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Unifund Lawsuit


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I want to start by saying sorry for the format of this post. I didn't type it like that and when I try to edit it, I get an error message. If anyone knows what the deal is, please let me know how to fix it.

1. Who is the named plaintiff in the suit?

Unifund CCR, LLC

2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.)

Law Offices of Kenosian & Miele

3. How much are you being sued for?

$4000.00, interest according to proof, attorney's fees according to proof, cost of suit, for such other relief as is fair, just and equitable.

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

Citibank

5. How do you know you are being sued? (You were served, right?)

Papers left on door step.

6. How were you served? (Mail, In person, Notice on door)

Papers left on door step.

7. Was the service legal as required by your state?

Not sure. I don't think so,

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?

Yes

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)

It is within sol

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

4 years

Statute of Limitations on Debts

12. What is the status of your case? Suit served? Motions filed? You can find this by a) calling the court or looking it up online (many states have this information posted - when you find the online court site, search by case number or your name).

Suit served, answer filed, mandatory debt conference coming up very shortly. Just received a Deposition Subpoena for Production of Business Records and Requests for Admission.

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? Note: if you haven't sent a debt validation request, don't bother doing this now - it's too late.

No

15. How long do you have to respond to the suit? (This should be in your paperwork). If you don't respond to the lawsuit notice you will lose automatically. In 99% of the cases, they will require you to answer the summons, and each point they are claiming. We need to know what the "charges" are. Please post what they are claiming. Did you receive an interrogatory (questionnaire) regarding the lawsuit?

30 days, Breach of Contract and Common Counts, no questionnaire included.

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? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits.

No evidence was included with the summons.

I thought that I might have legal representation and let some time pass. I don't know what my next step is. Do I file for a BOP, Discovery? How do I respond to Subpoena for Business Records and Requests for Admission? also, what can I expect from the debt settlement conference? Any advice is greatly appreciated. Thank you!

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Yes I believe in Cali the first step would be to request a BOP. You can find some great examples around here on how to answer the admissions and document requests. I think there are some examples in one of the pinned threads above. I can't say about the debt conference management, I'm not in Cali. I would suggest you google and find California's codes for civil procedure, you will find what you can and can't do. I'm sure others will be along soon.

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Have you answered the summons?  You must do that or plaintiff will be awarded a default judgment against you and you do not want that.

 

If you complaint is not verified, meaning where the attorney signed it at the end of the complaint it DOES NOT say “I declare under the penalty of perjury under the laws of the state of California that the forgoing is true and correct” above their signature, you can use a general denial to answer and the form can be found here.  Your best bet would be to answer within 30 days of the time you were served.  You can get additional days depending upon how you were served but since you are not sure, just answer within 30 days to be safe.

 

Also, since you are being sued for Breach of Contract, you can serve them a BOP (Bill of Particulars).  A good example of one is located here.  You can download and edit for you case as needed.  The areas between the [ ] are the parts you may want to edit.

 

Welcome to the board.  You have a great deal of work to do if you want to beat these guys but the good news is they are very beatable and there is a lot of great help here if you are willing to do the work.

 

Also, you should read ASTMedics thread located here where he outlines in detail how he gave midland a schoolin.

 

Good luck,

 

rt

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Thank you for replying.

I have answered the summons. I used form PLD-C-010, I hope that is okay. There is a verification page, but it is not signed. I denied everything and made no affirmative defenses. I will file the BOP tomorrow. In the meantime, can anyone tell me how to respond to the Deposition Subpoena For Production of Business Records and the Request For Admission-Truth of Facts? Also what can I expect from the Mandatory Debt Settlement Conference? Also, does everything I file have to be served or can I now just mail directly to the attorneys? They mailed the the last batch of paperwork to me.

Thanks for the links, Rivertime. Bruno, I will look into JAMS.

Thank you again. This forum is invaluable!

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  • 4 weeks later...

I've been reading a lot of posts here and my head is spinning. A few question that I have:

I received a Subpoena of business records for OC. Unfortunately, I had some family issues and missed my chance to motion to quash. Am screwed because of this? Also, do have to supply these records also? What are the chances that Citibank still has these records?

About Admissions: Can I really deny that I had said account? Wouldn't that be lying? Wouldn't that look bad to the judge?

Also, I sent a BOP and only got back was copies of one year's worth of statements?

Lastly, why can't I make spaces between paragraphs? I am unable to edit. Thank you.

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These are tricky and I don't want slip up.

1. Admit that you applied for a credit card from OC now bearing the #xxxx

2. Admit that you received a credit card from OC now bearing the #xxxx

3. Admit that you made payments on credit card now bearing #xxxx within the last four years.

4. Admit that you became delinquent in payments due on account now bearing #xxxx.

5. Admit that you left a balance due and owing on OC credit card now bearing #xxxx

6.Admit that you received statements regarding OC credit card now bearing #xxxx

7. Admit that the balance due and owed by you on OC credit card now bearing # xxxx as of (date) was $xxxx.xx.

8 Admit that at all relevant times, Plaintiff has had and now has all rights, title, interest and sole ownership to OC creditcard now bearing #xxxxAny help is much appreciated. Thank you

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