everything CMRRR, Certified Mail, Return Receipt Requested. Here's the code for the BOP, it's CCP § 454:It is not necessary for a party to set forth in a pleading the items of an account therein alleged, but he must deliver to the adverse party, within ten days after a demand thereof in writing, a copy of the account, or be precluded from giving evidence thereof. The court or judge thereof may order a further account when the one delivered is too general, or is defective in any particular. If the pleading is verified the account must be verified by the affidavit of the party to the effect that he believes it to be true; or if the facts are within the personal knowledge of the agent or attorney for the party, or the party is not within the county where the attorney has his office or from some cause unable to make the affidavit, by the affidavit of the agent or attorney. And here is a link to a sample BOP. You need to edit it as required fro your case. The text in bold and between the [ ] marks are the ares intended to be edited. Good Luck, rt Link to comment Share on other sites More sharing options...
skippy1960 Posted February 28, 2013 Report Share Posted February 28, 2013 Always good to do a little research on the players. You may have already found this. In discovery you may want to see if they will Admit to having "direct line into the courts we call the “Bat Phone” which enables us to obtain court ordered levies, liens & wage garnishments as easy as ordering a burrito at Taco Bell." (See from Advertisment via Google Below)About Kenosian and Miele, LLP Attorneys at Law Kenosian & Miele, LLP Attorneys at Law and partners PMGI, LLC (a full service collection agency) are here to help with all your bad debt needs.As a premier collection agency, PMGI, LLC will aggressively recapture monetary loss from bad debts on behalf of our clients with a 99.45% success rate regardless of court judgment. From Wall Street executives to small business owners, our “off the chart” ethical approach provides fast & aggressive results.Our experienced collection staff will secure assets such as bank accounts, real estate, boats & cars, stocks & bonds, & even restricted social security benefits under title 26 U.S.C. § 6334c which had previously been limited to the IRS. Right down to the last piece of jewelry, we will not be undersold.We have a direct line into the courts we call the “Bat Phone” which enables us to obtain court ordered levies, liens & wage garnishments as easy as ordering a burrito at Taco Bell. Our resources are exclusively directed at securing every conceivable asset with the speed & accuracy you’d expect.With sophisticated in house investigation techniques employing state of the art devices such as phone taps, card skimmers, replica black crow CCTV, & hidden audio bugs, finding valuable assets are quick & easy.Contact us today with a minimum of 12 delinquent accounts & we’ll make it a bakers dozen, & include a $25 coupon valid at the Long’s Drugs Pharmacy in Beverly Hills, CA. For details on this promotion, please contact John Paul Kenosian, Esq-80261This is an attempt to collect a debt. Any information obtained will be used for that purpose. Link to comment Share on other sites More sharing options...
allegro Posted February 28, 2013 Author Report Share Posted February 28, 2013 Great, sound like classy people! The paperwork is verified by the President of the company suing. Does that mean I need to take a different approach? Link to comment Share on other sites More sharing options...
Rivertime Posted February 28, 2013 Report Share Posted February 28, 2013 Great, sound like classy people! The paperwork is verified by the President of the company suing. Does that mean I need to take a different approach? What paperwork? Is the complaint verified? Leaving out personal info, why don't you post, word for word, the document the president of the company verified. That way we can all be clear, rt Link to comment Share on other sites More sharing options...
allegro Posted February 28, 2013 Author Report Share Posted February 28, 2013 After the complaints and the prayer, there is a form that says: Verification I am the president for the plaintiff...., a party to this action. I am informed and believe and on that ground allege that the matters stated in the foregoing document are true. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed under the laws of the State of California at Los Angeles, Ca on Dec 27, 2012. Then is says signed (although there is no signature) and his name. Link to comment Share on other sites More sharing options...
Rivertime Posted February 28, 2013 Report Share Posted February 28, 2013 After the complaints and the prayer, there is a form that says: Verification I am the president for the plaintiff...., a party to this action. I am informed and believe and on that ground allege that the matters stated in the foregoing document are true. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed under the laws of the State of California at Los Angeles, Ca on Dec 27, 2012. Then is says signed (although there is no signature) and his name. This is above my paygrade, maybe Calawyer will chime in here. I don't know if that unsigned form means it's verified or not and I would hate to point you in the wrong direction. rt Link to comment Share on other sites More sharing options...
allegro Posted February 28, 2013 Author Report Share Posted February 28, 2013 Thanks RT! Hopefully someone else will help with their two cents on the best way to go after this? Link to comment Share on other sites More sharing options...
eyoung27 Posted July 9, 2013 Report Share Posted July 9, 2013 @allegro Hello. I'm wondering what happend with your case? Did you end up going with general denial or did you take a different route? Where do things stand now? I am wondering beacuse I have just received a summons from Kenosian and Miele (attorney) on behalf of Unifund CCR (JDB) for a Citibank account (original creditor). The summons is almost exactly the same as yours. First Cause of Action: Breach on Contract, Second Cause of Action: Common Counts, followed by Prayer, followed by Verification. My verification reads (differences are underlined): I am the attorney for the plaintiff...., a party to this action. Such party is absent from the County of Los Angeles where attourneys have their offices, and I make this verification for and on behalf of that party for that reason. I am informed and believe and on that ground allege that the matters stated in the foregoing document are true. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed under the laws of the State of California at Los Angeles, CA on May 15, 2013. Then is says signature (but it's not signed) and his name. ...I received the summons yesterday and would love advice as to the best course of action. It'd be nice to take these guys down. Thank you! Link to comment Share on other sites More sharing options...
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