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Being Sued by Kenosian and Miele and need help....


robnjesk
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Good luck with your fee waiving hearing, you can request to pay the court fee in small payments. if your husband can show and explain the reasons why he can't pay it at all or NOW. and REMEMBER you only have 10 days to, File a new request if the court found that your request was incomplete; OR Ask for a hearing to show the court more information. so keep moving forward. 

Just out of curiosity, what was the reason court listed on the Form FW-003? 

 

I went to the court today to file some papers and ask them his question:

Do I have to send them my proof of service or just file it with the court?  

I already sent the answer and had the proof of service filed.  If I have to send it to the lawyers I want to make sure to do that. 

They said i don't have to send it to the attorney as long i filed it with the court. and even if it's some discovery request i'm sending to the attorney, still don't need to. But I would have to make sure i keep the original POS handy because would need to file that with a motion if i were filing any as a proof that i did serve.

 

You are welcome as always!!

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@credit_limbo when this is all over we should meet up and have lunch or something.  Thank you so much for clarifying on the POS.  I really want to make sure I am crossing the t's and dotting the i's.  You are awesome and I so appreciate all your help. 

 

I am going tomorrow to file the fee waiving hearing.  They said that he earned too much money but I screwed up and should have just left it at my family gets medical, cause we do and that would have been the end of it.  My head is too full and I'm not thinkiing properly.  Saturday I went to the ER cause of a suspicious rash on my face and found out I now have shingles from all the stress, I am assuming from this lawsuit junk.  Im trying real hard to not stress and just take care of myself and heal but it is hard to do when I feel so presssed for time.  To add salt to the wound I received a call from Midland last night, have not clue what that is about but maybe round two.  Hubby wasnt here to take the call and all the rude man would tell me was that they were MCM and my hubby would know who they were real good very soon.  When it rains it pours right??? Maybe they bought the same alleged debt and that one will be easy.  I'm gonna wait and see.

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If they call back, I would record the call, google if ca is a one party state, or a 2 party. If your a 2 party, you need to tell them. He sounded abusive to me, and they have a habit of violating the fdcpa which you would be able to use if they file a suit against you.

Now I would study these 2 threads so you get more comfortable with the whole process.

http://www.creditinfocenter.com/community/topic/317277-how-i-beat-midland-in-california/

http://www.creditinfocenter.com/community/topic/320243-going-to-trial-in-california/page-15

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@credit_limbo when this is all over we should meet up and have lunch or something.  Thank you so much for clarifying on the POS.  I really want to make sure I am crossing the t's and dotting the i's.  You are awesome and I so appreciate all your help. 

 

I am going tomorrow to file the fee waiving hearing.  They said that he earned too much money but I screwed up and should have just left it at my family gets medical, cause we do and that would have been the end of it.  My head is too full and I'm not thinkiing properly.  Saturday I went to the ER cause of a suspicious rash on my face and found out I now have shingles from all the stress, I am assuming from this lawsuit junk.  Im trying real hard to not stress and just take care of myself and heal but it is hard to do when I feel so presssed for time.  To add salt to the wound I received a call from Midland last night, have not clue what that is about but maybe round two.  Hubby wasnt here to take the call and all the rude man would tell me was that they were MCM and my hubby would know who they were real good very soon.  When it rains it pours right??? Maybe they bought the same alleged debt and that one will be easy.  I'm gonna wait and see.

Sorry to hear all this is happening, seems like 2014 has been a bad year for you so far, but don't worry there's always a rainbow after the rain. so hang in there you can beat these scumbags. All it will require commitment and patience.

I don't know your personal life situation, i would recommend you schedule at least 30 mins each day for this case and read and understand as much you can. put a "DO NOT DISTURB" SIGN outside your bedroom door if you have to. knowledge is the best sword. 

Buy a jasmine infused green tea, drink that every night to calm you and will have restful sleep. 

 

Here's another nerd tip. if you use android phone and you (should always) ignore any unknown call, and then save the unknown  # under a new contact "collection" then choose that contact and on following screen, select menu key, and choose "options" on this screen check box next to "incoming calls, Send calls directly to the voice mail". if it doesn't make sense you can google the last sentence for your specific phone model.

This way you will never receive their calls after the first time, so if they use robo-call system and it leaves the message and you have a prove in case you wanna sue them later.

 

@shellieh98 in cali you do need other party permission to record a conversation, but as soon you tell these scums that call is being recorded, they hang up immediately. it's always best to ignore any call that's not in your contact list, if it's important let the person leave a voicemail. while you google that number to see who it was. 

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Be careful with any information coming from the court clerks. ANYTHING you file with the court you are supposed to send a copy to the lawyer. 

I was talking about the Proof of Service (POS) . Remember, while back when i called the court and was told to file POS even for the discovery, so the court will have it in case file. This week when i went to drop those off along with my CMC statement the court person said i need to keep the discovery POS. She didn't stamp "filed" my POS copies for CMC and i asked about sending one of those copy to the attorney and was told i don't have to. so maybe it's some local rule? 

It's better to be safe than sorry.

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  • 3 weeks later...

I am still here.  Dealing with a few personal things on top of this.  Actually I have not heard anything from them until today.  My husband had to go to a fee waiver hearing so I think that they were waiting until that went through to do anything. 

 

Today I received "Plaintiffs Request For Production of Documents, Set One" and a "Requests for Admission" neither of them filed with the court.  How do I respond to these?  Attached to these documents are a page where they want my husband to admit that he applied for the credit card, recieved the credit card, made payments, became delinquint, left a balance owing, received statements, admit balance due and that the plaintiff at all relevant times had and has all rights, title, interest and sole ownership to this credit card.  Attachement 2 are copies of statements from 2/2010 to 3/2011.  They have produced no signed contract and nothing starting from a zero balance to the alleged current balance.  How do I proceed???

 

Thank you everybody!!

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One completely awesome great thing did happen.  I filed a report with the Consumer Financial Protection Bureau because Midland already put something on my husbands credit report.  I received a letter back from CFPB telling me that Midland had responded to my dispute and that they were unable to verify the debt so they were closing the account, and there would be no further collection credit reporting or sales of this account in the future.  While it was a small victory and not one against Unifund it was a victory none the less. 

 

I have to give credit to all of you here because I would never have disputed anything.  With all the informtation that all of you have shared and written about I have learned a lot and followed your advice and it helped me to actually get somewhere.  I am so very grateful!!! Thank you, thank you!!

 

Midland said that they owned the other alleged citicard debt so if they could not verify is it safe to assume that Unifund as well will not have the documentation to verify as well?  I still have not seen a signed agreement....

 

Also I spent a few hours on here last night and came across a few people and their answers in reponse to the request for admissions but I don't know what answer to put where.  If I put in the eight requests for admissions and what I think would be acceptable answers could you guys let me know if they are and if not what I should put?  I really want to get the admissions page done and sent back as quickly as possible.  On this same topic do I have to respond to the request for documents since I have nothing to give them?  If I do how do I respond? 

 

Thanks again for all your advice, insight, knowledge and help.  I really appreciate it!!

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One more question as I am reading through these forums.... Is the Plaintiffs request for documents and their request for admissions with the years worth of statements attached and admissions page their answer to my request for production of documents?  I have not received a response from them in regards to that so that is why I am asking....

 

Thanks again!

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One completely awesome great thing did happen.  I filed a report with the Consumer Financial Protection Bureau because Midland already put something on my husbands credit report.  I received a letter back from CFPB telling me that Midland had responded to my dispute and that they were unable to verify the debt so they were closing the account, and there would be no further collection credit reporting or sales of this account in the future.  While it was a small victory and not one against Unifund it was a victory none the less. 

Good for you, well done. I would think that is fairly significant and sends a good message.

 

I have to give credit to all of you here because I would never have disputed anything.  With all the informtation that all of you have shared and written about I have learned a lot and followed your advice and it helped me to actually get somewhere.  I am so very grateful!!! Thank you, thank you!!

 

Midland said that they owned the other alleged citicard debt so if they could not verify is it safe to assume that Unifund as well will not have the documentation to verify as well?  I still have not seen a signed agreement....

 

It's never safe to assume anything. Not sure if unifund is the OC (have to read thread again) but if they are a bottom feeder they may not have much. They usually don't have anything, it's a matter of can they get anything or will they get anything.

Also I spent a few hours on here last night and came across a few people and their answers in reponse to the request for admissions but I don't know what answer to put where.  If I put in the eight requests for admissions and what I think would be acceptable answers could you guys let me know if they are and if not what I should put? 

We can. A general rule of thumb is deny everything and produce nothing (although when they ask you to admit the attached document are genuine that may be harder (depending on what they have actually attached)

I really want to get the admissions page done and sent back as quickly as possible. 

I would always use time against them, you don't need to rush (just don't be late) Send them discovery of your own if you haven't already. Request for production of documents.

On this same topic do I have to respond to the request for documents since I have nothing to give them?  If I do how do I respond? 

Yes you have to respond, but that is your response. The fact that you have nothing to give them and dispute the account.

Thanks again for all your advice, insight, knowledge and help.  I really appreciate it!!

You're welcome. Good Luck.

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One more question as I am reading through these forums.... Is the Plaintiffs request for documents and their request for admissions with the years worth of statements attached and admissions page their answer to my request for production of documents?  I have not received a response from them in regards to that so that is why I am asking....

 

Thanks again!

No it is not their response to your RFP, sometimes people end up thinking it is (which answers my question as to whether you sent them any). They owe you a response. If they are late send them a meet and confer letter telling them to respond.

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Yes, Unifund is a JDB and a bottom feeder.  With the requests for admissions they did the admissions page and copies of statements they allege were received by my husband.  How do I respond to the 14 copies of statements? Say that I have no recollection of ever receiving these statements???  I have seen nothing on here about this...

 

Here is the admissions part and my responses:

1. Admit that you applied for a credit card from CITIBANK, NA now bearing account number ****************.

No. 1: DENIED to the extend that no application was attached hereto for evaluation

 

2. Admit that you received a credit card from CITIBANK, NA now bearing account number ****************.

No. 2: DENIED to the extent that no admissible evidence establishing use of the unproven account was appended hereto for evaluation

 

3. Admit that you made payments on CITIBANK, NA credit card now bearing account number **************** within the last four years.

No. 3: Denied to the extent that no admissable evidence establishing use of the unproven account was appended hereto for evaluation

 

4. Admit that you became delinquint in the payments due on the CITIBANK, NA credit card now bearing account number ****************.

No. 4: DENIED to the extent that no admissable evidence establishing use of the unproven accoun was appended hereto for evaluation

 

5. Admit that you left a balance due and owing on CITIBANK, NA credit card now bearing account number ****************.

No. 5: OBJECTION No admissable evidence was attached hereto which would allow defendant to make an informed response.

 

6. Admit you received statements regarding the CITIBANK, NA credit card now bearing account number ****************.

No. 6:OBJECTION Argumentative and lacking in foundation.  No proof of receipt of the alleged document has been introduced.  Additionally, defendant cannot and is not required to verify the veracity of the plaintiff's proof. (Im not sure on this one since they sent copies of the statements that they allege I received)

 

7. Admit that the balance due and owed by you on the CITIBANK, NA credit card now bearing account number **************** as of (date) was $$$$$$$$$$$$.

No. 7:DENIED to the extent that no admissable evidence establishing use of the unproven account was appended hereto for evaluation.  

 

8. Admit that at all relevant times, Plaintiff has had and now has all rights, title, interest and sole ownership to CITIBANK, NA credit card now bearing account number ****************. (this statement takes the cake!!)

no. 8: DENIED Defendant owes Unifund nothing.

 

Does this all look good?  After this part is done I just need to know how to answer the 14 copies of statements they sent and get it all typed up.  I will take your advice Anon Amos and not rush. 

 

Thanks again everybody!!

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I have been looking and looking, searching so much my eyes hurt and my head is gonna explode from all the new information it has taken in but I have found NOTHING in regards to how to answer the genuiness of documents part of the request for admission.  Somebody please help!!! 

 

Thanks xThudx

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It's hard to say without seeing the document.

 

However, you most likely do not recognize it,or have (or know where) the original is to compare the alleged copy to, and therefore would have trouble going under oath to admit it is genuine. Especially if you have denied the complaint and demand strict proof (and plan to do discovery of your own (RFP's). Also documents prepared solely for the sake of litigation should be viewed as less trustworthy.

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The documents were 14 statements they allege my husband received which like you said he does not recognize and does not remember receiving.  Is that how I would respond?  The jdb has still not responded to my request for production of documents and I still have yet to see any signed agreement of this alleged account. 

 

Thank you so much for your response!  It took some of the pressure off of my ever expanding mind!

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If you don't recognize them or remember receiving them then you cannot lie and say  they are genuine.  You must DENY. You could elaborate and say you don't recognize or don't remember receiving them etc. It has the same effect as deny, but I think just a simple DENY has a nice ring to it and there is no mistaking what your position is.

 

You might also mention that "discovery is ongoing". I'm glad it took pressure off you, but remember to keep as much pressure on them as possible, those are the cases that are often dismissed.

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Just remember if it is a credit card case, there will be no signed agreement.  Acceptance and use of the card is the agreement.  They should however send you the agreement terms for that card.  It's not signed, but it is the agreement you consented to when you used the card.  It should be for the year the account was opened, and include any ammendments while the card was in good standing.

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I finally received their response to my production of documents and I have a few questions that I am hoping somebody can answer for me. 

 

1.  They objected to each demand for a number of reasons which I assume is normal???

2.  They did respond with two exhibits.  The first being three bills of sale and assignment.  One they state is from Citibank itself and the other two are from other jdb's.  The thing I am confused about is that all of these bills of sale are dated one day apart.  Is this normal? 

3.  When a oc charges off the debt is that when it is first sold and not in their control anymore? 

4.  The other exhibit is the same set of alleged statements that they sent in their pod.  I still have not been sent the agreement terms or amendments for this alleged card.  How do I let the lawyers know that I want the agreement terms and admentments?

 

Thank you all for your help.  You have no idea how much I appreciate all the knowledge that you share!!!

 

Jess

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The documents were 14 statements they allege my husband received which like you said he does not recognize and does not remember receiving.  Is that how I would respond?  The jdb has still not responded to my request for production of documents and I still have yet to see any signed agreement of this alleged account. 

 

Thank you so much for your response!  It took some of the pressure off of my ever expanding mind!

Agreed with @shellieh98 but the card agreement is only one part, there is a bigger hole in their evidence, the bill of sale, and it's terms between OC and the 1st JDB, then different terms between 1st JDB and UNIFUND. How and why would OC give its confidential Business work product to Unifund when they have no interest in your hubby & his $$. Also Unifund needs to pay for every doc they request from OC.
 
As @Anon Amos You might also mention that "discovery is ongoing". I'm glad it took pressure off you, but remember to keep as much pressure on them as possible, those are the cases that are often dismissed.
 
add/copy the text from that paragraph like that about discovery is ongoing.
 
Here's a sample docs you can see how to answer on pleading about the Admission geniuness of the docs, 
 
You can answer to the geniunnes using this line: 
Defendant cannot admit as they are not my documents and therefore deny on that basis. 
or the long response
Without waiving that objection, Defendant has no such statement in his/her records, and has no first-hand knowledge of the accuracy of the records in Exhibit # / line #. Defendant is unable to attest to the validity of the Exhibit # / line #.
 
(remember Unifund needs to bring someone from OC to verify the geniuness, not you, more time and money Unifund needs to spend).
 
that's the one thing i'm fighting them and keeping them busy, by having them produce docs, and making them think i know the CCP rules too and understand CA jury instructions (CACI). eventhough you won't be having a jury trial but this explains what CACI is about http://www.saclaw.org/pages/jury-instructions.aspx
 
sorry for the late reply, didn't have internet access. hopefully these are helpful to you. 
 
Best of Luck!!
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Thank you so much @credit_limbo.  Your post was very informative and helpful.  I still have not sent my answer to their POD or RFA yet.  I am waiting a little bit to do that.  Besides I am glad I waited cause now I am going to change the wording to a few of my answers.  I really wish this was over already but I am up for the challenge and refuse to let them bring me down (or my hubby).  I appreciate everybody here so very much and love the support and guidance that everybody shares.  It is a great community of awesome people.  :)

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