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GCFS INC., vs Pro-Se Need Help to Prepare for Trial Fast.


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1. Who is the named plaintiff in the suit?  


2. What is the name of the law firm handling the suit?

 


3. How much are you being sued for?

X,XXX.XX plus 24%  attorney fees a total of $XX,XXX.XX a total of $16,000

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

 

OC, sold to JDB, and Transfer to 2JDB Inc.
 

5. How do you know you are being sued? not properly served.

6. How were you served? drop sumons andcomplain on the mailbox no envelope or stamp.

 

Papers on mailbox, no envelope or stamp.

7. Was the service legal as required by your state? No.  the best reason to vacate a judgment would be improper service

 

CA

1. In lieu of personal delivery of a copy of the summons and of the complaint to the person to be served as specified in Section 416.10, 416.20, 416. 30, 416.40, or 416.50, a summons may be served by leaving a copy of the summons and of the complaint during usual office hours in his or her office with the person who is apparently in charge thereof, and by thereafter mailing a copy of the summons and of the complaint (by first-class mail, postage prepaid) to the person to be served at the place where a copy of the summons and of the complaint were left. Service of a summons in this manner is deemed complete on the 10th day after such mailing.

2. If a copy of the summons and complaint cannot with reasonable diligence be personally delivered to the person to be served as specified in Section 416.60, 416.70, 416.80, or 416.90, a summons may be served by leaving a copy of the summons and of the complaint at such person's dwelling house, usual place of abode, usual place of business, or usual mailing address other than a United States Postal Service post office box, in the presence of a competent member of the household or a person apparently in charge of his or her office, place of business, or usual mailing address other than a United States Postal Service post office box, at least 18 years of age, who shall be informed of the contents thereof, and by thereafter mailing a copy of the summons and of the complaint (by first-class mail, postage prepaid) to the person to be served at the place where a copy of the summons and of the complaint were left. Service of a summons in this manner is deemed complete on the 10th day after the mailing. (Amended by Stats. 1989, Ch. 1416, Sec. 15.)

 

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 Process Service Requirements by State - Summons Complaint
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? 

 

 California

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

 

there copy of electronic  statements says , 09

11. What is the SOL on the debt? To find out:

 

4 years   Open-ended Accounts 337a

Statute of Limitations on Debts

12. What is the status of your case? Pending   Suit serve.

Motions filed?  YES

 

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? Respond with General Denied

 

 Did you receive an interrogatory (questionnaire) regarding the lawsuit?  YES

Here is an example of what the summons/complaint may look like: Sued by a Debt Collector - Learn How to Fight Debt Lawsuits

16. What evidence did they send with the summons? Summons, Civil Case Cover Sheet, Complaint –

 Contract, Cause of Action – Common Counts, Cause of Action – Breach of Contract, Declaration Pursuant to CCP395 ( B) Venue for Personal Family or Household Obligations, Notice of Case Assigment, Alternative DR Information.  
 

17. Read this article:
Sued by a Debt Collector - Learn How to Fight Debt Lawsuits

====================================================
Status Right Now:

 

Complaint Demanding Less than $10,000 filed by Plantiff.\nRefers to: Defendant

Civil Case Cover Sheet filed by Plantiff.\nRefers to: Defendant

Original Summons filed by Plantiff.\nRefers to: Defendant

Summons issued.

Case assigned to Department

Case initiation form printed.

 

Certificate of Service filed by Plaintiff.

Proof of Service of 30-day Summons & Complaint - Personal filed by Plaintiff.\nRefers to: Defendant

Case reassigned from C-XX to  Judge  effective 0X/XX/XXXX

Motion to Quash (Civil) scheduled for 0X/XX/XXXX at XX:00:00 AM at Central in X-XX

Request to Waive Court Fees filed by Defendant

Motion to Quash Service of Summons filed by Defendant.

Proof of Service submitted by Defendant rejected on XX/XX/20XX.

Notice of Hearing About Court Fees filed by Defendant.

Fee Waiver Hearing (Civil) scheduled for 0X/0X/20XX at 0X:X0:00 PM at Central in C-XX.

Notice of Hearing SD generated.

Opposition to Noticed Motion and Supporting Declarations filed by Plaintff.

Declaration - Other filed by Defendant.

Tentative Ruling for Motion to Quash (Civil) published.               

Proof of Service filed by Defendant.

Matter taken under submission.

Minutes finalized for Motion to Quash (Civil) heard 0X/XX/20XX XX:00:00 AM.

Minutes finalized for Fee Waiver Hearing (Civil) heard 0/0/20XX

Order on Court Fee Waiver After Hearing filed by Defendant

Matter decided.

Miscellaneous Minute Order Finalized.

Clerk's Certificate of Service By Mail (Minutes Only) SD generated.

** DEFAULT COURT JUDGMENT RECEIVED **

General Denial filed by Defendant

Proof of Service by Mail (Proof of service Denial filed by defendant) filed by Defendant

Civil Case Management Conference scheduled 

The Civil Case Management Conference was rescheduled 

Civil Case Management Conference scheduled  .

Case Management Statement filed by Plaintiff.

Case Management Statement filed by Defendant

Due to case reassignment, any and all dates currently set in this case have been vacated.              

Case reassigned from Old Judge to New Judge

Civil Case Management Conference scheduled  .

Discovery Hearing scheduled for 0X/XX/20XX

Motion to Deem Facts Admitted filed by Plaintiff.

Judgment by Default by Court (DEFAULT JUDGMENT PACKET) submitted by Plaintiff rejected on XX/XX/20XX.\nRefers to: Defendant

Case Management Statement filed by Plaintiff.

Civil Court Trial scheduled for 0X/XX/20XX at 0X:00PM before Judge

Minutes finalized for Civil Case Management Conference heard 0X/0X/20XX X0:00:00 AM.

Notice of Hearing SD generated.

Opposition - Other (MOTION FOR FACTS AND DOCUMENTS DEEMED ADMITTED) filed by Defendant.

Case Management Statement filed by Defendant.

Notice - Other (of trial) filed by Plaintiff.

Notice - Other (NOTICE OF INTENT TO CALL AS WITNESS) filed by Plaintiff.

Notice - Other (NOTICE TO COMPEL ATTENDANCE BEFORE COURT AND BRINGING OF BOOKS, DOCUMENTS OR OTHER THINGS) filed by Plaintiff.

Declaration - Other (OF CUSTODIAN OF RECORDS PURSUANT TO CCP SECTION 98) filed by Plaintiff.

Declaration - Other (OF ACCRUED INTEREST PURSUANT TO CC 3287(a)) filed by Plaintiff.

Declaration - Other (IN SUPPORT OF PLAINTIFF'S EXEMPTION FROM USURY LIMITATIONS) filed by Plaintiff.

Declaration - Other (DECLARATION FOR COSTS) filed by Plaintiff.

Declaration - Other (IN SUPPORT OF ATTORNEY FEES) filed by Plaintiff.

Declaration - Other (OF : ATTORNEY UNAVAILABILITY) filed by Plaintiff.

Memorandum of Costs (Summary) filed by Plaintiff.

Proof of Service by Mail filed by Plaintiff.

 

I already Filed a 2nd BOP, meet and confer,Disc-015, sub-001. Plaintiff did not send me c96 before the 45 of trial  4-15 and i send my on 3-25 the trial date is 4-19. i am still waiting for the response of BOP, subpoena POS.  

 

need help in the next step; how to respond to their disc-015 still pending 20-days to respond and all the statements they send me, plus what is that i need to request from them?

 

1. NOTICE TO INTENT TO CALL AS WITNESS

2. NOTICE TO COMPEL ATTENDANCE CCP 1987( B)

3. NOTICE OF INTENT TO PRESENT DECLARATION OF CUSTODIAN OF RECORDS

 

a) DECLARATION OF ACCRUED INTEREST

B) DECLARATION IN SUPPORT OF ATTORNEY FEES AS EVIDENCE

c) DECLARATION OF CUSTODIAN OF RECORDS CCP98

d) DECLARATION OF ACCRUED INTERES CC3287 (a)

e) DECLARATION OF SUPPORT OF ATTORNEY FEES

i)  DECLARATION OF Brighton Husing-Kline ATTORNEY UNAVAILABILITY

 

MEMORANDUM OF COSTS (SUMMARY) AND (WORKSHEET)

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You failed to put a rounded off amount of what the debt is about. If you want help, we need that in order to advise you to either fight or go with Arb. I suggest you edit that post and put a round figure in it.

  

24% charge off and 10% untill date of trial

 attorney fees and  cost of suit

$1X,000

 

did not know how to edit the post, i put like that for security purpose.

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