Getting sued by Unifund in CA

[BrokenElephant]

1. Who is the named plaintiff in the suit?

UNIFUND CCR, LLC

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

Kenoisan & Miele, LLP

3. How much are you being sued for?

$1000 + Fees/Interest

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

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)

Person

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

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?
Orange County, CA

10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations)
Last payment was made July 2009, but the lawsuit was filed within SOL.

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   looking it up online (many states have this information posted - when you find the online court site, search by case number or your name).
Complaint Filed
Answer Filed
JDB has sent Request For Production of Documents and Request For Admission
Nothing else has been filed and I haven't sent back anything 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? 
I have a few more days to respond to the Request for Admissions and Documents

Charges - 

Common Counts
Breach of Contract

16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits.
Summons had just an affidavit. The Request for Admission had 3 monthly statements with non-redacted account numbers. No contracts or Bill of Sale.

 

I'm thinking at this point I need to file my Request for Docs for the original agreement and bill of sale. Not sure how to answer to the monthly statements. I plan on denying the admissions as they provided no evidence of the contract, etc.

 

Would that be the right course of action? Should I allow the admission of the statements? Would that cause me issues down the road.

 

Thanks!

 

[Public Enemy]

Are you familiar with the arbitration strategy?

 

If not read this thread to see why it is so effective for case like yours.

 

http://www.creditinfocenter.com/community/topic/309878-the-cost-strategy-of-arbitration-and-why-it-works-for-the-consumer/

 

 

 

Citi has JAMS in it's 2010 agreement and AAA in it's 2009.  JAMS is better, i.e. more expensive for them, but for $1000 either will probably be effective.

 

http://www.cardmemberagreements.org/citi-bank-2/

[SkippieB]

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