Sign in to follow this  
thebigjdoe

Summons by Persolve LLC / Account Resolution Associates in CA Filed Suit - No Summons - First Steps

Recommended Posts

Alright Ladies and Gents, the day has arrived....I suppose we should get down to business:

 

========== Background ===========

 

I've been checking my local court site daily because I heard that Persolve were scumbags...NO SUMMONS DELIVERED but this popped up online within the last few days.  I have had virtually no contact with them.  I have hung up on them a few times.

 

Main Questions:

i) Do I take this on myself, or hire an attorney?

ii) What is my first step based on the answer to i

 

1. Who is the named plaintiff in the suit?
 

Persolve LLC / Account Resolution Associates

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

(from online court site)

Attorney: Edit Alexandryan

Persolve, LLC , 9301 Winnetka Avenue

3. How much are you being sued for?

5k < ME < 10k

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

Wells Fargo Bank


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

Case showed up on county website....never served

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

Wasnt...persolve are scumbags


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

Nope (unless i haven't got it yet, but shouldn't they serve before they file claim?


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

No contact.  A few answered calls and i just hang up on them when they say who they are.


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)

~Middle 2010


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? You can find this by a) calling the court or  B) looking it up online (many states have this information posted - when you find the online court site, search by case number or your name).

Summons Filed (apparently, at least it says this online.)

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?

Have no paper work, how do I find out?


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

 

Have no idea.  Either they never sent it, or I haven't received it yet, but it shows up online.

 

 

Share this post


Link to post
Share on other sites

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

Nope (unless i haven't got it yet, but shouldn't they serve before they file claim?"

 

The way it works is they file the lawsuit with the court, then the defendant is served (hopefully) and if not settled goes to trial.

 

You have two options:  you can wait for them to serve you or you can go down to the court and get served.  

Share this post


Link to post
Share on other sites

I say fight'em, but I'd fight'em over $50 just for the fun of it now. Clearly my first case warped my mind, lol.

All jokin aside, fight them. It's a lot easier than you think and will be money in your pocket. You can read my "how I beat midland" thread in the sticky section to get my full point of view.

Share this post


Link to post
Share on other sites

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

Nope (unless i haven't got it yet, but shouldn't they serve before they file claim?"

 

The way it works is they file the lawsuit with the court, then the defendant is served (hopefully) and if not settled goes to trial.

 

You have two options:  you can wait for them to serve you or you can go down to the court and get served.  

Ok this is good info, i'll give them a few days to serve, then I will have more info for you guys.

 

I say fight'em, but I'd fight'em over $50 just for the fun of it now. Clearly my first case warped my mind, lol.

All jokin aside, fight them. It's a lot easier than you think and will be money in your pocket. You can read my "how I beat midland" thread in the sticky section to get my full point of view.

I have heard nasty things about persolve.  I'm leaning toward fighting myself, but would hate a judgment... just wondering the success of a good attorney compared to my own success.  I am good at research, and this is closer to 10k than it is to $50 :)

Share this post


Link to post
Share on other sites

Ok this is good info, i'll give them a few days to serve, then I will have more info for you guys.

 

I have heard nasty things about persolve.  I'm leaning toward fighting myself, but would hate a judgment... just wondering the success of a good attorney compared to my own success.  I am good at research, and this is closer to 10k than it is to $50 :)

Many times they will cut and run when they see you hired a lawyer.

Share this post


Link to post
Share on other sites

Many times they will cut and run when they see you hired a lawyer.

 

Yes, a better chance at winning, and less time for me to spend.  Does anyone know a good place to find an attorney in California for this sort of case?  What is the rough cost of these kinds of cases?  Thanks!

 

 

 

Would this help me in court ?  :)

Share this post


Link to post
Share on other sites

Yes, a better chance at winning, and less time for me to spend.  Does anyone know a good place to find an attorney in California for this sort of case?  What is the rough cost of these kinds of cases?  Thanks!

 

 

 

Would this help me in court ?  :)

The only down side is they can dismiss before trial and then sue you again later.

Share this post


Link to post
Share on other sites

You can find a consumer lawyer at www.naca.net

or by doing google searches of california consumer lawyer  or california debt collection defense.  Contact at least 5 or 6.

 

I guess you know Calif recently passed a new Fair Debt Coll Act, which all debt collectors must follow

 

http://www.creditinfocenter.com/community/topic/321040-calif-to-pass-fair-debt-coll-act/

 

 

More info

 

http://www.jdsupra.com/legalnews/california-enacts-fair-debt-buying-pract-77241/

Share this post


Link to post
Share on other sites

So What do you think on: Attorney vs no Attorney, and

 

What should my first steps be?

 

Do I need to have the summons in hand before you guys have enough info to help?

Share this post


Link to post
Share on other sites

My personal opinion is if you consult with an attorney, most will tell you to settle.  If you want to learn your rules of civil procedure, how to proceed, the people of this forum can help.  If after once you get into litigation, you feel it is just to much for you to take on you can always hire an attorney at that point.

 

You need to have the summons in hand for any one to advise on what they would to as we have no idea what cause of action they are suing you for.  So you can either jump in with both feet, go down to the court house and get yourself served, or, you can start reading up on California's rules of civil procedure, and wait to be served.  I would check the online docket frequently to make sure they don't file a proof of service and try to get a default that way, saying they served you when they did not.

Share this post


Link to post
Share on other sites

My personal opinion is if you consult with an attorney, most will tell you to settle.  If you want to learn your rules of civil procedure, how to proceed, the people of this forum can help.  If after once you get into litigation, you feel it is just to much for you to take on you can always hire an attorney at that point.

 

You need to have the summons in hand for any one to advise on what they would to as we have no idea what cause of action they are suing you for.  So you can either jump in with both feet, go down to the court house and get yourself served, or, you can start reading up on California's rules of civil procedure, and wait to be served.  I would check the online docket frequently to make sure they don't file a proof of service and try to get a default that way, saying they served you when they did not.

Thank you, good info.  I think I will wait for them to serve me, and keep an eye on the online docket.  I have also looked at the 100+ cases in my county involving Persolve as the plaintiff.  Almost all of them were default judgment, or dismissed because of bankruptcy.  There was one Attorney who had fought them on multiple occasions but it's hard to even tell who won the case.  It looks like he likes to settle most of the time, from the notes.

 

There is one more attorney who actually ended up winning $1025 for the defendant...but since I have had zero interaction with Persolve, I'm sure that would be hard in my case.

Share this post


Link to post
Share on other sites

I almost went to trial against them in CA recently. They had very little evidence, they hired an appearance attorney, and no witnesses showed up (their CCP96 said they would bring 3 people, one from each credtor on the bills of sale). During the mandatory settlement conference I ended up settling for 30% of complaint based on advise from my attorneys.  You can PM me if you want more info or have any questions.

Share this post


Link to post
Share on other sites
Guest
This topic is now closed to further replies.
Sign in to follow this