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Thank all of you for the abundance of information posted here. I'm very grateful and have some hope that this will be settled soon. I have about 2 weeks to file a denial. I'm very confused with the terminology and writing here, legal language is not my thing. I'm going to keep reading and studying but I'm very short on time.

 

If anyone could help me with the specifics and tell me how to file the denial, ccp, BOP, and other documents so that a dummy could understand that would be a huge help. I don't even know how to fill out the POS or who it's sent to!

 

I'm not sure if I was legally served either, since some lady just threw a stack of papers on my dads doorstep without an envelope. That doesn't seem right.

 

Also, after those are filed with the court how long do I have until I need to respond again, or appear somewhere? I won't be back until the end of July. Thank you in advance!

 

 

 

 

 

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, Attorneys at Law

3. How much are you being sued for?

$4k

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

US BANK, who sold the account to Plaintiff.

5. How do you know you are being sued? 

Left a stack of papers on my parent's porch, no envelope.

6. How were you served? 

I'm not sure if I was.

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

I don't know.

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?

CALIFORNIA, SONOMA is where my parents lived, however I do not. The summons says "defendant  lives here now."

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


11. What is the SOL on the debt? 

4 YRS

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 called the court, they said the case was filed and refused to give me any other info. 

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. I don't think I received a questionnaire, The paperwork I received is confusing. I'm being sued on 

CC-1 
COMMON COUNTS, within the last four years, an open book account for money due because an account was stated
In writing by and between plaintiff & defendant in which it was agreed that defendant was indebted to plaintiff.
Within the last four years for goods, wares, and merchandise sold & delivered to defendant & for which defendant promised to pay plaintiff the sum of $4,xxx.xx for money lent by plaintiff to defendant at defendant's request. For money paid, laid out, and espended to or for defendant at defendant's special instance and request.  

CC-2 $4,xxx.xx, which is reasonable value, is due & unpaid despite plaintiff 's demand, plus prejudgment interest at the rate of 0.0000% per year from date Jan 31, 2013

 

CC-4 Plaintiff purchased the account from the original creditor or its successor(s) in interest. Plaintiff is the current owner of the account.

16. What evidence did they send with the summons? An affidavit? Statements from the OC? 

NO EVIDENCE AT ALL.

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I successfully beat back H&H two years ago.  Like you I too was "sewer served" a fact that I chose to ignore.  Instead I responded to the suit in a timely manner and filed multiple discovery requests within two months of being served.  They made a lot of costly mistakes, never served me with any discover requests of their own, and four months in, dismissed their lawsuit without prejudice. 

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Couple of things,

 

First: To be clear, you do not live in Sonoma county at all? When a debt collector sues a person for consumer debt, according to the FDCPA (section 811), they are supposed to file suit in one of two counties: the county where the contract was signed or the county where you live.

 

Second: was the complaint verified? > was there a section attached to the complaint that is a declaration under oath or upon penalty of perjury that the complaint is true.

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I successfully beat back H&H two years ago. Like you I too was "sewer served" a fact that I chose to ignore. Instead I responded to the suit in a timely manner and filed multiple discovery requests within two months of being served. They made a lot of costly mistakes, never served me with any discover requests of their own, and four months in, dismissed their lawsuit without prejudice.

Good to hear. So file the denial now and then the discovery requests need to be within 2 months? Is there a post about how to file discovery requests on here?

Thanks Skippie

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Couple of things,

First: To be clear, you do not live in Sonoma county at all? When a debt collector sues a person for consumer debt, according to the FDCPA (section 811), they are supposed to file suit in one of two counties: the county where the contract was signed or the county where you live.

Second: was the complaint verified? > was there a section attached to the complaint that is a declaration under oath or upon penalty of perjury that the complaint is true.

I do not live in Sonoma county, my parents do.

I do not recall ever signing anything for any credit cards, they just offered them to me over the phone. I guess it's a common practice to target college students.

There is a page called "statement of location/venue" which claims-

X__5. Defendant resides in this judicial district. The address of the defendant is: ******

"I declare under penalty...etc" is written below. So yes, it looks to be verified.

Thank you Ryan

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What county do you live in? And no that's not a verified complaint, it is usually either on a separate sheet, or top right of the complaint. It is usually on debts over 25k, but some have been known to do it on smaller debts to trip up the consumer

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I'm being sued by H&H, also on behalf of Portfolio, also with an Original Creditor of US Bank.  Looks like we have a lot of similarities in our cases.  I am also located in California (Sacramento).  Look up my Thread for some additional help.  This is where I'm at so far:

Sent them a Bill of Particulars (with a POS)

Sent & Filed a General Denial (with a POS)

Now, funny thing is all of the paperwork they sent me has my maiden name on it (which it hasn't been since 2008) and my old address (parents house, haven't lived there since 2005).  I filed and responded to them with my new address, which is where they eventually served me.  EVERYTHING I sent has my new address.  My dad just called me up yesterday saying they mailed something to their house.  Yet again.  I don't know if I should go over and look at it or just have my dad send it back to them.

Bottom line is I feel like they are REALLY stupid and lazy, and if you put up a fight you will come out ahead.  I will keep you posted on my journey and if I can give you any input/advice I will.  I'm several weeks ahead of you with deadlines so that should be helpful  :)  Best of luck.  I know it's intimidating.

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@John4600 Since you don't live in Sonoma, and since there would be no signed contract that originated in Somona, then I think this is good news for you.

 

Someone please correct me if I'm wrong here...#1 you have a up front defense against this lawsuit because they filed in the wrong county. You can use that to beat the lawsuit without going thru the usual playbook most of us have to go thru. Now in the process of proving you do not live in Sonoma you'll probably reveal what county you do live in and your current address, meaning that they can now refile in the correct county since you are still well within the SOL... however, filing suit against you in the wrong county is a FDCPA violation so... #2 You can pursue an FDCPA claim against them ($1,000) for violating Section 811. Get yourself a lawyer for this and they may be on the hook for attorney fees as well. You can hit them back, cost them some money, and then deal with the potential refiled suit in your actual county, or you can use the FDCPA violation to leverage them into dropping all action against you, now and in the future, and getting that particular debt buried for good.

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What county do you live in? And no that's not a verified complaint, it is usually either on a separate sheet, or top right of the complaint. It is usually on debts over 25k, but some have been known to do it on smaller debts to trip up the consumer

Ok then it's not verified. Thanks for the clarification shellieh.

And I'm in San Francisco county.

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I'm being sued by H&H, also on behalf of Portfolio, also with an Original Creditor of US Bank. Looks like we have a lot of similarities in our cases. I am also located in California (Sacramento). Look up my Thread for some additional help. This is where I'm at so far:

Sent them a Bill of Particulars (with a POS)

Sent & Filed a General Denial (with a POS)

Now, funny thing is all of the paperwork they sent me has my maiden name on it (which it hasn't been since 2008) and my old address (parents house, haven't lived there since 2005). I filed and responded to them with my new address, which is where they eventually served me. EVERYTHING I sent has my new address. My dad just called me up yesterday saying they mailed something to their house. Yet again. I don't know if I should go over and look at it or just have my dad send it back to them.

Bottom line is I feel like they are REALLY stupid and lazy, and if you put up a fight you will come out ahead. I will keep you posted on my journey and if I can give you any input/advice I will. I'm several weeks ahead of you with deadlines so that should be helpful :) Best of luck. I know it's intimidating.

Thanks so much quisait! You make it sound like a cakewalk.

I'll check out your post. And sent H&H the bill of particulars with pos, is that how it's done? Or does it go through the court.

I think I've got this but I'm running out of time and still unsure of myself. I don't want to send out the wrong paperwork or to the wrong address.

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Scholar Google shows references to these CA cited cases (which are not accessible from Scholar):

 

Bautista v. Hunt & Henriques, 2012 W.L. 160252 (2012)

 

Owings v. Hunt & Henriques, 2010 W.L. 3489342 (2010).

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@John4600 Since you don't live in Sonoma, and since there would be no signed contract that originated in Somona, then I think this is good news for you.

Someone please correct me if I'm wrong here...#1 you have a up front defense against this lawsuit because they filed in the wrong county. You can use that to beat the lawsuit without going thru the usual playbook most of us have to go thru. Now in the process of proving you do not live in Sonoma you'll probably reveal what county you do live in and your current address, meaning that they can now refile in the correct county since you are still well within the SOL... however, filing suit against you in the wrong county is a FDCPA violation so... #2 You can pursue an FDCPA claim against them ($1,000) for violating Section 811. Get yourself a lawyer for this and they may be on the hook for attorney fees as well. You can hit them back, cost them some money, and then deal with the potential refiled suit in your actual county, or you can use the FDCPA violation to leverage them into dropping all action against you, now and in the future, and getting that particular debt buried for good.

How do I prove that I live elsewhere? I'm not on any lease in SF. Also I'd rather not reveal my address to H&H. I'm not trying to win money in a case I just want them to drop everything and go away so I can fix my credit. Maybe I'll talk to a lawyer about this.

Thank you.

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Scholar Google shows references to these CA cited cases (which are not accessible from Scholar):

Bautista v. Hunt & Henriques, 2012 W.L. 160252 (2012)

Owings v. Hunt & Henriques, 2010 W.L. 3489342 (2010).

Not accessible?

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Thanks so much quisait! You make it sound like a cakewalk.

I'll check out your post. And sent H&H the bill of particulars with pos, is that how it's done? Or does it go through the court.

I think I've got this but I'm running out of time and still unsure of myself. I don't want to send out the wrong paperwork or to the wrong address.

 

According to your 1st post you have about 2 weeks left to file your answer. Since the H&H complaint is unverified, you can use the one page general denial, which is a pretty simple form. It all might seem like a big deal now, but once you learn a bit more it'll get more comfortable for you. You can send out a BOP before you file your answer.

 

Is there an online case file for this? if yes, can you look at the documents? Keep an eye out for the Proof of Service and check it out if you can. Obviously the server didn't serve the complaint properly - for now you should assume they are claiming personal service and you only have those 30 days to respond. However, when the POS is filed, check it out and see if they are claiming Substitute Service, if they are then you have more time to answer. Substitute service requires them to also send a copy of the complaint to your parent's address via the mail, a POS should be included if that happens.

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How do I prove that I live elsewhere? I'm not on any lease in SF. Also I'd rather not reveal my address to H&H. I'm not trying to win money in a case I just want them to drop everything and go away so I can fix my credit. Maybe I'll talk to a lawyer about this.

Thank you.

 

Yes, you would probably have to reveal your real address if you went that route. I have not dealt with H&H, I only know that, for the most part, these JDBs push these cases all the way to trial or to the edge of trial, so you should assume you'll be fighting them the whole way thru. It is unlikely they will offer to drop the case for anything more than something like a 30 or 40 percent discount. If you fight this properly and they flat out give up just before trial, they may still have time on the SOL and may refile - so a countersuit for filing in the wrong county may be the only leverage to get them to leave you alone. You'll have to weigh your options.

 

Look at naca.net, which can point you in the direction of a local consumer lawyer that may be able to help you.

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According to your 1st post you have about 2 weeks left to file your answer. Since the H&H complaint is unverified, you can use the one page general denial, which is a pretty simple form. It all might seem like a big deal now, but once you learn a bit more it'll get more comfortable for you. You can send out a BOP before you file your answer.

 

Is there an online case file for this? if yes, can you look at the documents? Keep an eye out for the Proof of Service and check it out if you can. Obviously the server didn't serve the complaint properly - for now you should assume they are claiming personal service and you only have those 30 days to respond. However, when the POS is filed, check it out and see if they are claiming Substitute Service, if they are then you have more time to answer. Substitute service requires them to also send a copy of the complaint to your parent's address via the mail, a POS should be included if that happens.

Ok, Just to confirm though, I send the BOP and its POS to H&H, not the court? I'm still confused.

 

I can't find anything online, the case number yields no results.

 

They sent the same stack of papers in the mail already. It says "served in person", no POS came with it. They sent me a letter as well trying to get me to settle and saying that I was served.  

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Ok, Just to confirm though, I send the BOP and its POS to H&H, not the court? I'm still confused.

 

I can't find anything online, the case number yields no results.

 

They sent the same stack of papers in the mail already. It says "served in person", no POS came with it. They sent me a letter as well trying to get me to settle and saying that I was served.  

 

Okay, forget what I wrote about substitute service.

 

Yes, the BOP only needs to go to the plaintiff (with a proof of service) and should be sent Certified Mail Return Receipt Requested (CMRRR for now on) - the BOP doesn't get filed with the court. Same thing when you make discovery requests later on > only to the plaintiff.

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Okay, forget what I wrote about substitute service.

 

Yes, the BOP only needs to go to the plaintiff (with a proof of service) and should be sent Certified Mail Return Receipt Requested (CMRRR for now on) - the BOP doesn't get filed with the court. Same thing when you make discovery requests later on > only to the plaintiff.

Thank you Ryan, I understand now.

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Are there any posts on here that explain in detail how to properly do a POS? I don't want to mess it up.

If someone could point me in the right direction that would be very helpful. Thank you.

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Are there any posts on here that explain in detail how to properly do a POS? I don't want to mess it up.

If someone could point me in the right direction that would be very helpful. Thank you.

 

POS-030, link is below.  It comes with instructions.  Ask if they don't make sense.

 

http://www.courts.ca.gov/documents/pos030.pdf

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@string so a friend signs it, do they mail it from their address as well?

Or just toss it in the envolope signed by another party and mail it CMRRR from my address?

Thanks so much!

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Doesn't matter where it's mailed from; your friend will put their own address at 2.  I'd have the Return Receipt sent to me.

 

You (or your friend) will likely actually mail it from the post office.

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Doesn't matter where it's mailed from; your friend will put their own address at 2.  I'd have the Return Receipt sent to me.

 

You (or your friend) will likely actually mail it from the post office.

 

When I did mine, the return receipts were available for viewing/download from the USPS website (by using the tracking number, of course).

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Thank you @string and @RyanEX

I have both the general denial and BOP prepared each with a proof of service. I'll send them out tomorrow.

*General denial goes to both the court and plaintiff, with different POS for each.

*BOP goes to plaintiff only with POS.

Please correct if I am mistaken.

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