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Being sued by Razor Capital in California


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Just received the summons yesterday and frankly I'm not the most intelligable person when it comes to understanding this legal processes, but I feel that I must at least give it my best effort.  From what I've read thus far, the first thing I need to do is prepare a "Bill of Particulars" to request the information from Razor/Attorney.  Here is my letter...

 

 

TO PLAINTIFF, RAZOR CAPITAL LLC AND THEIR ATTORNEY OF RECORD:

 

            DEMAND IS HEREBY MADE UPON YOU pursuant to Code of Civil Procedure § 454

 

to furnish to defendant [My name], within ten days hereafter, a bill of

 

particulars setting forth the items and details of the account on which the cause of action for goods

 

sold and delivered of plaintiff's complaint is based, including  the date of each item or transaction; a 

 

description of the services, materials or goods supplied or other considerations rendered; and

 

the price or charge made for each such item or transaction.  

 

 

 

This seems very generic, but it seems to the point and accurate as far as I can tell.  This is ready to be printed out and sent along with my "answer: to the summons to both court and Plaintiff's attorney.  Does it need to be printed on special paper?

 

At this point I am drawing up my "answer" to the complaints and it's here where I have hit a snag.  I've admitted to the first 3 allegations which are just names, # of pages and that Razor is not a competent adult.

 

However #4 says each defendent is a natural person and nothing is checked.  However, when I get to 4B it reads "The true names of the defendants sued as Does are unknown to pliantiff."  There are check marks next to both allegations undert this heading and read as follows...

 

(1) [X] Doe defendants 1-5 were the agents or employees of the named defendants and acted within the scope of that agency or employment.

 

(2) [X] Doe defendants 6-10 are persons whose capacities are unknown to plaintiff.

 

I honestly am at a loss for understanding what this means and I have no idea if I am supposed to answer "Admit" or "Deny."  Any help on that would be great.

 

 

Complaints numbered 5&6 were left empty.  There are no check marks.  Does this mean they can be excluded from my "answer?"

 

#7 is simply stating the proper court in which I admit.

 

#8 States the causes of action and "Common Courts" is checked.  I have no idea what that refers to or how important it is.  Shall I admit to that?

 

#9 Other allegations: For good and valuable consideration, the account which is the subject of this action was purchased by Plaintiff, who is now the lawful owner and holder thereof.  Prior to commencement of this action, the Defendant's were informed in writing that if an action were commenced, the Plaintiff may recover its court costs, where allowed by law, in addition to principal an interest otherwise owed.

 

Please forgive my ignorance, but Im not really sure what the heck that means accept that Razor bought the debt and claims that I owe them money.  Is that correct?

 

#10 lists damage amount and 10% per year interest from 5/28/10.  Oddly I have no idea where they are getting these numbers from except that is was a credit card balance from a card I had many years before the date listed.  But to be honest I have no idea what credit card it was as I had multiple cards.

 

#11 was left blank as well

 

There is a page attached that is titled Cause of Action-Common Coourts which I assume refers to Allegation #8.  I believe this is the core of the allegations being made in complaint.  I will copy this page and copy on next post.

 

 

 

 

 

 

 

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Following up from my first post I am posting the attachment to the complaint for which I am at a loss how I am supposed to answer..  Am I answering #8 only with a denial or am I answering the itemized attachment?  Or am I answering both?  Any assistance would be appreicated.

 

The attachment is included.

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If you were just served yesterday then, being in California, you should have 30 days to respond. Take your time, lots of good people here and plenty of help available. Start by answering the questions below. I know you have supplied some details already, but these are the questions everyone answers when they post to the forum; it'll help us get a feel for your case.

 

 

 

1. Who is the named plaintiff in the suit? 

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

3. How much are you being sued for? 

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

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

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

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

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? 

9. What state and county do you live in? 

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

11. What is the SOL on the debt? 

12. What is the status of your case? Suit served? Motions filed? You can find this by a) calling the court or 2) looking it up online (many states have this information posted - when you find the online court site, search by case number or your name). 

13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) 

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. 

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? 


16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits.

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If you were not served a summons, do you recognize this account in any way, like the alleged OC?

 

This sure looks like an attempt to trick alleged debtors into giving up info, by using scary looking forms.  Do you have a case number?  Can you validate this is really filed in court? (Question 12 by RyanEX).

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Responding RyanEx.  Here are my responses to the questions you supplied...

 

1. Who is the named plaintiff in the suit? 

 

The Plaintiff is Razor Capital LLC


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

 

Law Firm handling suit: Nelson & Kennard


3. How much are you being sued for? 

 

Damages = $6,288.03 + 10% per year from 5/28/10


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

 

According to complaint, the predecessor in interest is First National Bank of Omaha.  I'm not sure if they are the original creditor or not.


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

 

I was served in person on June 18, 2013 at my current residence.


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

 

I was served in person on June 18, 2013 at my current residence.


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

 

Yes (assuming this is referring to the summons being delivered to my residence)

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? 

 

I never spoke with anybody from any collection service or attorneys.  There was no mail correspondence via mail although I cannot be certain they didn't send anything as I did not get a lot of my mail.  There was a few phone messages from an attorney who asked me to call them, but they didn't say who they were and I never called.


9. What state and county do you live in?

 

Riverside County, California


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

 

I have no idea because I'm not sure which credit card this was.  I do not have the records anymore.


11. What is the SOL on the debt? 

 

California law states 4 years


12. What is the status of your case? Suit served? Motions filed? You can find this by a) calling the court or 2) looking it up online (many states have this information posted - when you find the online court site, search by case number or your name). 

 

According to the court website there was a hearing on 5/28/13 that was called NOTICE OF ORDER TO SHOW CAUSE HEARING.  According to the included paperwork that I received with the summons the Plaintiff was asked to appear in order to show cause why sanctions should not be issued against Plaintiff for Failure to file Default Judgment pursuant to CRC 3.740 (Banning). 

I have no idea what that means.  Other than this I have received a summons and nothing else has been filed as of yet.


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? 

 

The summons says I have 30 days to submit an answer to complaints.  I summarized the complaints in my first 2 posts on this thread and included the attachment to the complaint.  I did not receive an interrogative questionnaire regarding the lawsuit.



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.  No exhibits were attached

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The questions that were provided by RyanEx did help me understand the summons paperwork that was included as I am now becoming more aware of who is actually the plaintiff and what they do.  Thus it is my understanding that Razor Capital has purchased this particular debt and in attempts to make a profit from people such as myself who are in debt.  I think I understand the process of what is going on now, but after reviewing the summons it would seem the plaintiff did not supply me with very much information nor did they include any evidence.  It says I owe them money, but I don't even know what account they are referring to because the only reference is First National Bank of Omaha whom I don't recall ever being the bank I dealt with.  Regardless, I have written my BOP, which is posted on my first post.  I'm trying to figure out how to answer the summons now and I am very confused by it and am looking for help.  I'd like to do this and get in mail tomorrow.

 

I also noticed there is no court date listed on summons.  It really seems unorganized.  Almost like they didn't expect me to actually read through it and notice it was a mess.

 

Anyway, I would appreciate any assistance that people might offer.  Thank you.

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The questions that were provided by RyanEx did help me understand the summons paperwork that was included as I am now becoming more aware of who is actually the plaintiff and what they do.  Thus it is my understanding that Razor Capital has purchased this particular debt and in attempts to make a profit from people such as myself who are in debt.  I think I understand the process of what is going on now, but after reviewing the summons it would seem the plaintiff did not supply me with very much information nor did they include any evidence.  It says I owe them money, but I don't even know what account they are referring to because the only reference is First National Bank of Omaha whom I don't recall ever being the bank I dealt with.  Regardless, I have written my BOP, which is posted on my first post.  I'm trying to figure out how to answer the summons now and I am very confused by it and am looking for help.  I'd like to do this and get in mail tomorrow.

 

I also noticed there is no court date listed on summons.  It really seems unorganized.  Almost like they didn't expect me to actually read through it and notice it was a mess.

 

Anyway, I would appreciate any assistance that people might offer.  Thank you.

You must have received a complaint with your summons. That is what you must answer within 30 days after receiving it, so you probably don't need to rush, and can learn what you are doing. If it is not verified (does not have a page with it that says "verification" on top) then you can file a general denial, or you can use a answer form, all downloadable here: www.courtinfo.ca.gov

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I found PLD-C-010 form Answer-Contract form. I will fill this out to the best of my ability and post here before I send in because even after all the reasearching I have done, I am still rather confused.

If you are not pressed for time and don't have to answer right away; use the time to your advantage and learn. You may have an affirmative defense, or possibly a cross complaint (but you need to get far past the confusion stage to know or effectively argue these points)The main thing is that you answer on time. Good Luck

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Thanks again.  I'm starting to realize that I don't have to rush.  It's in my nature to want to resolve this matter quickly, but your point is quite valid.  I need to have some patience in order to figure this out because if I'm still confused at the first stage, then I definitely need more time to try and understand what the heck I'm doing.  I guess my biggest issue is that I don't understand the complaints they provided and how to respond to those specifically.  But thanks to this forum I am beginning to grasp some of the processes.  Regardless, I am going to take a more methodical approach and not rush.  Will post my answer here when I feel more confident about what I'm doing.

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Deny everything unless it has to do with your name, where you live, that sort of thing.  Read up on the verified complaint, you do need the special form for that.  Only the things checked on your complaint is what they are applying it to.  Looks like they took the form instead of typing it out, and put checks by the things they find applicaple. 

The Does 1-10 just mean they are suing you, and anyone connected to you that would be covered by community property.  Wife or husband would be one, that is so you can't go put everything in her name should they get a judgement, as the judgement would allow them to go get her/him bank account also.

 

I don't know if a verified complaint if you have to have defenses, or state reasons for denial in your answer, so that would be what you need to check out.  Also you need to send the answer verified back.

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Thanks again.  I'm starting to realize that I don't have to rush.  It's in my nature to want to resolve this matter quickly, but your point is quite valid.  I need to have some patience in order to figure this out because if I'm still confused at the first stage, then I definitely need more time to try and understand what the heck I'm doing.  I guess my biggest issue is that I don't understand the complaints they provided and how to respond to those specifically.  But thanks to this forum I am beginning to grasp some of the processes.  Regardless, I am going to take a more methodical approach and not rush.  Will post my answer here when I feel more confident about what I'm doing.

Taking your time is the right way to do it. Even if you have an answer ready, use the time to get a leg up on education for the next stage or two. The confusion will subside, I recommend visiting the forum a few times a day and taking a look at the recent threads. Some are new might be by people in a similar situation and you can catch some advice - some will be older and you'll get a feel for how this process is going to play out. By now I have two long folders with bookmarks mostly from this forum and I'm feeling pretty good about my case. I barely filed my initial response with the court and I already know I'm going to win it - it's just a matter of executing the steps that people here will lay out.

 

And the ASTMedic threads are must read :-) One of those was written post-victory and gives a great start-to-finish breakdown of their winning strategy.

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Thank you to everyone who has posted here.  It really puts my mind at ease to know there are others out there willing to assist in this matter.  I'm so glad I found this forum.  I will take the advice that has been posted here and continue my education on this matter.  Hopefully this thread will not only help me, but will also help others going through the same thing.  My next step will indeed be to read the ASTMedic threads. 

 

To be continued...

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Welcome. 

 

You say the complaint is verified.  That would be very unusual.  A verification is a statement, under penalty of perjury that the statements in the complaint are true.  Junk Debt Buyers rarely verify the complaint because they do not know whether the allegations are true.

 

It is easy to confuse a venue declaration with a verification.  A venue declaration is also signed under penalty of perjury but just affirms that you have been sued in the correct county.  Can you post what yu believe to be the declaration?

 

If the complaint is not verified, you can use a general denial.  THis is much easier as you do not have to admit or deny each paragraph in the complaint.  You just deny the whole thing.

 

Good luck.

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I found PLD-C-010 form Answer-Contract form. I will fill this out to the best of my ability and post here before I send in because even after all the reasearching I have done, I am still rather confused.

It is rare that they are verified, but mine from CACH was. It's really no big deal, all you have to do is file with the answer form PLD-C-010, and I don't believe that you have to verify the answer.

In regards to your post # 11: Time is always going to be incredibly important to your case, and you should always use it to your advantage and against them. Learn exactly what the allegations against you are (open book, account stated, etc.) and what are the elements of the case they have to prove. You will have to study very hard and you have a lot to learn if you are going fight them.

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Responding RyanEx. According to the court website there was a hearing on 5/28/13 that was called NOTICE OF ORDER TO SHOW CAUSE HEARING.  According to the included paperwork that I received with the summons the Plaintiff was asked to appear in order to show cause why sanctions should not be issued against Plaintiff for Failure to file Default Judgment pursuant to CRC 3.740 (Banning). 

I have no idea what that means. 

That means the court held a meeting where the plaintiff was to show up and explain to the court why they should not be fined for not filing for a default judgment against you. They can file for a default against you when you do not answer the complaint. It reads like they already filed a complaint against you (you missed it) it was not answered and they could have filed for and won a default judgment against you (as in you lose your case), but for some reason they did not follow through with the case and claim their victory. The court then ordered them to explain why they did not do that, and why they should not be fined for failure to file for default.

Did you miss something? (or move recently), or did these people ever sue you before? You need to figure out what's going on here, and unfortunately it is going to be more confusing now, but there is help here.

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Responding to Anon Amos.  Thanks for helping me try and understand this.  I moved about a year ago and have not been served with any summons prior to this one.  I am not aware of any previous suits and there has been no correspondence on this matter between myself and any Plaintiff.  When I went to the court website and looked up this case number the Show Cause hearing was the first thing listed.  I did however notice that I made a very crucial error when I posted this info.  The notice for the Plaintiff appear is set for 5/28/14.  I accidentally typed in 2013.  Thus, this hearing has not taken place yet.  Sorry about that.  Does that make more sense now?

 

As far as the verification goes I have attached a copy of what I received and blacked out the name of lawyer and signature...

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Responding to Anon Amos.  Thanks for helping me try and understand this.  I moved about a year ago and have not been served with any summons prior to this one.  I am not aware of any previous suits and there has been no correspondence on this matter between myself and any Plaintiff.  When I went to the court website and looked up this case number the Show Cause hearing was the first thing listed.  I did however notice that I made a very crucial error when I posted this info.  The notice for the Plaintiff appear is set for 5/28/14.  I accidentally typed in 2013.  Thus, this hearing has not taken place yet.  Sorry about that.  Does that make more sense now?

 

As far as the verification goes I have attached a copy of what I received and blacked out the name of lawyer and signature...

Well that's definitely verified. As far as the order to show cause; not really sure what that's all about, but maybe they will add "vacated" to that after you answer the complaint. I was a bit concerned about it earlier, but since it has not already happened, it's no big deal.

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Instead of rushing to send my answer I will try a step by step process which may very well help others as well.  The first thing I will do is go ahead and post a copy of the complaint vs. me with all the personal info redacted for obvious reason and just to be on the safe side.  I was sent a PLD-C-001 "COMPLAINT-Contract" (attached below) consisting of 2 pages and 1 "Cause of Action" attachment. In the following post I will itemize each of the allegation and remark on how I plan to respond.  My hopes here are to make sure I am responding correctly and so that others may be able to learn as a well.

 

I have attached  the 3 pages of the complaint here...

 

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The first 3 paragraphs of the complaint are basic info.  I have attached here in case others are seeing this for the first time and would like to compare to their own summons.  As you can see I have admitted to 1) Who the plaintiff and defendants are, 2) There are 4 pages (2 Complaint Contract, 1 Cause of Action and 1 Verification) and 3) The plaintiff is not a competent adult, but rather a corporation or limited liability company.*

 

*Should I admit this.  I personally have no idea if they are who they say they are.

 

Here is the attachment for paragraphs 1-3...

 

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Paragraph 4b states the true names of the defendants are unknown to plaintiff.  I am immediately baffled on how to respond to this because the only credit cards that I had were for my use only and I did not have employees or anything they mention in the allegation.  But I understand this is a formality for them to cover all thier bases, but I'm still confused if I should simply admit to this one and move on or should I deny it.  And if I do deny it, what would be my reasoning? 

 

Paragraph 4 is attached here...

 

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