mamabear

Being sued by PRA in CA on more than one

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DO NOT trust the clerks. Look in your local rules, or call a law library and ask them. I find it very hard to believe  you can't file it at the counter. I would want a STAMPED copy from the  clerk. You need proof you answered the complaint. It's the Peoples court. Having to drop it off in a box with no proof you filed an answer goes against "Due Process" (in my opinion).

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DO NOT trust the clerks. Look in your local rules, or call a law library and ask them. I find it very hard to believe  you can't file it at the counter. I would want a STAMPED copy from the  clerk. You need proof you answered the complaint. It's the Peoples court. Having to drop it off in a box with no proof you filed an answer goes against "Due Process" (in my opinion).

Okay I will get on this today and see what I can find out before I go down there. Grrr!

 

 

Thank you so much! I will read this thread today at work. This is where I now spend my breaks and lunch lol. 

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DO NOT trust the clerks. Look in your local rules, or call a law library and ask them. I find it very hard to believe  you can't file it at the counter. I would want a STAMPED copy from the  clerk. You need proof you answered the complaint. It's the Peoples court. Having to drop it off in a box with no proof you filed an answer goes against "Due Process" (in my opinion).

My court really doesn't accept answers at the counter :/

Answers and Responses

Answers and responses for Unlimited and Limited Civil cases excluding Limited Civil Unlawful Detainer cases may be mailed or dropped off at the Civil Unit at 720 9th Street, in Room 102. Answers can be submitted on pleading paper and must be in conformance with California Rules of Court, rule 2.100 - external link, or may be submitted on a Judicial Council - external link form. Defendants and respondents in Unlimited or Limited Civil cases have 30 days from the date of service of the summons and complaint to file an answer or response, along with appropriate filing fee or fee waiver, and proof of service pursuant to California Rules of Court, rule 3.110(B), or a default judgment may be entered.

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It says they "may" be dropped off or mailed. It does not say they "shall" be; nor does it say they can't be filed at the counter. I would still be surprised if you can't file at the counter.

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I would think that you can walk in and file the answer. I would also feel more comfortable calling someone at the law library over the court clerk.

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Thank you so much for clearing that up for me! I sent the BOPs 5/5/14, so I have it marked that I should receive a response on or around 5/20/14. I am filing my answer next week on Tuesday or Wednesday, it is due Friday... eek! I have anxiety over how the answer packet is supposed to be put together! I need to call the clerk again.

There's no specific order, you simply have your answer on the top and POS page the very last page. i used form  POS 30 for ease of fill able pdf and left the docs name, and date part blank and made 20+ copies and just wrote the docs by hand that way i don't have to keep typing up my name, case #, lawfirm, name and address. makes lil easier.

I called last week and they do not accept fax filing, nor does the clerk accept it at the counter. I have to use the drop box and date stamp it before putting it in. I really would rather go to the counter and have them walk me through it... ugh.  :waah:

well if there's a stamp machine on the wall you will just stamp the front page of all three copies you would've brought to the court house, you will leave one in the dropbox, mail one to the attorney and keep one for your own record.

 

I have been focusing on researching discovery the past few days. I have bookmarked astmedic's, homelessincalifornia's, helpme's and several others threads, but I keep seeing references for a 1111girl's thread and I am having trouble finding it. Can anyone help me find it? I don't know why I can't find it and it is frustrating! Thanks! 

you getting ahead of yourself, just focus on filing your answer, and take a deep breath, calm down.

 

Here't the timeline if it will help you calm down;

1- Mail BOP

2- file your answer with the court along with POS and mail them a copy of it via CMRRR

3 - start working on meet and confer letter (rough draft or use one the templates on Astmedic's or HIC thread)

3- you will receive their response or Objection to your BOP request

4 - send them Meet and confer letter  with POS (you will get nothing or maybe few more statements)

at this point it would be 45+ days out after you have filed your answer. 

5- you can file a Motion to compel the BOP or sit on their insufficient response and when they serve you their RFPOD, RFA you  will object on the grounds that you requested BOP and up to that day you have not received sufficient response and will deny and would be unable to comply with the request.

6-you will have a Case management conference around  90 days after you file your answer at which is nothing to be stressed about. Judge might schedule a trial date then and will see that you've a MOTION hearing and you can request to have your trial date set after the Motion hearing.

 

 

MAKE SURE YOU HAVE SEND THEM A COPY OF POS NOT THE ORIGINAL OR WHOEVER IS SIGNING THE POS SIGNS BOTH COPIES, I MADE A MISTAKE IN COUPLE OF MY POS WHERE I SENT THEM ORIGINAL AND KEPT THE COPY FOR MYSELF. BUT NOW I DO OTHER WAY AROUND.

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I guess some courts have a stamp machine. That's not too bad if that's the case, at least you will have a stamped copy of your answer.

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Its a date stamp and I stamp the back side of the last page. But when the clerk stamps it, don't they stamp the front? I guess I could also use the same date stamp to stamp my copy while I'm there too.

I have a question now on my general denial form...I have just filled in my name in box 1 and plan to sign and date when I go to file. But then during research I saw that astmedic had checked box 2 and used these affirmative defenses:

1. Defendant denies every allegations made by the Plaintiff in the Complaint.

2. Defendant reserves the right to amend and/or add additional Answers, Defenses and/or Counterclaims at a later time.

So now I'm unsure if I should stay with my original plan or now move to plan B with the above affirmative defenses? Please, any advice would be much appreciated!

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affirmative defense # 1 would have been covered anyway with the general denial as that is what a gen denial is; you are denying the allegations.

 

Affirmative defense #2 is really not an affirmative defense at all. Also; you can't actually "reserve" the right to add counterclaims etc. People do often state things like this (which is fine) but specific codes and statutes are in place establishing what you have a right to do and when you can do it.

 

If you have an affirmative defense or a cross complaint (which you may or may not have) NOW is the time to assert it.

 

I wouldn't be too concerned about the stamp, play it by ear, just get it stamped.

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I have spent the majority of the last three days researching affirmative defenses and pouring over threads. I read the homelessincalifornia thread from end to end along with a few others. Wow there is so much information in the homeless thread!!  Through my searching I was able to do a rough draft of a M&C letter that I found from calawyer for my BOP as well. The BOP responses are due from back on 5/20/14 and I did receive the green card receipt in yesterday's mail that they received both on 5/8/14. I was excited to get that and promptly filed both in my lawsuits binder!

 

As for my affirmative defenses, I am still not sure on what to do :/. I believe the only one I could use is lack of standing. SOL doesn't apply for either case. I have read SO MUCH that some people advise against using any AD and just go with the general denial and others advise to use as many AD as possible. I think at this point I am just going to stay with my original plan of using just the general denial and denying everything. I will continue to research the AD topic as I am still a little lost on it. I did gain a lot of information over the last few days though and found so many answers to questions I had in the beginning. I LOVE this site and all these people that have been here for YEARS are just amazing! 

 

So now for the next couple of days I will continue my AD research. I am going to the court house and filing on Tuesday or Wednesday at the latest. It is due Friday at the court. I finished my fee waiver this weekend. I am asking for monthly payments so I had to fill out the financial information sheet which took forever! And since this is superior court, I had to fill out the fee waiver order for superior court as well.Totally sucks $225 each case and I make way too much money for their cut off which is ridiculous. Somehow being a single mom and living paycheck to barely next paycheck, I still make too much for any kind of help. Blows my mind. I did include the attachment to the fee waiver, mc25 I believe, regarding my daughter's hospitalization and I am really hoping they approve me for monthly payments. Should I also add I have TWO cases I am currently a defendant in and have to pay filing fees on? 

 

I have a rough draft of a M&C started for the BOP depending on either a limited response or none at all. As soon as I file my general denial, I will get back to researching starting my discovery. 

 

Oh and I found out through researching my local court that as of 1/1/14 they DO NOT do CMC for limited civil cases anymore! I don't know if this is my court only or across the board of California? Does anyone know? I am curious at what point then I should find out who my judge will be so that I can start researching information on the judge. I found and bookmarked some websites for information on judges! 

 

Thanks again everyone!

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There is  a section on the fee waiver where you can list special situations why it should be granted (if you make too much $), you could list the fact that your daughter was hospitalized and that you have to pay for 2 cases and that is going to cause a financial burden. Or, after you beat theses cases you can get your fees reimbursed.

 

Lack of standing (In California) does not have to be asserted as an affirmative defense. If you file  a general denial you are denying all the allegations of the complaint (that would include standing). Also; standing can be challenged at any time, and if plaintiff lacks standing to sue then the court lacks jurisdiction to hear the case. You would probably be better served spending time learning something other than affirmative defenses (like rules of evidence etc,). If SOL does not apply; you really do not have to assert an affirmative defense.

 

A lot of courts no longer have CMC's. You might be able to ask the clerk who the judge will be, or if a judge has been assigned yet. You are doing good so far, keep it up.

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Thank you so much @Anon Amos!

 

I am filing a general denial PLD-050 on Wednesday, along with a superior order fee waiver FW-003, and the fee waiver FW-001, asking for monthly payments. I filled out the MC-025 attachment for the financial hardship. I will be filing the original copies along with the original proof of service POS-030. I have included a SASE and civil document cover sheet as required by my court if I must use the drop box. I will try the counter first.

 

I will be mailing a copy of the general denial along with a copy of the POS to plaintiff's attorney H&H. 

 

I started reviewing rules of evidence like you suggested, anon amos. This is about as foreign to me as when I first started reviewing Cali code of civil procedure, which I am starting to become more familiar with! Is there anything else that I should be researching now? I am still reading up on Discovery too. Should I focus on one more so or no? I feel like I am still lost on Discovery, so I think I should be reading up on that as I think that should be coming up here soon. I have already drafted my M&C for the BOP's so I think I am good there. 

 

Ahhh thank you, I couldn't have gotten this far without the help of all of you! Thank you so much!

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Sounds good. We will help direct as you go on with the case. Keep discovery short and simple and only if the BOP is in sufficient. It will be easier to work with the BOP for a while. The discovery would probably just be request for production of documents (an example is on ASTMedic's thread).

 

The rules of evidence that pertain to you are Hearsay, business records exception to it, best evidence rule, rule of completeness, and rules of authentication. Read the motion in limine (MIL) examples here (ASTMedic's, Homeless and a few others) it will help make sense of it. Don't overload and burn your self out on it. Learn over time as you wait on their responses. Keep pressure on them, make theses cases hard on them as well, and you have a good chance they will dismiss.

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Do you have 2 cases against you with 2 case #'s or is it 1 case claiming 2 amounts? This thread reads like it's 1 case with 1 amount (not sure what I missed).

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Yes, two different case #s and two different dollar amounts, but everything else is identical....the plaintiff, the attorneys, the OC, the charges...ugh!

Hopefully since I am fighting back on both cases with same plaintiff's and attorney's that this works in my favor. I was almost tempted to mail my BOP for each case in same CMRRR envelope, but shellieh98 advised to keep them separate and I'm glad I did! Better to treat them separately just as they are separate cases!

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Yes, I was actually going to suggest that you may be better off that they are 2 cases (but wanted to make sure I had the facts). They did you a big favor by keeping the cause of action / common counts the same in both cases. It really won't be twice as hard for you. If you can keep pressure on them and convince them it's not worth pursuing, they may drop them both. It's not likely they will think you are going to fight one and not the other. Use the 2 case to your advantage and against them, you can really keep them busy on this.

It's like learning how to tie shoes. Once you've figured out the first one; it doesn't take much effort to tie the second one.

Shelieh steered you in the right direction. This really is something you can handle, and you are in good hands.

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I filed my answer in the drop box today at the court house. I am anxiously waiting for it to appear online as accepted.

 

When I got home today I had two letters from H&H regarding the BOP. They referenced a different plaintiff on both letters for each case as: Citibank (South Dakota) N.A. v. mamabear. The suits are filed under Portfolio Recovery Associates, LLC v. mamabear and the OC is General electric capital or a predecessor in interest. The case numbers are correct though on the BOP response. 

 

H&H is asking for a 45 day extension. They state the documents I requested have been ordered but have not yet been received in their office. Copies of the printouts will be forwarded to me as soon as they receive them. Generally it takes approximately 45 days to receive documents at their office. Therefore, they are asking for a 45 day extension to respond to my BOP demand. 

 

And then they say to call them if I have any questions or to discuss settlement. Yesterday I received two settlement offer letters from them in the mail. The settlement letters do reference the same plaintiff and OC as in the suits. I guess they had a brain fart when it came to the BOP response.

 

I have rough drafts of M&C done for a BOP denial response or for no response. But I am really not sure how I respond to their request. Do I still send a M&C because the name of the plaintiff has now changed and allow the 45 days??? I am really not sure! Help please! Off to more research I go!

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I wouldn't mention the different plaintiff names.

 

It's a judgment call on your part whether or not you agree to give them longer to respond to the BOP. A judge may prefer you do work with them a bit, but 45 days is  excessive. I would send a meet and confer letter stating that you plan to litigate actively and in good faith, and will stipulate to more time. However, 45 days is over four times the amount given by CCP 454.  I think 12 - 20 more days is plenty (especially considering today's technology), and more than they deserve. Also, they can always reserve the right to dismiss without prejudice and file again when they get it together.

 

If it were mine; I would want to be the one controlling the dynamics of the case, and I would have them answering to me (as much as possible). I would work with them a bit ( to please the judge, and show a good faith effort) but I would not accept the 45 day idea.

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I sent out the M&C today for each case in response to their extension request. Thank you @Anon Amos.

 

AND I just found out today that PRA has filed a THIRD suit!!!!!!!!!!!!!!!!!! My heart is racing right now. It's another filing fee when my water heater is going out now, my daughter is recovering from her broken arm and I now have several medical bills coming in, and I just filed my answers on my two cases last week with a filing fee of $225 each. F me right now! HAPPY BIRTHDAY TO ME!

 

I found out about the third suit because some debt settlement sent a letter and I noticed a different case number and filing date. Totally sucks right now. I will have to try to not be served for a few weeks. 

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The third case is a bit different than the other two cases. This one has no outside attorney listed, only several attorneys listed for an address at PRA in Norfolk, VA.

 

It's common counts and the other box is checked:

BEFORE COMt\/IENCEMENT OF THIS ACTION, PLAINTIFF INFORMED THE DEFENDANT(S) IN 
WRITING IT INTENDED TO FILE THIS ACTION AND THAT THIS ACTION WOULD RESULT IN A 
JUDGMENT AGAINST DEFENDANT(S) THAT WOULD INCLUDE, IF APPLICABLE, COURT COSTS AND 
NECESSARY DISBURSEMENTS ALLOWED BY CCP SECTION 1033(B)(2). 
 
And then another notice under damages advising of whom I am to send letters, payments, etc. The damages are $3k and they have included Mamabear and DOES 1 to 25 for defendants. 
 

The charges are account stated only so I guess I can't send a BOP on this one, correct? Or I could but they will say the BOP doesn't apply to account stated only. 

 

Paragraph CC-4 other is checked:

$3K which is the fixed and agreed amount due and unpaid despite Plaintiff and its assignor's 

demand for payment. The account was purchased from the original creditor GE CAPITAL RETAIL 
BANK / GENERAL ELECTRIC CAPITAL CORP / BIG SANDYS SUPERSTORE. Plaintiff is the 
assignee of the account. 
 
They included a Declaration of Venue which almost looks like a verification too:
 
I, the undersigned, declare as follows: 
 
1. I am an attorney at law duly admitted to practice law before all courts in the State of 
California, and I am an attorney for PORTFOLIO RECOVERY ASSOCIATES, LLC (hereinafter 
"PLAINTIFF"). In that capacity, I am personally familiar with the facts set forth in tliis declaration. If 
called as a witness, I could and would testify under oath to the following. 
 
2. The Defendant(s), or some of them, reside in the above-cited Judicial District at the start of 
this action. The address which qualifies this case for filing in the above-designated district is: Mamabear's address.........
 
3. The obligation sued upon is not commercial in nature and is not subject to the provisions of 
Civil Code §2984.4 nor Civil Code §1812.10. 
 
4. The undersigned declares that the above-entitled matter is filed for proceedings in the 
Sacramento District of the Superior Court pursuant to CCP §395(B)
 
I declare under penalty of perjury, under the laws ofthe State of California, that the foregoing is true 
and correct. 
 
Executed on March 17, 2014 at Sonoma/Los Angeles/San Bernardino/San Diego, California. 
 
And they asked for reduced filing fees. How nice. And the OC is almost the same too except this one includes big sandy's superstore in the name. Weird. 
 
I am getting my Bill of Particulars together for this new case. Unless anyone advises that I shouldn't bother sending one on this case? If the declaration of venue is strictly just that, then I think I will file a general denial on this one as well. 30 days after I am served of course. 

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Also you sure they've filed the 3rd case with the court? Does this summon has "filed" stamp by the court house? i would wait until they serve you, to send BOP. then it won't hurt, let them Object and make them work.

 

you can send DV letter to the now instead of BOP.

 

 

I'm surprised that you didn't qualify for fee waiver, you could have appeal hearing to explain the judge why it would be hardship on your family. 

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Yeah, unfortunately it is stamped by the court. I pulled up the case online on the court website and got all the documents. I'm just waiting to be served now. :(

I make too much money over their income guidelines. I don't understand how they expect people to live. I did apply for a fee waiver asking for monthly payments. I'm praying for it to go through. I need that money to buy a new water heater now. Sucks. And then soon another $225. Dang, that's what $675 in court fees for the 3 cases.

Well, I'm on the wrong side of karma right now.

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