tastycake

Served summons from H&H - info inside - assistance please?

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1. Who is the named plaintiff in the suit?

 
PORTFOLIO RECOVERY ASSOCIATES, LLC

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

HUNT & HENRIQUES, Attorneys at Law

3. How much are you being sued for?

$1x,xxx (LIMITED CIVIL CASE, exceeds 10,000 but does not exceed $25,000)

4. Who is the original creditor? (if not the Plaintiff)
 
WELLS FARGO BANK, N.A.

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

SERVED.

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

IN PERSON (FAMILY MEMBER).

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

AS FAR AS I CAN TELL, YES.

8. What was your correspondence (if any) with the people suing you before you think you were being sued?

NO MUTUAL CORRESPONDENCE OTHER THAN ANSWERING A PHONE CALL A NUMBER OF WEEKS PRIOR TO BEING SERVED.
PROBABLY LETTERS (NON-REGISTERED MAIL) SOME TIME LAST YEAR, UNSURE (BUT LOOKING)

9. What state and county do you live in?

CALIFORNIA, LOS ANGELES.

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

EARLY 2010.  SERVED EARLY APRIL, 2013.

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

4 YEARS.

12. What is the status of your case? Suit served? Motions filed? 

LATE MARCH 2013 OSC SET (REDACTED) NOTICE FILED & MAILED

MID MARCH 2013 COMPLAINT FILED - COLLECTION CASE

MID MARCH 2013 SUMMONS FILED

MID MARCH 2013 NOTICE OF CASE ASSIGNMENT FILED AND COPY GIVEN TO PLAINTIFF

 

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.

UNFORTUNATELY, NO.

15. How long do you have to respond to the suit?
 
30 DAYS FROM BEING SERVED (EARLY MARCH)

16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits.
 
NO EXHIBITS, ETC. JUST CASE ASSIGNMENT, STATEMENT OF LOCATION ADDENDUM, ETC - APPEAR TO BE STANDARD CASE FILING ITEMS.

 

-----------------------------------------------------

 

 

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Have been lurking the forums for a bit, once I got wind they were going to serve - figured as much after the phone call mentioned above.  I have a general idea of what I need to do next, but since information and situations can change so quickly, I figured it'd be best to start my own thread and maybe garner a little more specific info regarding dealing with H&H/PRA before taking the bull by the horns   XFryingPanX

 

Any and all help is GREATLY appreciated!

 

I should also mention that I've been receiving calls daily, seven days a week, usually in the morning (8-9am) and then again in the evening (7-9pm) that I'm not answering (they're "Unknown" numbers which I never answer in general). No voicemail of any kind is ever left.  I'm wondering if these are follow up "we filed, do you want to set up payment" threat calls from H&H - anyone have any experience with that happening?

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did you answer the lawsuit? You usually only get 30 days to answer, sometimes 20 depending on the court. I hope you did.

CA lawyer or others from ca will be along, but you can start by requesting the Bill Of Particulars.  And what is their claim?  Account stated or breech of contract?

when you send the request for the BOP tell them all contact needs to be maid by certified mail.  That will stop the phone calls, if they don't then they will be violating the FDPCA, and you can sue them for each violation.

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I have not answered the lawsuit, but am preparing to do so as I type this.  I'm not 100% sure how to specifically reply to the allegations (I'm looking mainly at the info on the page http://www.creditinfocenter.com/legal/ive-been-sued.shtml ).

 

There is a "First CAUSE OF ACTION - Common Counts" in the papers, form PLD-C-001(2) that I think is what I specifically need to reply to.  Is that correct?  It has 4 lines (CC-1 through CC-4) where it lists the amount, etc.  It also lists PRC as the Plaintiff, who alleges that the defendant became indebted to "other: PLAINTIFF'S PREDECESSOR, WELLS FARGO BANK, N.A., who sold the account to Plaintiff."

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yes, type it out so we can tell you how to answer. when were you served? you say mid march, it is past mid April.  Hopefully you are not outside your answer window.

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yes, type it out so we can tell you how to answer. when were you served? you say mid march, it is past mid April.  Hopefully you are not outside your answer window.

 

The date I was served (not personally, it was someone who lives with me) was early April.  I have a mailed copy of the same that is postmarked approximately 10 days ago.

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Here's what's on PLD-C-001(2).  I omitted some of the lines that weren't checked off, for brevity.

 

First CAUSE OF ACTION - Common Counts

ATTACHMENT TO [X] Complaint

CC-1. Plaintiff: PORTFOLIO RECOVERY ASSOCIATES, LLC

alleges that defandant (name, my name)

became indebted to [X] other (name): PLAINTIFF'S PREDECESSOR, WELLS FARGO BANK, N.A., who sold the account to Plaintiff.

a.[x]within the last four years

   [x] on an open book account for money due.

   [x] because an account was stated in writing by and between plaintiff and defendant in which it was agreed that defendant was indebted to plaintiff.

b.[x] within the last [x] four years

    (3) [x] for goods, wares, and merchandise sold and delivered to defendant and for which defendant promised to repay plaintiff.

          [x] the sum of $ $1x,xxx.xx

    (4) [x] for money lent by plaintiff to defendant at defendant's request

 

CC-2. $ $1x,xxx.xx, which is the reasonable value, is due and unpaid despite plaintiff's demand, plus prejudgement interest [ ] according to proof [x] at the rate of 0.0000 percent per year from (date): (late 2010, 11 months after last payment sent to original account)

 

(there is nothing checked or filled out for lines CC-3 and CC-4)

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Check the website to see if the court has a record of the case then

Mail the BOP tomorrow Certified Mail Return receipt requested(You can do this tonight as most PO locations have the self serve kiosk and you can have it post marked today limiting them on response days)then

 

Prepare the answer see if the complaint is verified then

download this: Long form General Denial.doc

 

Then hug your spouse or significant other and tell them I have an army now, we will prevail.

 

Wait ,if you can without going outside of the 30 day limit for them to respond to the BoP

If they do not respond within 10 days +5 for mailing then make a Motion for Preclusion: http://www.creditinfocenter.com/community/index.php?showtopic=311538&view=findpost&p=1230299

 

then after they are precluded from giving evidence, prepare for trial.

 

If the court denies the Motion for Preclusion then send discovery to them via Fax and mail CMRRR Here is some now:

Seadragon's California Discovery Requests.zip

 

If they don't respond properly motion to compel.

 

and after get ready for trial.

 

That looks like the roadmap to success to me.

 
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Loving the quick responses - thanks to everyone  :punknanner:

 

There is a court record of the case (some info in my initial post).  Something I noticed was that there is an ORDER TO SHOW CAUSE listed with a date about 5 months from now.  I'm assuming that's typical?  I don't really see it mentioned specifically.

 

Also, the "NOTICE OF CASE ASSIGNMENT" page included with the summons doesn't list a judge.  Only a department and room ("ASSIGNED JUDGE" is blank).  What would be the correct thing to put on the BOP and Answer, etc, for the Judge's name?

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Loving the quick responses - thanks to everyone  :punknanner:

 

There is a court record of the case (some info in my initiif when your case management will be. So if yl post).  Something I noticed was that there is an ORDER TO SHOW CAUSE listed with a date about 5 months from now.  I'm assuming that's typical?  I don't really see it mentioned specifically.

 

Also, the "NOTICE OF CASE ASSIGNMENT" page included with the summons doesn't list a judge.  Only a department and room ("ASSIGNED JUDGE" is blank).  What would be the correct thing to put on the BOP and Answer, etc, for the Judge's name?

Once you file your answer to the complaint a judge will be assigned to you and then you will receive info about judge's name and dept. Then you will receive notice of your first case management hearing, pretty general, judge just wants to know where you are with everything and if you want to settle With otherside. Standard stuff. Hth.

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Loving the quick responses - thanks to everyone  :punknanner:

 

There is a court record of the case (some info in my initial post).  Something I noticed was that there is an ORDER TO SHOW CAUSE listed with a date about 5 months from now.  I'm assuming that's typical?  I don't really see it mentioned specifically.

 

Also, the "NOTICE OF CASE ASSIGNMENT" page included with the summons doesn't list a judge.  Only a department and room ("ASSIGNED JUDGE" is blank).  What would be the correct thing to put on the BOP and Answer, etc, for the Judge's name?

reread my post I edited it and added a bunch of stuff that everbody asks for everyday. This way we have an ER crash bag

@admin can I have that pinned?

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The order to show cause will be vacated once you answer. The judge should already be assigned under the case number on the courts website. and for pre trial prep read ASTmedics thread.

 

Also request a jury trial you can always change your mind later but it is hard to get one later if you forget.

 

also if you can file a fee waiver http://www.courts.ca.gov/13890.htm look under FW-001 and FW-004 there are instructions there.

 

alot of info I want you to kick them hard down the well.

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Does this look like it includes what it should?  (formatting aside, of course, since it was pasted in). 

 

 

 

 

PORTFOLIO RECOVERY ASSOCIATES, LLC,

 

                        Plaintiff,

 

            vs.

 

 

(MY NAME),

 

                        Defendant.

 

Case No.: (case number)

 

BILL OF PARTICULARS/COPY OF ACCOUNT PURSUANT TO CCP §454

 

 

Response due 10 days after receipt to prevent preclusion of the giving of evidence

DEMAND FOR BILL OF PARTICULARS

            To PLAINTIFF PORTFOLIO RECOVERY ASSOCIATES, LLC and [its/their] attorneys of record herein:
            DEMAND IS HEREBY MADE UPON YOU, pursuant to California Code of Civil Procedure section 454, to furnish to Defendant MY NAME HERE, within 10 days, a Bill of Particulars setting forth all items and details of the account on which the cause of action for goods sold and delivered and money lent or paid of plaintiff’s complaint is 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, all payments or credits that have been made to the account, a detailed account of how plaintiff calculated the amount owed, and any agreement assigning the account at issue to the plaintiff.
 

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Does this look like it includes what it should?  (formatting aside, of course, since it was pasted in). 

 

 

 

 

PORTFOLIO RECOVERY ASSOCIATES, LLC,

 

                        Plaintiff,

 

            vs.

 

 

(MY NAME),

 

                        Defendant.

 

Case No.: (case number)

 

BILL OF PARTICULARS/COPY OF ACCOUNT PURSUANT TO CCP §454

 

 

Response due 10 days after receipt to prevent preclusion of the giving of evidence

DEMAND FOR BILL OF PARTICULARS

            To PLAINTIFF PORTFOLIO RECOVERY ASSOCIATES, LLC and [its/their] attorneys of record herein:

            DEMAND IS HEREBY MADE UPON YOU, pursuant to California Code of Civil Procedure section 454, to furnish to Defendant MY NAME HERE, within 10 days, a Bill of Particulars setting forth all items and details of the account on which the cause of action for Open Book Account, goods sold and delivered, and money lent or paid of plaintiff’s complaint is 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, all payments or credits that have been made to the account, a detailed account of how plaintiff calculated the amount owed, and any agreement assigning the account at issue to the plaintiff.

 

Yeah that's it. i would add the open book account Cause of action. Excellent and use the template format that will make them take notice because they will think either shadow lawyer or some legal background or a CIC member.

 

DEMAND IS HEREBY MADE UPON YOU, pursuant to California Code of Civil Procedure section 454, to furnish to Defendant MY NAME HERE, within 10 days, a Bill of Particulars setting forth all items and details of the alleged account on which the cause of action for Open Book Account, goods sold and delivered, and money lent or paid of plaintiff’s complaint is 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, all payments or credits that have been made to the account, a detailed account of how plaintiff calculated the amount owed, and any agreement assigning the account at issue to the plaintiff.

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Yeah that's it. Excellent and use the template format that will make them take notice because they will think either shadow lawyer or some legal background or a CIC member.

 

Should I hand sign anything, or stick with typing in my name?  If typing only, what's the exact format:

 

 

By:     FIRSTNAME MI LASTNAME,  In Propria Persona

 

or

 

 

By:      FIRSTNAME MI LASTNAME, TYPED  NAME,  In Propria Persona

 

Also was thinking about sending with Proof of Service (POS-040) - is that a good idea or unnecessary for the BOP?

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Should I hand sign anything, or stick with typing in my name?  If typing only, what's the exact format:

 

 

By:     FIRSTNAME MI LASTNAME,  In Propria Persona

 

or

 

 

By:      FIRSTNAME MI LASTNAME, TYPED  NAME,  In Propria Persona

 

Also was thinking about sending with Proof of Service (POS-040) - is that a good idea or unnecessary for the BOP?

It could never hurt for the POS as it is really a pleading. also it would be best if you sign your name differently than you have in the past if you know what i mean on all documents in this case. yes they have to be signed the BOP is a pleading basically.

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Yes, and make sure it is different than the way you have done before.

 

here is some links to caselaw information:

 

http://lexisnexis.com/clients/CAcourts/

 

Your courts website

 

http://appellatecases.courtinfo.ca.gov/ http://www.courts.ca.gov/opinions.htm for the most recent cases as this is moving fast and furious in debt collection law.

 

http://www.courts.ca.gov/partners/317.htm

 

It is gonna be 2 hours a day of study minimum until you win, I cannot stress that enough.

 

also

 

look at this:

 

http://www.google.com/url?sa=t&rct=j&q=how%20to%20defend%20a%20credit%20card%20case%20by%20craig%20jordan&source=web&cd=1&cad=rja&ved=0CDAQFjAA&url=http%3A%2F%2Fwww.txconsumerlawyers.org%2Fpapers%2Fdefending_credit_card_cases_2009_04.pdf&ei=CMV0UajtFOfmiwLDyoCgBQ&usg=AFQjCNGYnFVsO7jLsk_3xvnycKG43udIBA&bvm=bv.45512109,d.cGE

 

that is texas specific but shows some good stuff

 

also look into the structured argument module, and look into brief writing.

 

all this will help to get you in the zone and arm your self for litigation

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did you answer the lawsuit? You usually only get 30 days to answer, sometimes 20 depending on the court. I hope you did.

CA lawyer or others from ca will be along, but you can start by requesting the Bill Of Particulars.  And what is their claim?  Account stated or breech of contract?

when you send the request for the BOP tell them all contact needs to be maid by certified mail.  That will stop the phone calls, if they don't then they will be violating the FDPCA, and you can sue them for each violation.

And good on you, helping is the best feeling a CIC member can have. Excellent CIC first responder advice.

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aww Thank you Seadragon, I'm learning.  I especially like your remark "the ER crash bag" lol.  (being in the medical field and all)

 

Good Luck Tastycake, you are in good hands.

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