vos 1 Posted March 6, 2013 Report Share Posted March 6, 2013 Hello, I am being sued by Resurgence Legal Group. I answered the summons within the 30 days timeframe. I denied all allegations and requested for debt validation with the following information: A copy of the original application with my signature for the alleged debtHow much was the debt purchased for?Provide a fully itemized statement for the amount you are asking which clearly details how this amount over the amount that was paid for this debt was calculated, including the interest rate being charged. Confirm that this fate falls within state usury limits. They responded with: Below is an explanation of this account. Our clients records indicate that the account was a Wellsfarro back with an account number of....The account was opened on or about...and was charged off on....The last payment on the account was made on about...At the time of charge off, you account carried a balance of...the account now carried a total balance due of... The debt was purchased by Resurgence Capital...The last known address as to where builling statements had been sent, in addition to the social security number under which the account opened. To verify, the last four digits of you social security number are... Address of original creditor is Wellsfargo... This response does not answers the questions that I answered with. I sent a follow up letter asking for the information that I originally requested. And is still waiting for a response. However, they sent me Form Interrogatories, Plaintiffs first set of requests for admission propounded on defendant and a wellsfargo card agreement (that you can print from their website). 1st question: Do I have to answer his form interrogatories, and admissions requests.2: How do I beat this case? I have an idea that my mother opened this card since we have the exact same name and she knows my social and she has opened accounts in the past under my name.3. What do I ask for in the case management conference? I appear for case management conference tomorrow and I want them to validate debt to show that it wasnt me. 1 Quote Link to post Share on other sites
Coltfan1972 518 Posted March 6, 2013 Report Share Posted March 6, 2013 They more than validated the debt, change your strategy quickly or you will lose. Yes you have to answer their interrogatories and admission requests. You also need to send your own. I'd go to the conference tomorrow and tell them you are looking for an attorney and don't feel comfortable saying anything. Then come back and get caught up on the law and fight this yourself or retain a lawyer. These guys can be beat very, very easily but you need to do some homework and catching up to speed real quick. Lose the term debt validation from your vocabulary. You've been sued, debt validation is over and again they more than validated. I can't believe they even answered all those questions they were not required to answer. Good luck, you can do this. 1 Quote Link to post Share on other sites
Public Enemy 57 Posted March 6, 2013 Report Share Posted March 6, 2013 There are some good start-to-finish threads by CA members on here that will help you out. I believe ASTMedic had a good one and keep an eye out for post by Seadragon and calawyer who are very knowledgeable about CA law. Quote Link to post Share on other sites
vos 1 Posted March 6, 2013 Author Report Share Posted March 6, 2013 They more than validated the debt, change your strategy quickly or you will lose. Yes you have to answer their interrogatories and admission requests. You also need to send your own. I'd go to the conference tomorrow and tell them you are looking for an attorney and don't feel comfortable saying anything. Then come back and get caught up on the law and fight this yourself or retain a lawyer. These guys can be beat very, very easily but you need to do some homework and catching up to speed real quick. Lose the term debt validation from your vocabulary. You've been sued, debt validation is over and again they more than validated. I can't believe they even answered all those questions they were not required to answer. Good luck, you can do this.THANK YOU FOR REPLYING! So, the letter that they sent back is sufficient enough for a debt validation letter? Also, when I answer there interrogations- do I have to tell them where I work and all the information they are requesting? Also, what if they dont show tomorrow to the case management conference? Quote Link to post Share on other sites
Coltfan1972 518 Posted March 6, 2013 Report Share Posted March 6, 2013 Yeah they met the legal requirement for validation, but that is a far cry from what they would have to provide to win in court. Why don't you post their discovery to you, but no you don't have to tell them where you work at this stage. That is irrelevant. CALAWYER would be the guy to ask about if they "no show" obviously it will be good for you, but I'm not sure how good. Quote Link to post Share on other sites
racecar 556 Posted March 6, 2013 Report Share Posted March 6, 2013 "I have an idea that my mother opened this card since we have the exact same name and she knows my social and she has opened accounts in the past under my name."www.ftc.gov/bcp/edu/resources/forms/affidavit.pdf fill this out make a police reportIf this is not your account and you were the victim of identity theft,fill out the form and bring it to court.You do not have to implicate your mother(you dont know for sure it was).Tell the court you were the victim of identity theft and this is not your account.https://docs.google.com/viewer?a=v&q=cache:PkhScw-cebcJ:www.idtheftcenter.org/artman2/uploads/1/California3.pdf+&hl=en&gl=us&pid=bl&srcid=ADGEEShN6tSed-iYSo1_zxWkkVGB7WktlKtNxbFeyyEuEOPAe1QwpVLo6n6i-wfo9dAYmy6pLw4kDzSqJhnSGodk8zKXET4Z8mcmz4NFJIFREWtd944j1EiWf9dZ2O6KeYLckywrsD8w&sig=AHIEtbR4V9vHVihvrgh2qHOXAqZVY9m_3w Victim Assistance:Mandatory Police Reports: A person who has learned or reasonably suspects that his or herpersonal identifying information has been unlawfully used by another may initiate a lawenforcement investigation by contacting the local law enforcement agency that has jurisdictionover his or her actual residence or place of business, which is required to take a police report ofthe matter, provide the complainant with a copy of that report, and begin an investigation of thefacts. If the suspected crime was committed in a different jurisdiction, the local law enforcementagency may refer the matter to the law enforcement agency where the suspected crime wascommitted for further investigation of the facts. 1 Quote Link to post Share on other sites
Meanjean 3 Posted March 27, 2013 Report Share Posted March 27, 2013 I live in LA as well, and can give you my pro-bono atty and you can see if he'll take your case. Quote Link to post Share on other sites
vos 1 Posted May 2, 2014 Author Report Share Posted May 2, 2014 I live in LA as well, and can give you my pro-bono atty and you can see if he'll take your case.Hello Meanjean, Would you be able to give me his information please? Quote Link to post Share on other sites
