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Being sued by Persolve... with a twist


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Hello all,

 

Just stumbled across this forum because i was served, today, by Persolve, LLC and Edit Alexandryan. This forum was amongst the top results for the search "sued by persolve"!   Anyway, my case appears to have several similarities as others on this forum. I have read homelessincalifornias posts, astmedics, and a number of others and gotten some great information from them.  I was served 2 days before the SQL limit in California which seems common for these Persolve people. The difference with my case is that the alleged account that I have not paid does not exist in my credit history. I have never had an account with the original creditor. I can't find any evidence of the original creditor anywhere in my financial records. I have never received a debt collection letter from the original creditor or the debt collection agency. 

I've been reading about the BOP and ccp96 but I'm not sure if that's a direction I should take in this case. I also have a "general denial" saved and ready to go as well but since this account is not mine I'm really at a loss. I would greatly appreciate any and all advice from you who have any idea what to do here. I am absolutely grateful that this forum exists and I would like to contribute as this case progresses, I will keep you all in the loop. 

 

Here is some more information from the summons:

.

1. Plaintiff named in suit is Persolve, LLC dba. Account Resolution Associates
2. Suing for $2,700 and change

3. Original creditor: General Electric Capital

4. Plaintiff's assignor: Crown Asset Management, LLC

5. Summons were served in person, legally (as per California)

6. I reside in San Diego County, California

7. Last amount paid supposedly: October 22, 2010

8. SOL is 4 years in california, so 2 days away from SOL passing because the complaint was filed October 20th

9. There is no status on my case as of yet. I looked up the case number and it is blank. Just lists plaintiff/defendant and date filed.

10. I have not disputed the debt with the credit reporting agencies because it doesn't even show up on my credit report. I pulled my credit report from all 3 agencies in August of 2014 and it is not on any of them

11. I have 30 days to respond to the suit

12. They are claiming a contract breach "Rule 3.740 collections (09)"

13. The complaint is not verified, there is no declaration page

14. There is no attached evidence with summons

 

And lastly, the final page of the summons is a "Stipulation to use of alternative dispute resolution process crc 3.221". But it is blank...

 

I would be eternally grateful for any advice. I was thinking of getting a lawyer after I read a number of posts on this forum because my blood was boiling and I would relish the opportunity to make this a costly litigation for them but I am not in a financial situation to afford such a thing. I recently graduated with my 4-year degree and minimal student loans and was looking forward to living debt free when this blindsided me. I will keep browsing the forums looking for more information but again I SUPER APPRECIATE any and all help.

 

Thank you so much for reading.

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Do you have a common name?  It's possible that you were served for someone else, happened to my wife, she has a very common name and another person was served for her, the JDB had to quash the service.

 

You could always contact the JDB and see if they will verify that they're looking for you specifically, could start of w/ I think you had the wrong person served, if they do verify you then go w/ your general denials etc.

 

Just my 2 cents

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I would send them a BOP now; then answer the complaint closer to the 30 day deadline.

Look for the "cause of action" in the complaint so you can determine the general denial is the correct form.

If a complaint has been filled then you need to answer it. If they think they can get money from you then they will consider you 'the right person'.

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Do you have a common name?  It's possible that you were served for someone else, happened to my wife, she has a very common name and another person was served for her, the JDB had to quash the service.

 

You could always contact the JDB and see if they will verify that they're looking for you specifically, could start of w/ I think you had the wrong person served, if they do verify you then go w/ your general denials etc.

 

Just my 2 cents

 

Thanks for the 2 cents. I did call them, that was hair-raising by itself, because I have a common name and they were able to verify my information... And it is even more odd because they are alleging that a company called "care credit dental" is tied in with General Electric Capital as a additional or prior creditor. The strange part is I've never had dental work done.... but anyway they have my info so I'm looking to send off this Bill of Particulars.

 

 

I would send them a BOP now; then answer the complaint closer to the 30 day deadline.

Look for the "cause of action" in the complaint so you can determine the general denial is the correct form.

If a complaint has been filled then you need to answer it. If they think they can get money from you then they will consider you 'the right person'.

The "cause of action" listed in the complaint are:

1) Open book account against all defendants

2) money lent against all defendants

3) account stated against all defendants

 

It doesn't specify particularly a form to use that I can find but there is a page that says "It is the policy of the San Diego Superior Court to strongly support the use of alternative dispute resolution ("ADR")" which explains the last page of the summons which is the "stipulation to alternative dispute resolution process." 

 

So I'm going to get this BOP out today and see what kind of info they send back. I'll be sending it certified mail receipt requested and I'm using the sample BOP from within this forum.

 

I'll keep updating as I go along.

I really appreciate both of your responses, it means a lot to me.

 

Thank you.

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OK, the general denial is the correct form based on your cause of action.

 

I personally would stay away from ADR or any type of arbitration.

 

If and when you speak to them; speak only to the lawyer (force him to spend time on the case). Sending the BOP now is a smart move and sends the correct message. You want to keep constant pressure on them and try to force them to dismiss.

 

Also, if they say they need your SS#  to look up your file etc., tell them to forget it (they can look up the case #). Don't try to prove to them you are not the right person (because they will use the information you give to fill in their blanks), prove it to the court.

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OK quick update! When I called Persolve to verify the individual they mentioned that another social security number was attached to the account they are seeking to collect on. They gave me the last 4 digits thinking that it was a spouse or family member but it is neither. After examining all the people in my life who would know my social I can determine that it is not somebody I know. So they have 2 social security numbers on the account, one of which being mine the other being someone unknown.

So I called a pro bono legal aid society based in San Diego (http://www.lassd.org/pro_bono_program.htm) to see what else I could learn and they directed me to a Identity Theft Resource Center @ (1-888-400-5530) who informed me that I should file a police report and get a notarized affidavit claiming it was not me along with things to verify identity such as signature, proof of residence, etc., and then file it with the court clerk and send also to the JDB.

 

The only thing I've done so far is get this Bill of Particulars typed up and ready to send off. I feel that it's the best place to start because I would like to know what they are looking at. Should I also pursue the police report and affidavit? I'm unsure what the ramifications would be, I'd like it to be as easy as sending that information in and getting the case dismissed but are there unforeseen ramifications there? Can I fight this as identity theft as well as fighting the debt collection?

 

Thanks again for any replies. This is all new to me and I really appreciate your assistance. (So glad this place even exists!!!)

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OK, the general denial is the correct form based on your cause of action.

 

I personally would stay away from ADR or any type of arbitration.

 

If and when you speak to them; speak only to the lawyer (force him to spend time on the case). Sending the BOP now is a smart move and sends the correct message. You want to keep constant pressure on them and try to force them to dismiss.

 

Also, if they say they need your SS#  to look up your file etc., tell them to forget it (they can look up the case #). Don't try to prove to them you are not the right person (because they will use the information you give to fill in their blanks), prove it to the court.

Ayyy....! Well I did not speak to the lawyer, I thought it would have been better to go through the company itself.. My mistake. They looked up the case number to locate the records and they told me that there was a social of last 4 digits XXXX which I verified was mine then they said that there was a second social of last 4 XXXX and asked if it was my spouses or families and I said I did not recognize it. I kept everything I said minimal because I was worried they'd try to use that information against me.

 

I will send the BOP out today and do you think it is worthwhile to pursue the police report? Could it hurt me or my case?

 

Also, I think I should really wrap my head around how predatory and evil these people are. I read about their practices and the shady business they are involved in and it's just baffling that something like this can so blatantly exist in our legal system and receive no repercussions.

 

Thank you again. Much appreciated

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Thanks for the 2 cents. I did call them, that was hair-raising by itself, because I have a common name and they were able to verify my information... And it is even more odd because they are alleging that a company called "care credit dental" is tied in with General Electric Capital as a additional or prior creditor. The strange part is I've never had dental work done.... but anyway they have my info so I'm looking to send off this Bill of Particulars.

 

GE/Synchrony is the financier of Care Credit cards, mostly dental but can be used for a lot of medical expenses (wife & I had one to cover some dental surgery of hers.

 

 

OK quick update! When I called Persolve to verify the individual they mentioned that another social security number was attached to the account they are seeking to collect on. They gave me the last 4 digits thinking that it was a spouse or family member but it is neither. After examining all the people in my life who would know my social I can determine that it is not somebody I know. So they have 2 social security numbers on the account, one of which being mine the other being someone unknown.

So I called a pro bono legal aid society based in San Diego (http://www.lassd.org/pro_bono_program.htm) to see what else I could learn and they directed me to a Identity Theft Resource Center @ (1-888-400-5530) who informed me that I should file a police report and get a notarized affidavit claiming it was not me along with things to verify identity such as signature, proof of residence, etc., and then file it with the court clerk and send also to the JDB.

 

The only thing I've done so far is get this Bill of Particulars typed up and ready to send off. I feel that it's the best place to start because I would like to know what they are looking at. Should I also pursue the police report and affidavit? I'm unsure what the ramifications would be, I'd like it to be as easy as sending that information in and getting the case dismissed but are there unforeseen ramifications there? Can I fight this as identity theft as well as fighting the debt collection?

 

Thanks again for any replies. This is all new to me and I really appreciate your assistance. (So glad this place even exists!!!)

 

Sounds like ID theft, yep, file police report & be prepared to fight this in court.

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I think I would be very careful with any ID theft, fraud allegations and police reports. If the only thing that ever made you consider ID Theft came from This case; I Would Not file anything.

You end up with the burden of proof shifting to you proving ID theft (With police reports and fraud affidavits) instead of them bearing the burden of proving this is your account, they own it, the amount is correct, etc.

The issue is that they filed a suit against you that they will have to be able to prove or dismiss. The issue was never that you feel your identity has been stolen and you want to pursue that (unless that is an issue for you and I missed something).

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If you think this is ID theft I would report it to the cops first. I would never put it past a debt collector to try to collect on ID theft account. If you call the cops, they will maybe investigate and that could help your position. Now Persolve will possibly send you an ID theft form but I would be wary of their form because it asks for too much information, much more than you have to give out.

 

Also, push from the beginning to exclude evidence. They don't like buy documentation so they subpoena records from other people like banks etc.

 

Your best bet would be to check with your dentist and get an affidavit that you never received treatment and maybe dental xrays to prove no treatment on that.

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Thanks so much for all the replies guys. I, again, really appreciate the info. I qualified for pro bono legal aid and so do not have to continue with representing myself. I would like to give a little something back to this forums since this was really my saving grace when I received the summons in the mail. (I was able to find the legal aid by looking into referrals from this forum too!) So, I would like to keep you all apprised of what steps the lawyer is taking and how my case resolves.

 

Also, the lawyer informed me that the police report is a precautionary measure (in my case) to establish a fraudulent claim and for me to say that I pursued avenues of amending the fraud situation outside of court. So I am tasked with contacting the original creditor and obtaining either a fraud affidavit from them or a statement of the account in question. 

 

Anyway, the lawyer assigned to me sent out the following forms:

1) A General Denial (form PLD-050) with like "17 Affirmative Defenses" (can be found on this forum) 

2) the BOP (Bill of Particulars - can be found on this forum)

3) A "Defendant's Special Interrogatories (Set One)" which appears to be a list of questions regarding the information that Persolve has and is requesting that they state/identify the date account stated was formed, date account was opened, parties involved, identify custodian of records and other stuff and send it to me

4) A "Defendant's requests for admissions (set one)" which appears to be more attributed to my case specifically because of the fraud aspect.. It lists a bunch of requests for admissions by persolve that "there was no account stated between original creditor and defendant", "that there was no account stated between you and defendant" - etc.

5) A "Defendant's Request for Production of Documents (Set One)" - This one seems to be similar to the BOP but it states a list of documents such as the original document, all documents relating to damages you are claiming in this action, all documents supporting your calculation of your alleged damages in this action, a copy of all billing statements sent to defendant for the account alleged in your complaint, etc.

 

You can find examples of these online and on these forums. I could upload copies of the documents I have but I wasn't sure how much of that would be useful outside of similar circumstances such as mine? If requested I will see about getting a copy of the items listed minus my own information to help others dealing with persolve.

 

Also, if you are low income or just graduated and looking for a job as am I, you can request to waive court fees which is amazing when you are broke! 

 

Thanks again for everybody's help I would have been completely lost without this forum so again, I'd like to provide whatever assistance I can even if it's just detailing what I go through to potentially help others dealing with these scumbags.

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Ayyy....! Well I did not speak to the lawyer, I thought it would have been better to go through the company itself.. My mistake. They looked up the case number to locate the records and they told me that there was a social of last 4 digits XXXX which I verified was mine then they said that there was a second social of last 4 XXXX and asked if it was my spouses or families and I said I did not recognize it. I kept everything I said minimal because I was worried they'd try to use that information against me.

 

I will send the BOP out today and do you think it is worthwhile to pursue the police report? Could it hurt me or my case?

 

Also, I think I should really wrap my head around how predatory and evil these people are. I read about their practices and the shady business they are involved in and it's just baffling that something like this can so blatantly exist in our legal system and receive no repercussions.

 

Thank you again. Much appreciated

at the prompt type 3 on the keypad to go to the attorney or if they ask if you are counsel say yes. Don't let them shunt you off to the scumbags. The police report is worthwhile. Also look into a Motion to Quash due to ID theft. I worry that they will change the records now that you have confirmed the social.

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I found a Summons at my frontdoor this morning from Persolve LLC. No envelop.... I've never heard from them before, they just filed a lawsuit. I cannot find a pro bono attorney, permanent disability. My last payment to the bank was Sept 2010. They claim that the SOL date was when the bank did a charge off. According to what I've read on the web, she's wrong. I am a very sick person and this is really affecting me.

Patenaude and Felix took me to court past January and won. I was in the ER with a BP of 230/160. I am frustrated and my BP is dangerously high again, because nobody seems to want to help me. The amount I supposedly owed was about $2300. I have proof from SSA and my bank that disability (medical botched up surgery swept under the rug) is my only source of income. HELP

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Maya,

Welcome. You will get plenty of help here, but you will need to start your own thread so people will find it.

Most likely you will be filing a general denial with an affirmative defense that the statute of limitations has already past.

You could file a cross complaint for the SOL violation.

In any event your income is collection proof if you are on disability. Nothing to get your blood pressure up over.

there is a 20 questions pinned on this forum that you can answer when you start your own new thread. See you there. ..

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