neikimercer1959

Credit Card Lawsuit, where to start ... please please help

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I have been getting a lot of great information but so confused on how I should start since there are some differences in my case from what I have been reading.  My main question is should I file to dismiss the complaint or go the route of serving Plaintiff with a BOP?   Here is my information:

 

1. Who is the named plaintiff in the suit?

The Original Creditor (a major credit card company)

 

2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.)

The Moore Law Group (lists four attorneys with their bar numbers)

 

3. How much are you being sued for?

Over $3,000, Under $4,000 (to hide my idenity not being specific)

 

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

A Major Credit Card Company (not sure if I should disclose the name)

 

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

Served by substitute service

 

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

I was not home, my house guests were given the documents toward the end of November.  I have not yet received a copy of the proof of service by mail.

 

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

I assume it was although the server refused to identify himself and was very aggressive, actually opened my front door and accused me of hiding.

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

I received a letter from The Moore Law Group a few months prior to being served.  It only states the last four digits of a credit card account nuber and the balance owing amount.  It states the following, "Your account has been referred to us for collection."  It continuies they want to provide me a opportunity to resolve the account.  They claim if I was to notify them in writing within 30 days disputing debt, they would obtain verification of the debt or copy of a judgment and mail me the original credit grantor if different than the current creditor.  The letter ends giving me the FTC contact information.

 

9. What state and county do you live in?

CA, San Luis Obispo

 

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

On or around September 2013

 

11. What is the SOL on the debt? To find out:

I believe it is 4 years

Statute of Limitations on Debts

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 was not able to find information online via court site.  I will be going in person tomorrow.  As of now I was served at the end of November, 2014 with a Complaint; Notice of Assignment and OSC "AN ORDER TO SHOW CAUSE WHY THIS CASE SHOULD NOT BE DISMISSED" set for November 2015; and a Declaration Pursuant to CCP 395; Venue of Personal, Family or Household Obligations; Summons; Civil Case Cover Sheet; and Statement of Venue

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?

I have 30 days from the date served; I did not receive ay interrogatories, only what I stated above. 

 

Here are the "charges" noted in the complaint which is slightly different than what I have been reading on this forum:

Action is a limited civil case does not exceed $10K; Plaintiff named is the original credit card company; Defendant is my name as an individual. 

 

The boxes checked are 3. a. Each plaintiff named above is a competent adult EXCEPT Plaintiff (name) (3) other specify):  Corporation; 7 This court is the proper court because 7(a) a defendant lives here now; 8. causes of action are attached ... only marked Common Counts (Not Breach of Contract); 10. (a) damages of same amount as in complaint; (d) other:  Cost of suit (with no amount) and signed by one of the four attorneys. 

 

First Cause of action - Common Counts Attachment to Complaint;

within the last four years

(1) on an open book account for money due

(2) because an account was stated in writing by and between plaintiff and defendant in which it was agreed that defendant was indebted to plaintiff;

  b. within the last four years

(4) for money lent by plaintiff;

(5) for money paid, laid out, and expended, et al;

(6) other:  This cause of action relates to the (names the credit card company and last four digits of an account).;

CC-2 $(gives amount) at the rate of 0% per year;

CC-4 other:  Cost of Suit (no amount listed).

 

The Declaration starts with saying "I, the undersigned (gives no name) but is signed by one of the attorneys. 

They declar:  that this is an obligation of the defendant for goods, services loan or extension of credit intended primarily for personal, family or household use;

and also marked 2©: in which defendant resided at the commencement of the action.

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

They did not give any evidence, only what I have mentioned (no affidavit, statements, contract, attachments, exhibits).

 

 

Do you suggest that I go the route of serving Plaintiff a BOP or Dismissal of Complaint an if so, for what accounts do I state?  I am confused with a court date scheduled one year in advance, is this normal?  Thank you in advance for giving me a push start on this, I am consumed with anxiety of this entire lawsuit.  If I attach files, can this be viewed by all?  (just don't want the bad guys out there to discover who I am)

 

 

 

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@calawyer

@Seadragon

@AnonAmos

@HomelessInCA

You have come to the right place!

California's litigants have a wealth of professional & peer-to-peer support and guidance available throughout this site. My most treasured resources here include the heros listed above.

I suspect they will encourage you to first, before BOP and all else, file your answer at the Civil window of the Clerk of the Court office in your designated courthouse.

If it applies, a fee waiver should also be filed, or, pay the filing fee, which was $181.00 with a $40.00 reduction applied bilaterally, because Plaintiff applied for one, so, it automatically gave me $40.00 off, too.

Warmly,

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Welcome. 

 

I do not see any obvious reason that you could file a motion to dismiss (or, more likely a demurrer).  Am I missing something?  Do you have a reason you think you could file such a motion?

 

If not, the most important thing to do is to file an answer to the complaint.  You can most likely file a general denial.  To be sure, we need to know if the complaint is verified.  Does the declaration you received say that the declarant has read the complaint and knows that the allegations are true?

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@calawyer The Declaration is in a form setting starting with "I, the undersigned declare as follows:

1.  This is an obligation of the defendant for goods, services, loan or extension of credit intended primarily for personal, family or household use.

2.  San Luis Obispo is the County (only checked ©; not a. in which the defendant in fact signed the contract; not b. In which the defendant resided at the time the contract was entered into;)  but checked © In which the defendant resided at the commencement of the action.

 

Is then signed by one of the four attorneys stated it was executed in November with the date at Santa Ana, CA.

 

I pulled up my credit report and found that the original credit card company charged off the account in same amount due as what I am being sued for and the Status Details state this account is scheduled to continue on record until 2020 with a comment that the Account closed at credit grantor's request.  In the Account History it shows Charge off dates as of November 2014 same time these documents were prepared by The Moore Group to sue me.  In addition, I found that The Moore Group request record of my credit history in November and at the end of September with no notification to me and does not state a phone number, only address and the name The Moore Law Group.

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I just read "Case Management Trial Date w/ Moore Law Group". I hope this information will be same in my case, however just going through the motions and emotions is so hard and appreciate this site for being so helpful, thank you to all!!

You have excellent heavy hitters responding to your thread!

Maybe, try some positive affirmations to displace the toxic negativity of the mind-speak, e.g.,

My legal skills are growing with each post I read.

With every effort I make to defend myself, using the orderly steps of the process, the closer I come to Victory!

I am already among the top 5% of defendants having answered my summons, unlike the unfortunate 95% who lose through default judgment, due to their own inaction.

I will remain proactive in my own defense and continue in-action until attaining resolution.

I can, and I am doing this!

Many have won before me, I can win, too!

I am not alone in this; many are supportive of me on-site and in my thread!

Warmly,

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@Anon Amos

 

How To Prepare Mailing Address for BOP Certified Mail:  The Complaint lists four attorneys with bar numbers but only one of the attorneys signed all the documents.  They also list a street address and a PO Box.  Do I address it only to the one attorney that signed using the street address or prepare just as they state on the complaint?

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@Anon Amos

 

How To Prepare Mailing Address for BOP Certified Mail:  The Complaint lists four attorneys with bar numbers but only one of the attorneys signed all the documents.  They also list a street address and a PO Box.  Do I address it only to the one attorney that signed using the street address or prepare just as they state on the complaint?

You address it to the law firm street address. You list the plaintiff, the defendant, and the case # in things you write and you send it all to the law firm. They can decide which lawyer will deal with it and they may take turns.

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My Common Counts seem to be similar to many threads I have been researching (Book Account-acct stated, Money Lent, Money Paid).  However, as much searching I have done I can't seem to find a sample of an Answer with Affirmative Defenses used.  To limit myself from digging a further whole in this mess, I want to state only those that honestly apply to my situation.  Where can I get an example of how this looks on paper ready to file in court?

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For the answer/response:

The PLD050 form for this is online, via the State website. No worries.

(One page, and it includes space for Affirmative Defenses, if you end up going with any.)

LINK FOR FREE PLD 050,

CLICK

http://www.courts..gov/documents/pld050.pdf

For the proof of service:

The POS040 form for this is online, via the State website. No worries.

(A few pages, the last being ink-intensive with instructional text, which I thought to save money by not printing, then, I read something about legal proceedings and numbered pages like the ones on this form, e.g., 1 of 4 - 4 of 4, and how they are numbered like that to show they are all there, I.e., if you lead with page one listed as 1 of 4, you better close with the last page being 4 of 4.

LINK FOR ONLINE FREE POS040 FORM,

CLICK!

http://www.courts..gov/documents/pos040.pdf

Warmly,

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CA CMC Summary:  I have filed my Answer to the Complaint Dec 10th; served BOP via certified/return receipt to Plaintiff's Attorney using both their PO box address and street address.  Plaintiff never filed a POS, I have not received my return receipt from serving the BOP on Dec 9th and now the court has sent me Notice of CMC set for date end of Jan.  Question:  How should I prepare my Summary?  Should I wait to see if BOP docs arrive by the end of the 10th day and use that for a defense and if so, how can I use this defense in my Summary?

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