missbellie

Main Street Acquisition Sue Me - I replied & now they sent me more court papers! What to do?!

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I'm not sure what to do or how to reply to these court papers. I was recently served by a collection agency for Main Street Acquisition saying I owed money. I replied to the court and said that i was not aware of this account and requested that the collection agency/lawyer to show proof to me. Now I received more court paperwork known as CASE MANAGEMENT STATEMENT. I am not sure what the next step is to do.

 

1. It says that the CASE MANAGEMENT CONFERENCE is scheduled on 6/6/13 and the collcection agency's lawyer will be appearing by telephone..... what about me? Do I need to go to the court that day?

 

2. in 4B. the collection agency is seeking $, late charges plus accrued interest, attorney's fees and costs....... will the amount be more than what they state on the papers? Should i just pay the amount they are seeking instead of paying an amount that will be more than what they allege i owe?

 

3. What is my next step on responding to these paperworks?

 

I have scanned and erased my information, can someone please let me know what to do? THANK YOU!!

 

Can I leave my phone number so that someone can call and discuss this better??

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yes you need to go to the case management conference.  If I was you, i wouldJust tell them you have answered the complaint, I do not believe this is my account, and I will need time to go through some discovery to find out.  They may try to give me some statements or something, but I would tell them I will request the things I need in discovery.  Judge just wants to know if you admit to the debt, and if you want to settle.  Takes 5 minutes, no I do not know if this is my account, and I am not inclined to settle at the moment until I have more information.  He will set a trial date, and you come back here, post and get more info on what to do next.

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No matter what, all ways appear in court, even if the JDB or their attorney tell you that you don't have to....GO! Make sure that you always reply to any paperwork or summons you get within the deadline. Calif. has a four year SOL, are you passed that? If not then you will have a fight, how much are they claiming you owe. If it's less than six or eight thousand you can probably beat them off with arbitration. If you go that route use JAMS if it's available to you.

 

There is not on here about Main street. I just happen to be fighting them two. But, in my case they are past the four year SOL for Texas. So, they are out of luck. I am just waiting to get them on a few FDCPA and FRACA violations which I have a few on them now.

 

Do a thread search on here about Main street and you will come up with a few things. Other than that they are about the same as fighting Midland and a few other JDB's. Just read those threads on how to beat them and you will get the idea. AstMedic is from Calif, he has some good stuff. Also, Calawyer is a Calif. attorney, read his stuff and try PMing him if you need help. He is real busy, but he has been good helping people out. We also have a few other attorneys that hang out here on the board as well. Others will chime in to help...good luck and welcome to the board.

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A junk debt buyer is a junk debt buyer,,,,no matter what their name, they very seldom have enough to prove they even own the debt let alone enough to sue and win.

 

Go to the conference and tell them you will see them in court do not agree to any payment plans.

 

First of all what did they claim in the initial summons, was it breech of contract account stated or something else?

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Rule 3.722. Case management conference

http://www.courts.ca.gov/cms/rules/index.cfm?title=three&linkid=rule3_722

© Preparation for the conference

At the conference, counsel for each party and each self-represented party must appear by telephone or personally as provided in rule 3.670; must be familiar with the case; and must be prepared to discuss and commit to the party's position on the issues listed in rules 3.724 and 3.727.

(d) Case management order without appearance

If, based on its review of the written submissions of the parties and such other information as is available, the court determines that appearances at the conference are not necessary, the court may issue a case management order and notify the parties that no appearance is required.

www.courts.ca.gov/documents/cm110.pdf case management statement form

http://www.saclaw.lib.ca.us/pages/case-management.aspx

A free instructional video on how to prepare your Case Management Statement is available on the Law Library's website at http://www.saclaw.org/pages/selfhelp_video.aspx.

http://www.saclaw.lib.ca.us/pages/self-help-topics.aspx

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Thank you to those that have replied with information!

 

Though it says there is a case management conference, how come the next page says no trial date has been set under 6B?  Or are those different? I have attached the court documents on my post.

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No court date yet, just the conference. The judge will set a court date later when he learns there is not a settlement

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I don't see where you listed the amount they claim you owe, in round dollars let us know. The dollar amount a lot of times can make a difference on how hard they will fight etc. So, please let us know. always redact your personal info anytime you post. As one of our esteemed attornies mentioned in his reply to you above. A JDB is a JDB no matter who they are or what their name is. They are all scum, and you pretty much fight them the same way. So read up on fighting Midland or several of the others, you will get the idea.


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What if i just want to pay it off and stop this? Do I still need to show up to the case management conference? How can I just come to a # and pay it off?

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