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Hello all:) i need help with this:(

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how can i reply? can i deny the claim? please help, thank you!

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Unifund CCR, LLC, a limited Liab. Co.

VS

(me)

1. plantiff is a LLC.

2, each named defendant is a natural person.

3. the true names and capacities of defendants sued as

DOES 1 to 5 are unknown to plantiff. each fictiously named defendant is some way

responsible for the occurances alleged here and proxomately caused plantiffs damages.

4. each named and DOE defendant was acting as the agent or employee of the other defendats.

5. this is a proper court under C.C.P. sections 395a & 395b because a defendants resides in this district. this action is not subject to C.C. 1801 et seq.

6. before filing this lawsuit, plantiff purchaised all rights , title and interest in the obligation upon which this suit is brought and is the sole owner of the account.

7. the above statments apply to the following causes of action.

First Cause of action - Breach of contract

8. on or about 06-10-08 , CITYBANK, NA and defendfat entered into an agreement for the issuance of a credit card which defendant requested, a credit card now bearing account number ending xxxxxxxxxxxxx7890 was issued to defendant. this cc account granted defendants credit privileges in purchaising goods and services and or receiving chash advances.

9. defendant accepted the written card holder by using the credit card, paymetn for the charges incurred was to be made in accordance with monthly billing statements sent to defendant.

10 on or about 10-29-09 defendant breached the card holder agreement by failing to make monthly minimum payment due.

11. plantiff and the original have performed all of their obligations to defendant except those oblogations plantiff or the original creditor were prevented or excused from performing.

12 plantiff suffered damages legally and proximmately caused by breach of the card holder agreement by defendant by that defendants left due owing the sum of 5003.31 with interest thereon. although demend has been made the amount prayed is due owing and unpaid.

13. pursuant to agreement or statue, plantiff seeks reasonable attorney fees according to proof.

SECON CAUSE OF ACTION - COMMON COUNTS.

14. Defendants and each of them became indepted to the original creditor, CITIBANK, NA within the last four years:

a. on an open book account for money due and

b. because an account was stated by and between the original creditor and defendant in which it was agreed that defendant were indept to the original creditor.

15. plantiff also alleges that each defendant became indept to CITIBANK, NA, within the past four years:

a. for money lent by the original creditor to defendant at defendants request, and

b. for manory paid, laid out and expended to or for defendant at defendants special instance and rquest for the defendants use and benefit.

16. the sum of $5003.31 is due and unpaid despait plantiffs demend, plus prejudgment interest to proof.

PRAYER

wherefore, as to all causes of action, plantiff prays for judgment as follows:

a. Damages of $5003.31

b. interest from and after 04-08-10 according to proof;

c. attornays fees according to proof;

d. costs of suit; and

e. for such other relief as is fair, just and equitable.

feb.2013

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verification is attached as well.

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Your credit agreement has an arbitration provision with jams.

Read over the things that have been posted to give you an idea of how to fight back.

http://www.creditinfocenter.com/community/topic/314030-the-strategy-and-steps-of-arbitration/

http://www.consumerfinance.gov/credit-cards/agreements/search/?q=citibank

http://www.jamsadr.com/rules-download-rules/

 

Agreement to Arbitrate:

Either you or we may, without the

other’s consent, elect mandatory, binding arbitration for any

claim, dispute, or controversy between you and us (called

“Claims”).

Claims Covered

What Claims are subject to arbitration?

 

How does a party initiate arbitration?

 

 

The party filing an

arbitration must choose one of the following two arbitration

firms and follow its rules and procedures for initiating and

pursuing an arbitration: American Arbitration Association or

JAMS. Any arbitration hearing that you attend will be held

at a place chosen by the arbitration firm in the same city as

the U.S. District Court closest to your then current billing

address, or at some other place to which you and we agree in

writing. You may obtain copies of the current rules of each of

the arbitration firms and forms and instructions for initiating

an arbitration by contacting them as follows:

American Arbitration Association

800-778-7879 (toll-free)

Website: www.adr.org

JAMS

800-352-5267 (toll-free)

Website: www.jamsadr.com

At any time you or we may ask an appropriate court to

compel arbitration of Claims, or to stay the litigation of

Claims pending arbitration, even if such Claims are part of a

lawsuit, unless a trial has begun or a final judgment has been

entered.

 

Who pays?

 

 

Whoever files the arbitration pays the initial filing

fee. If we file, we pay; if you file, you pay, unless you get a

fee waiver under the applicable rules of the arbitration firm.

If you have paid the initial filing fee and you prevail, we will

reimburse you for that fee. If there is a hearing, we will pay

any fees of the arbitrator and arbitration firm for the first day

of that hearing. All other fees will be allocated as provided by

the rules of the arbitration firm and applicable law. However,

we will advance or reimburse your fees if the arbitration firm

or arbitrator determines there is good reason for requiring

us to do so, or if you ask us and we determine there is

good reason for doing so. Each party will bear the expense

of that party’s attorneys, experts, and witnesses, and other

expenses, regardless of which party prevails, but a party

may recover any or all expenses from another party if the

arbitrator, applying applicable law, so determines.

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For the breach of contract and common counts I would use a bill of particulars.

The "bill of particulars," itemizing the specifics of the account, must be delivered to the defendant within 10 days after service of the demand. [Ca Civ Pro Sec. 454]

If the original complaint was verified, the bill of particulars must also be verified. [Ca Civ Pro Sec. 454]
 This is how you make an answer verified
I, [your full name], am the Defendant in the aforementioned action. I have read the foregoing bill of particulars sent to plaintiff unifund ccr's law office and know the contents thereof.
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
Has Printed Name
Here Signed Name         

 

 

Unifund CCR, LLC
Plaintiff,
vs.

MY NAME HERE
Defendant.

Case No. XXXXXXXX

DEMAND FOR BILL OF PARTICULARS
PROPOUNDED BY DEFENDANT MY NAME TO Unifund CCR, LLC
 

To PLAINTIFF Unifund CCR,LLC, and their attorneys of record herein:
 

DEMAND IS HEREBY MADE UPON YOU Unified CCR LLC, pursuant to California Code of Civil Procedure section 454, to furnish to Defendant (MY NAME), within 10 days, Bill of Particulars setting forth all items and details of the account on which the causes of action for Breach of Contract and Common Counts:Open Book, Money Lent, or Money Paid which plaintiff’s complaint are based, including the date of each transaction, a description of the services, materials or goods supplied or other considerations rendered, the price or charge made for each item, and all payments or credits that have been made to the account. Please also provide a copy of any contract between defendant and CITIBANK NA, relating to the account in question and a copy of any agreement assigning the account at issue to the plaintiff Unified CCR,LLC. 

 

I, [your full name], am the Defendant in the aforementioned action. I have read the foregoing bill of particulars sent to plaintiff Unifund CCR's law office and know the contents thereof.
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
 

Dated:4/05/2013
 

Here Printed Name
Here Signed Name

 

BOP is NOT sent to the court.

BOP is sent with a PROOF OF SERVICE directly to the LAWYERS OFFICE .

www.courts.ca.gov/documents/pos030.pdf

http://www.courts.ca.gov/cms/rules/index.cfm?title=three&linkid=rule3_250

http://www.leginfo.ca.gov/.html/ccp_table_of_contents.html

http://www.lafla.org/service.php?sect=consumer⊂=main

 

Sample meet and confer letter if needed if they dont respond to your BOP.

 

On April 5, 2013, Defendant sent to Plaintiff a request for Bill of Particulars pursuant to California Code of Procedure Section 454. Per CCP 454, the recipient has 10 days to respond to such request. On Whatever the date is, Defendant received Plaintiff's response which was (how many days) past due the 10 days to respond, in addition,Plaintiffs response is totally inadequate as it did not comply with the requirements of CCP 454."
Defendant is giving Plaintiff an additional 5 days to comply with the Bill of Particulars. If for some reason, Plaintiff feels exempt from such requests, please submit your written response. If no response is received within 5 days,I will file a motion with the Court seeking an Order to compel a response, or in the alternative, preclude such evidence from trial.         

 

 

 

 

 

 

 



 

 

 

 



 

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If you don't feel comfortable using any of the above suggestions.

Then answer plaintiffs complaint the old school way and use conventional discovery methods to the plaintiff to seek information you need to prove your case.

http://california-discovery-law.com/

 

You can answer plaintiffs verified complaint something like this. 

Verified Allegation:1.Defendant denies all allegations set forth in paragraph 1 of Plaintiff’s Verified Complaint based on lack of information and belief.

Verified Allegation:2,3,4,5.Defendant denies on information and belief each and every allegation of paragraphs 2,3,4,5, of the complaint.

Verified Allegation:6,7,8,9.Defendant does not have sufficient information or belief to enable him to answer the allegations of paragraphs 6,7,8,9 and generally and specifically deny each and every allegation contained therein on that ground.

 

www.courts.ca.gov/documents/pos030.pdf

 

good luck hope this helps you make a choice on how to defend against the junk debt buyer.

 

 


 

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