justan00b

Being Sued By Resurgence Legal Group In CA. Please Help!

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Hi all,

 

  I'm a new user here, and new to all of this, (hence my user name) so please forgive my ignorance, because I'm sure there is a lot of it. Anyhow, I'm in Southern California, and about two weeks ago, a man came to my house and wanted to give me papers. I never identified myself as the person they were looking for (nor did the words "served" or "you've been served" ever come out) and the man just dropped off the papers and left. Now I spent the last two weeks doing research on what to do (I don't have an income but my wife does, we don't own our house nor our cars, no really significant assets) and/or who to contact.

 

Fast forward to today, and the same guy comes back asking for my wife. Turns out it's the same legal firm, for the same company (Absolute), for the same card issuer (Capital One), but for an amount that is about four times the amount they are suing me for ($3,200/$900).

 

So what information should I provide here? I'm not entirely opposed to paying the debt, but I hate to line the pockets of a random junk debt buyer. The first summons was brought here on September 10th (says the summons was issued on August 29th) and then the second one (for her) brought here today (issued September 10th).

 

I don't have the money to file an answer. We don't have much income after we pay the necessities (rent, car payment, car insurance, utilities) and our son is special needs. Not sure if that matters or not, but I heard I could possibly get the fees waived? I don't want to ignore these and have $4,000 turn into $10,000 and have wages garnished.

 

I check the SOL and it looks like they filed the suit a few days before it was up. They attached evidence such as a statement showing my last owed balance along with a payment (both in 2010 one for each card) and a form that showed they purchased the debt from Capital One for $32 million dollars (hers said $12 million). The amount they paid for the debts is blacked out. There's also a form from the CEO of the company saying they took ownership of the debts. Our account numbers aren't anywhere to be seen, except of course on the statements.

 

There's also a notice at the back that says we can avoid court by calling in and arranging payment, along with another series of papers asking for a reduction in the filing fee for $44. Not sure what that is about. Both cards have a combined interest/fees amount of $600-$700.

 

Both lawsuits say a hearing is scheduled for 2017 in Chatsworth courthouse. Not sure why it's so far in advance. Nowhere on the papers does it say we have to be in court. 

 

So what are my options at this point? Please ask as many questions as needed, I will provide any information I can that will help me out. I appreciate all the help, and God Bless.

 

I almost forgot, they are suing for: Breach of contract, account stated, open book account, and indebtedness on both lawsuits.

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1. Who is the named plaintiff in the suit?

Absolute Resolutions V LLC

2. What is the name of the law firm handling the suit? 

Resurgence Legal Group, PC

3. How much are you being sued for?

$900 and $3,200

4. Who is the original creditor? 

Capital One

5. How do you know you are being sued? (You were served, right?)

Process server dropped off summons both times

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

Process server dropped off summons at residence, Rang doorbell repeatedly until someone answered.

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

Looks to be. I guess they just have to give it to someone that lives there that is over 18.

8. What was your correspondence (if any) with the people suing you before you think you were being sued?

The only correspondence we saw was a letter that said notice to file litigation. I guess we thought this was one of the many threats that you see from these JDB all the time.

9. What state and county do you live in?

California, Los Angeles county

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

They claim in 2010 right before the default, and I'm not sure if that is legit or not. 

11. What is the SOL on the debt? 

California SOL is 4 years I believe.

12. What is the status of your case? Suit served? Motions filed? 

Status shows as pending on both cases.

13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?)

No, I haven't.

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? 

30 days. Not sure if it's from the date the summons was issued or the date it was served.

16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits.

Both cases show exhibit A (one page statement, card terms and conditions) and exhibit B (bill of sale, and assignment of receivables) 

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Welcome.

 

First of all, you will want to file an answer to both cases.  Even if your objective is to settle both cases, trying to do so right after plaintiff has filed its case will rarely yield much of a discount (if any).  On the other hand,  if you show plaintiff you know the rules and all of the JDB tricks, you will do better.  If you peruse the board, you will see that many posters show up for trial and the plaintiff announces that it is dismissing the lawsuit.

 

You can ask the Court for a fee waiver.  Here is a link to the form and instructions:  http://www.courts.ca.gov/selfhelp-feewaiver.htm

 

There are two possible forms to use as an answer to the complaint.  Does your complaint say that it is "verified"?  Is there a page at the end where someone swears, under penalty of perjury, that he/she has read the allegations of the complaint and believes that they are true?

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Yes. At the end, it is signed by the lawyer.

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So the lawyer said he/she I has read the complaint and believes the allegations are true?

 

Just want to be sure because there is something called a "venue declaration" that frequently is attached.  The venue declaration will say that you reside in the county in which you are sued or where the transaction arose, etc.

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Yeah, it's the lawyer that said she declares under penalty of perjury that the foregoing is true and correct and the above titled matter is properly filed for assignment.

 

 

I see statement of location if that is what you're talking about. I live closer to another courthouse, I don't know why they chose the one they did. It's at least one and a half to two hours from me, but in the same county.

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So I talked to a couple of lawyers I found on this site. The first one said he saw some violations in my case, said he could represent me, and said he would send me some client-attorney papers to sign. He talked about a class action suit where I would possibly have to testify or whatnot. He asked if I was okay with that, and said I wouldn't have to pay a dime except for the filing fees. He calls me two days later after not sending the papers, and says he doesn't do this type of case, and could still do a class action lawsuit later, but to call his colleague who would charge me a reasonable fee.

 

The colleague of his wants to charge me $500 per case, and pay the filing fees, along with any other court costs that may come up. Now I don't have any experience with lawyers, so I'm not sure $500 per case is good or not, but I don't have a lot of money. I mentioned that if he was charging $500, and the filing fee was $200+, along with court fees, I might as well just pay the $937. If he took the other case, and ended up settling, I'd have to pay that as well along with what he charged.

 

Don't get me wrong, both lawyers have great reviews, and are super helpful and nice on the phone. I'm just not sure what to do. I'm not looking for any monetary awards here, I just want this dealt with, preferably in the cheapest way possible.

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Send me a private message with the names of the attorneys.  I am quite sure I will know them and can help you decide.

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Is your complaint verified?  In other words, is there a statement at the end of the complaint (usually a separate page) saying that someone has read the allegations of the complaint and knows or believes that they are true?

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I have been following these threads as I too have a lawsuit pending from Resurgence Legal on behalf of Absolute Resolutions.  I believe my account may have been included in the same purchase as justan00b.  My Forward Flow Receivable Sale Agreement is dated April 11, 2013,  Where can I find a copy for the demand for BOP and Production of Documents.  Also does any know if ARS National is a debt collector or works directly for Capital One and if so would they have to be included in the list as "persons or entities that purchased or were assigned the debt after charge off?  Thank you all for the info.

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