I'm being sued by Razor Capital LLC

[justhappy]

Hi, 

I was hoping someone may be able to assist me on how to deal with this? I was served last Saturday, 2/1/14.

My credit card bills is 25K with Citibank.  When I first closed the account.  I was dealing with another collections agency.  They settle for almost half of my debt.  We set a schedule for my payments.  Things went wrong, after almost 5K of payment.  I stopped making payments.  

 

I'm nervous and need guidance.  If anyone has any suggestions, I'm open.

 

 

[justhappy]

1.Who is the named plaintiff in the suit? 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 OFFICE IN SACRAMENTO. SORRY I DONT HAVE THE NAME AT THE MOMENT.  I'LL CHECK THE DOCS

3. How much are you being sued for? 25k

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

5. How do you know you are being sued? (You were served, right?) YES, DELIVERED TO WHERE I RESIDE

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

7. Was the service legal as required by your state? I DONT KNOW.  IT WAS HANDED TO ME, DIDNT HAVE TO SIGN ANYTHING

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?NONE

9. What state and county do you live in? CA

10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) JULY 2011

11. What is the SOL on the debt? To find out: 

Statute of Limitations on Debts

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). I HAVE TO CHECK WITH THE COURT, IT WAS STAMPED AS FILED BY FAX BY THE LAW OFFICE

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 2/1/14

Here is an example of what the summons/complaint may look like: Sued by a Debt Collector - Learn How to Fight Debt Lawsuits

16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits.  STATEMENT OF HOW MUCH WAS THE DEBTT

 

[Public Enemy]

Is this the only card that is going to sue you or are there others?

[HotWheels96]

So, was the collection agency you "settled" with a JDB or was it still owned by Citibank?

And just for clarification, it went citibank, then collections agency, then razor?

I think Public Enemy is attempting to see if the nuclear option is available to you. Have you recently filed for bankruptcy and if not, are there other accounts that might be haunting you in the future? Its an option best left on the back burner if you have it at all. What I mean to say is, if you know it's there if necessary, why not fight the case and see what happens?

[justhappy]

Hello

This is the only card.  

 

So, was the collection agency you "settled" with a JDB or was it still owned by Citibank? I don't recall the name of the collections agency, have to check my papers.  I don't thinks its the same.  

And just for clarification, it went citibank, then collections agency, then razor?  YES, was a different collections agency.

I think Public Enemy is attempting to see if the nuclear option is available to you. Have you recently filed for bankruptcy and if not, are there other accounts that might be haunting you in the future? Its an option best left on the back burner if you have it at all. What I mean to say is, if you know it's there if necessary, why not fight the case and see what happens?  How do I respond to the court?  It said on the paper that just a letter is not sufficient.  I'm not sure how to respond to the summons.  I don't have money for a lawyer.  Is it too late to call them to settle?

[HotWheels96]

Before you panic and settle...do a lot of reading here to learn how to defend yourself! Please. Your service of summons was appropriate in our state; nothing must be signed.

First things first, we need to make sure you file and serve an answer. A letter, as you have learned is unacceptable. Here's your first few steps:

Pull up the fee waiver to see if you qualify.

http://www.courts.ca.gov/documents/fw001.pdf

~AND~

http://www.courts.ca.gov/documents/fw003.pdf

Now, for your answer...we need to know if the complaint is verified before telling you exactly what type of answer needs to be done. If it's not verified, you should be able to use this form:

http://www.courts.ca.gov/documents/pld050.pdf

We also need to know what the listed cause of action(s) is/are to better point you to what you need to be learning. Is your complaint a form that's had boxes checked and some typed info or is it on paper that has 1-28 numbered down the left side (pleading paper)? If it's the form, we should probably be able to tell you where to look to discover the cause of action. It's going to be something like COMMON COUNTS, ACCOUNT STATED, BREACH OF CONTRACT, etc.

Don't give up, your alleged account has been passed around a bit and that generally makes a defendant's success rate that much higher. Plus you're in California, and there are not only Cali members here but members from other states who know plenty of general info that you'll find stellar. You're in the right place and starting now, you're not alone.

[1stStep]

File a general denial with the court... then send Razor a BOP.

 

 

 

My guess is you are dealing with Nelson and Kennard - I kicked their @ss in Federal court for FDCPA violations. They are very beatable. 

[justhappy]

Thank you HotWheels96!

I will review the link to see if I qualify for fee waiving.

 

Now, for your answer...we need to know if the complaint is verified before telling you exactly what type of answer needs to be done. If it's not verified, you should be able to use this form: I'M NOT SURE WHAT IT MEANS, "VERIFIED"  ONE OF THE PAGES STATES "VERIFICATION", LETTER SIGNED BY THE ATTY. 

 

We also need to know what the listed cause of action(s) is/are to better point you to what you need to be learning. Is your complaint a form that's had boxes checked and some typed info or is it on paper that has 1-28 numbered down the left side (pleading paper)? If it's the form, we should probably be able to tell you where to look to discover the cause of action. It's going to be something like COMMON COUNTS, ACCOUNT STATED, BREACH OF CONTRACT, etc. IT SAYS, THE CAUSE OF ACTION-COMMON COUNTS.  IT'S NUMBERED, BUT NOT 1-28, ONLY 1-11

Don't give up, your alleged account has been passed around a bit and that generally makes a defendant's success rate that much higher. Plus you're in California, and there are not only Cali members here but members from other states who know plenty of general info that you'll find stellar. You're in the right place and starting now, you're not alone. 

[justhappy]

THANK YOU 1STSTEP!

File a general denial with the court... then send Razor a BOP. - SORRY, WHAT IS BOP?

 

 

 

My guess is you are dealing with Nelson and Kennard - I kicked their @ss in Federal court for FDCPA violations. They are very beatable. YES, KENNARD

[HotWheels96]

Bill of particulars

[HotWheels96]

There should be a third page that is titled "CAUSE OF ACTION - Common Counts". This is an attachment page that specifies the CoA.

Look here:

http://www.courts.ca.gov/documents/pldc0012.pdf

Is box "a(2)" checked?

[justhappy]

here should be a third page that is titled "CAUSE OF ACTION - Common Counts". This is an attachment page that specifies the CoA.

Look here: 

http://www.courts.ca...ts/pldc0012.pdf

Is box "a(2)" checked? - YES

[HotWheels96]

That means they are suing you on an ACCOUNT STATED cause of action. It also means that they do not need a signed contract to prove their case...BUT don't fret, there are several required elements to be successful on an AC claim. For starters, please read:

http://www.courts.ca.gov/partners/documents/2011SRL5eRooney.pdf

Please read in section 6 and tell me if it says you were unjustly enriched. I've seen people refuse to accept the typical, "a bop is not appropriate for an AC claim" and play tough when this is stated.

That's just the start though, so keep that in mind. Any case, be it OC or JDB follows a pretty typical fashion, for our state at least. And there are several things a defendant can do to increase their odds of ending up with an acceptable conclusion. Those things are:

- Get a calendar and keep track of important dates!

- Get a binder (in the event you even make it to trial 3 is ideal, but that's only IF it gets to that). You will want to keep your documents together in a place you can find. Nothing creates stress like frantic searching for that 'one really important, you can't win your case without it' document. Prevent this possibility and enjoy as much calm sanity as this time will allow you.

Being lazy, unorganized and continuing your procrastinator ways is a sure fire way to kill your chances before you've even begun. [This is obviously a generalized statement. Clearly I do not know you personally and I'm making this statement to cover every possible personality; it's not meant to offend anybody.]

- Get up close and personal with the CCP's (Civil Code and Procedure). They can be your best friend or your worst enemy! These are available online.

- Determine if your jurisdiction has additional requirements of you, known as local rules. These are variations or additional requirements that may change how you do things. For example, my court no longer has a CMC statement and now uses an "At Issue Memorandum".

- Spend some time looking through not only your docket, but also Alameda's docket. Once you find a case where the person actually fought and not only took it ALL the way, they took the win, read everything you can about the case! These cases don't happen very often and that's not because the cases are impossible to win, it's because 95% or greater don't even try! They just end up with a default judgment against them! Very sad.

- Read, read, and then read ASTMedic's sticky about Midland again. You'll find incredibly useful information there, and if you have questions, ASK! Remember, the only stupid question is the one you don't ask.

On a more personal note, please do your best to not take things too personally. With only text available, it can be too easy to create an entirely incorrect idea on a person's intent. With most conversations the old saying 'it's not what you say it's how you say it' rings true. Not so with posts. I've seen people assume the worst, attack the person for what they posted only to be totally wrong. Why risk it! This is especially true when it comes to fighting these cases. People tend to be very passionate in their beliefs as well as vocal about their opinions.

Well, I'll let you get busy.

[justhappy]

Thanks

I have a lot of reading to do.