california guy Posted April 28, 2013 Report Share Posted April 28, 2013 Hello and thanks for your attention. I am ALSO in quite a pinch. Im new in this forum (my first forum ever) and i'm not exactly computer literate. I am also in quite a dilemma and have procrastinated to long on this matter. I cannot afford a lawyer at this time ( very long boring story, i'll save you the violin and drama) . Anyway after finding this website, i'm now feeling much more confident in moving forward in answering the complaint.( thanks to all you) Please see the following info as I greatly appreciate all your time and attention. I must answer this complaint by this tuesday( two days from now) . am am nervous an kinda going in circles on this website and forum. I sure hope I am posting this in the correct place? I have recently obtaind my credit report, it got charged off.....then i called the credit card directly and asked "whats the status of that acccnt'' and a woman said "it is no longer with us and it has been placed with an agency" and said "its placed with American Alliance of creitor Attny" .... However, i have been recieving letters and voice mails from Nelson and Kennard, whom mentiones themselves as a debit collector, has been leaving messages on my cell phone for over a year now... here goes.... 1) Who is suing you Attny Robert Scott Kennard, s.b.n. 117017Nelson & KennardSacrememnto CA Attny for US Bank National Asscoiation Plaintiff : US BANK National Association NDDefendant : Me "does one to 10" 2) How much?This 'complaint' is for over $10,000 and under $25,000 3) original creditor was US Bank 4) How do i know im being sued?papers were personally served 5) how was i served? Papers were served to myself at my parents house where i 'sometimes' reside. I lost my house in a short sale last year. 6) What was my correspondence w the persons suing me?No contact with the plaintiff/ attny. I only recieved mailings to my PO Box and never replied to them or any telephone calls. 7) Where do you live?San Diego CA 8) The las time i paid on this acct was approximately two years ago ( guestimate) ... The account was opened up in 1996. 9) What is the status of my case?I was served a summons 3.5 weeks ago, my response(answer) is due on tuesday. 10) have you disputed the debit w the credit bureaus? both the original creditor and the collection agency?I have not disputed it with either. 11) did you request debit validation before the suit was filed?no 12) Does you summons require a response in writing?I believe so, It states "defendant must generally appear within 30 days of service of complaint" so im working on putting together a 'general denial' as i think this would be my next step. 13) What evidence did they send with the summons? An affidavit? A statement from the OC? Any attached exhibits?Nothing to my knowledge. of course except for the 'generic' info stating who,when , where, why, etc...Plaintiff is US BAnk National, action is a limited civil case, some wierd stuff about each defendant is a natural person " Does are unknown to plaintiff" 1-5 and 6-10 are persons are whose capabilities are unknown to the plaintiff( something wierd) And the causes of action are 'common counts' . and that other allegations " prior to commencement of this action, the defendendants were informed in writing that if an action were commenced, the plaintiff may recover its court costs, where allowed by law, in aditional to principal and interest otherwise owed".... then the next page "CAUSE OF ACTION"-"COMMON COUNTS" as an attachment to complaint states that i became indebited within the last 4 years for an open book and that it was stated in writing and agreed. ( they didnt check off the box that said 2 years, they checked it off for 4 years FYI) for "21,000 is due and unpaid despite plaintiffs demand, plus prejudgement interest".....then after that they didnt check off the [ ]according to proof [ ]at the rate of_________percent per year from date;_______ ( kinda wierd how they left these blank? 14) what is the SOL on the debit?Well, i think i last made a payment 2 years ago( guestimate) however i have had the account since 1996. So, there;s my complaint inna big nutt-shell......im working on printing the general denial form PLD-050 and the proof of service form POS-030 and get buisy, like QUICK buisy. I do have some questions...... 1) since the complaint is not verified....i can go ahead and fill out the general denial form and use that form for my 'complete' answer? do i put the affirmative defences right on that form? What affirmative defences should i use? (or do you advise that I use) 2) I understand that I must deny the allegations except for mu name and their name .....but do i also do the request for discovery at the same time as my answer? or later? ( i just need to stay focused on what i absolutely need to accomplish at this moment and worry bout the next step later) 2) Request a BOP right now? I think this is a scumm bag collection company.....and i dont know even if or how they are 'exactly' related to the OC, if at all? PLEASE HELP! Sincerely submitted, California Guy Link to comment Share on other sites More sharing options...
Anon Amos Posted April 28, 2013 Report Share Posted April 28, 2013 1) since the complaint is not verified....i can go ahead and fill out the general denial form and use that form for my 'complete' answer? do i put the affirmative defences right on that form? What affirmative defences should i use? (or do you advise that I use) Yes you can use that form since it's not verified. I don't know that you have (or need) any affirmative defenses (that would not be covered anyway) since you are denying everything with the general denial. If it were mine I would add "JURY TRIAL DEMANDED" to the answer, making it more likely to be dismissed at some point. 2) I understand that I must deny the allegations except for mu name and their name .....but do i also do the request for discovery at the same time as my answer? or later? ( i just need to stay focused on what i absolutely need to accomplish at this moment and worry bout the next step later) You just need to get it answered now, discovery is a separate issue. 2) Request a BOP right now? You can. I would file the answer and then send the BOP, but learn about discovery and expect to send a request for production of documents soon after they refuse to answer the BOP. I think this is a scumm bag collection company.....and i dont know even if or how they are 'exactly' related to the OC, if at all? It looks like US Bank (plaintiff)is the OC and they hired the lawyer as they have filed the lawsuit against you. Look the lawyer up, it looks like more of a law office than a collection company, but I don't know. It is harder when it's an OC, but you can still fight in hopes of them dismissing or at least getting a much better settlement offer. Good Luck. Link to comment Share on other sites More sharing options...
shellieh98 Posted April 29, 2013 Report Share Posted April 29, 2013 Yep, answer your generial denial and send them a BOP request cmrr. It looks like a breach of contract, so they need to send you a complete BOP. and looks like amos got you covered. Link to comment Share on other sites More sharing options...
homeschool mom Posted April 29, 2013 Report Share Posted April 29, 2013 Agree on both responses. Look up ASTMedic thread -- CA case, for your reference. Also, look up Sandra Pacheco's case online (free) - San Mateo, CA. Hope this helps. Link to comment Share on other sites More sharing options...
ASTMedic Posted April 29, 2013 Report Share Posted April 29, 2013 You can also PM me if you need a hand Link to comment Share on other sites More sharing options...
california guy Posted April 29, 2013 Author Report Share Posted April 29, 2013 Thank you so much for all your quick responses. I'm so greatfull for your help in this matter. I will be reviewing the cases that homeschool mom suggested and it is sounding like I basically only have to fill out the general denial at this point.......and not have to fill in any 'affirmative defences'? Seems like after all my reviewing of other content on this forum has me thinking to hard. Also, Amos mentioned to maybe write "jury trial demanded" into the general denial. How would that help? If u could so elaborate on that? This forum is absolutely awesome! Link to comment Share on other sites More sharing options...
Rivertime Posted April 29, 2013 Report Share Posted April 29, 2013 Don't forget you need to have someone other that yourself (because you are a party in the matter) serve (mail) the answer to plaintiff and sign and complete the POS-30. Also you need to file your answer and POS with the court. rt Link to comment Share on other sites More sharing options...
california guy Posted April 29, 2013 Author Report Share Posted April 29, 2013 Thank you Rivertime, I'm doing the mailing and pos-30 with a 3rd party as we speak....thanks for the support...mailing it to attny cmrr and then heading over to ct house to file answer and giv them copies of pos-30 Link to comment Share on other sites More sharing options...
Anon Amos Posted April 30, 2013 Report Share Posted April 30, 2013 [ Amos mentioned to maybe write "jury trial demanded" into the general denial. How would that help? If u could so elaborate on that? This forum is absolutely awesome! I personally would only have a trial by jury. I would rather have 12 people hear and decide my fate than 1 judge. Plus I think it would be hard for them to find a jury that is not (at least a little) prejudiced against: bankers, debt collectors & lawyers (nothing against lawyers). In your case; I think it would be more likely that it gets dismisses because they may consider it too much work and money to pursue you, and the lawyer will not want to go before a jury for this type of case. I think it sends them a good message (that they will not like), and you can always change it to a bench trial later if you feel you can't go through with it. Just my opinion. Link to comment Share on other sites More sharing options...
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