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ican legal: e-filing for reply to lawsuit


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Has any body used ican legal e-filing?  You answer questions regarding the case and it is e-filed for you with the court.  It is available to certain counties and states but is available for Orange County, CA.  They can file my response.  

 

I previously posted a question when I first learned that Portfolio Recovery and have now been served.  Time is ticking and I am very limited on time and resources to do my reply.  I have done a lot of reading here and have some idea and scope of what I need to do here but still have a lot of questions.  

 

While searching around for information, I came across ican legal from resources page for lawsuit help in Orange County.  I thought this would make it rather simple in a difficult to handle on own situation.  

 

I know I need to write my response and serve it and file both the response and serving.  More questions to all that soon.  But is there anything else I need to do immediately? 

 

Answers to the Questions:

 

1. Who is the named plaintiff in the suit?
Portfolio Recovery Associates, LLC
2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.)
Hunt & Henriques
3. How much are you being sued for?
$1,4XX.XX
4. Who is the original creditor? (if not the Plaintiff)
HSBC Bank Nevada
5. How do you know you are being sued? (You were served, right?)
I was served 
6. How were you served? (Mail, In person, Notice on door)
in person on a sunday night at 8:30 pm.
7. Was the service legal as required by your state?
Unsure.  
8. What was your correspondence (if any) with the people suing you before you think you were being sued?
I have not had any previous communication
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)
estimated 5/2010
11. What is the SOL on the debt? To find out:
4
(California is 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).
Suit served
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?
30 days from being served - so 10/22
16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits.

none.

 

 

Any help and guidance is very much appreciated.

 

 

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Are you familiar with arbitration?  If not read the first post in this thread to see why it may work for you in a case like yours with a Junk Debt Buyer.

 

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

 

 

 

The 2010 HSBC cardmember agreement has JAMS in it.  That is good.  For you anyway not so much for Portfolio :) 

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Are you familiar with arbitration?  If not read the first post in this thread to see why it may work for you in a case like yours with a Junk Debt Buyer.

 

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

 

 

 

The 2010 HSBC cardmember agreement has JAMS in it.  That is good.  For you anyway not so much for Portfolio :-)

thank you public enemy.  At what point do I request this?  Do I do this in my initial reply to the summons?  I received a lot of ADR information with the summons so not sure if I request for arbitration right away. 

 

I am not even sure how I respond to the original summons.  Still searching around.  

 

Can I FedEx my response as a serving?  I see USPS with the confirmation, but I think fedex would be the same and much faster.  

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I would repost your question in this forum and say that you are being sued in California by Portfolio in the title.  This will get you some help from people who are from CA and know their rules.  They are different from mine in WA.

 

If I understand your post correctly your answer is due on the 22nd so you need to get this done fast or you will automatically lose.  Submitting your answer is like in criminal court where a person enters a plea of Not Guilty and then the prosecutor has to prove their guilt.  You are acknowledging you are aware of the suit and deny the claims and desire the plaintiff to try and prove their case.

 

Here is some info on answering a civil suit in Orange County, CA.

http://www.occourts.org/self-help/civil/ihavebeensued.html

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