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Cali Portfolio - Need help on Response


Exodus
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1. Who is the named plaintiff in the suit? - Portfolio Recovery a$$

2. What is the name of the law firm handling the suit? Emily Pierce/Jordan Cook Etc..

3. How much are you being sued for? 3,000

4. Who is the original creditor? GE Capital Bank/Sams

5. How do you know you are being sued? Yuup

6. How were you served? Wife got served on my behafe

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

8. What was your correspondence (if any) with the people suing you before you think you were being sued? I did not correspond with them at all...PRA sent bills opened few then filed the rest in the hopper.

9. What state and county do you live in? Ca, San Benardino

10. When is the last time you paid on this account? Not sure

11. What is the SOL on the debt? To find out: 4

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

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 only couple weeks left and 4 days are holidays

16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits.
Nothing just cause of action-common counts and declartion re reduction filing fees.

 

 

I need help to undestand how to complete the answer form been reading here and getting overwhelmed with all the info.

I don't have much time to respond only a couple more weeks.
 

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The answer isn't complicated, but it is your top priority. First, need to know whether or not the complaint is verified (not many complaints are verified): is there a section, likely to be the last thing in the summons, where the lawyer states something to the effect of: "I have read the foregoing Complaint and know its contents. The matters stated in the foregoing document are true of my own knowledge. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on..." < not to be confused with sections that are simply verifying the venue, etc. If you're not sure whether or not you have a verification section, just type it out in a post and we'll let you know.

 

If not verified: You can use the general denial form - PLD-050 - as you can see, it just filling out some info and checking off a box.

If it is verified: You can't use the general denial form, you'll have to type up your answer on pleading paper, we can help with that also.

 

Couple things:

1) Make sure you read this thread:  How I beat Midland in California. It's also stickied at the top of the sub-forum. Gives you a good overview of what you are dealing with. Don't go too crazy reading a bunch of stuff yet, I get the sense you are overwhelming yourself, but this stage (Answering the complaint) is pretty simple. Keep your reading simple for now. Ask questions here and expand when you are comfortable.

 

2) Send out a BOP (Bill of Particulars). You don't have to wait to file the answer first, fire that out now and get Portfolio working. There are some samples lying around in these threads.

 

3) Commonly Used Abbreviations

 

4) You may have more time to answer than you think. Until you know otherwise, it is best to operate as though you only have 30 days...but...what the process server performed (by handing the summons to your wife) is called Substitute Service. By code, the process server needed to follow up by mailing you a 2nd copy of the summons to your address. Did you receive that? Service is considered complete on the 10th day AFTER it was mailed, and then the 30-day countdown starts (effectively giving you 40 days from the day it was placed in the mail). Keep an eye on your mail. Caution: Sketchy servers have been known to do substitute service, but file it as personal service; it's best, until you confirm otherwise, that you operate under the a 30-day timeline from the time your wife was handed the complaint/summons.

 

Welcome to the board!

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I don't see any section that is verifying....Packet includes Summons Sheet, Complaint-Contract, Cause of Action - Common counts, Declaration Re Reduced Filing Fees, Certificate of Assignment, Civil case cover sheet, and something from the court that states the court dates.

 

I have read the How I beat Midland in California thread thats what sent me off reading more and more. So I needed to get back to the first thing to do - the response.

 

Yes I got the Mailed summons..it's postmarked the same day she got served.

 

So the PLD-050 can be used instead of the PLD-C-010 for an official response? The PLD 050 confuses me a bit..

 

If you want to file a general denial, you MUST use this form if the amount asked for in the complaint or the value of the property involved is $1,000 or less. --This confuses me because it is over 1,000 - but the next lines are contradicting.

You MAY use this form for a general denial if:
1. The complaint is not verified;
or
The complaint is verified and the case is a limited civil case (the amount in controversy is $25,000 or less),
BUT NOT if the complaint involves a claim for more than
$1,000 that has been assigned to

a third party for collection

 

Do I do anthing for affirmative defense? Like challenge standing?

Do I send the general denial to the attorney also?

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I am also confused on mailing to plantiffs attorney.. There is a section in the complaint-contact  that says I am to mail all letters notices..etc to the Plantiffs attorney listed in the case caption unless otherwise notified.

 

I don't know where the case caption is I  a couple places where there are 5 lawyers listed but give PRA's address in VA not Ca.

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Okay, the mailed summons was postmarked same day. Did it come with a proof of service? The POS should note the same date - I'd just want to confirm they have identified the form of service as Substitute Service.

 

I wound up using the PLD-C-010 in my case and was fine. Most people use the PLD-050. Anyone else with an opinion on one versus the other?

 

 

As far as the PLD-050 goes, your complaint appears to not be verified, so you can stop at #1

"You MAY use this form for a general denial if:
1. The complaint is not verified;
 
- you can use the PLD-050 if you choose to do so. Don't worry about #2 because that only applies to verified complaints.

 

Affirmative defenses are optional, most people don't list any. If you list an affirmative defense you become responsible for proving that defense.

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No proof os service with pascket but this is a line item on the case history online

PROOF OF SUB-SERVICE OF SUMMONS AND COMP/PET AS TO Name SERVED ON 12/05/14 WITH FEES OF $55.00

 

I'd want to get a copy of that. I take it you couldn't download it, so maybe go get a copy from the courthouse? Service would be considered complete on the 10th day after 12/5 > so 12/15 and the 30-day countdown starts from there. By code you'd have until Jan 14th to file your answer. Gives you a good amount of time to study up on the process before needing to file the answer.

 

CCP 415.20 - http://www.leginfo.ca.gov/cgi-bin/displaycode?section=ccp&group=00001-01000&file=415.10-415.95

415.20.

(a) In lieu of personal delivery of a copy of the summons and complaint to the person to be served as specified in Section 416.10, 416.20, 416.30, 416.40, or 416.50, a summons may be served by leaving a copy of the summons and complaint during usual office hours in his or her office or, if no physical address is known, at his or her usual mailing address, other than a United States Postal Service post office box, with the person who is apparently in charge thereof, and by thereafter mailing a copy of the summons and complaint by first-class mail, postage prepaid to the person to be served at the place where a copy of the summons and complaint were left. When service is effected by leaving a copy of the summons and complaint at a mailing address, it shall be left with a person at least 18 years of age, who shall be informed of the contents thereof. Service of a summons in this manner is deemed complete on the 10th day after the mailing.

( B) If a copy of the summons and complaint cannot with reasonable diligence be personally delivered to the person to be served, as specified in Section 416.60, 416.70, 416.80, or 416.90, a summons may be served by leaving a copy of the summons and complaint at the person's dwelling house, usual place of abode, usual place of business, or usual mailing address other than a United States Postal Service post office box, in the presence of a competent member of the household or a person apparently in charge of his or her office, place of business, or usual mailing address other than a United States Postal Service post office box, at least 18 years of age, who shall be informed of the contents thereof, and by thereafter mailing a copy of the summons and of the complaint by first-class mail, postage prepaid to the person to be served at the place where a copy of the summons and complaint were left. Service of a summons in this manner is deemed complete on the 10th day after the mailing.

 

 

 

Here is a link to the index of the CA Code of Civil Procedure (CCP), we'll be refering to it a lot.

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So as of right now my plan of attack is to

File General Denial at Court--Do I have the court do anything to the copy I send to PRA?

Send Copy to PRA and file Proof of Service. - can my wife send the copy...the complaint list my a DOES 1 to 25

Send the bill of particulars - do i need to file this with courts also.

 

Anything else?

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So as of right now my plan of attack is to

File General Denial at Court--Do I have the court do anything to the copy I send to PRA?

Send Copy to PRA and file Proof of Service. - can my wife send the copy...the complaint list my a DOES 1 to 25

Send the bill of particulars - do i need to file this with courts also.

 

Anything else?

 

Your wife is not a party to the suit (correct?) so yes, she can send PRA the answer (and anything else that requires a POS).

 

You'll fill out the General Denial as well as a proof of service. When using 1st class mail to serve documents, you can use form POS-030 - your wife will sign that. Make 2 copies of each. Keep a set for yourself, have your wife send the other copies (answer + POS) to PRA, take the originals and file those with the court (answer + POS). My procedure when filing: I'd take the originals > time stamp them > then have someone make copies of that for me (which I keep) > then file the originals.

 

For almost all items you serve on the plaintiff, you'll want to send them CMRRR, but you don't have to for the Answer. It's probably the only item where it's not necessary.

 

The BOP: you don't file this with the court, but do a POS for it, and send it (along with the POS) via CMRRR. Obviously make copies of these for yourself.

 

You can serve the BOP right away, and wait to file & serve your answer later. I wouldn't wait until the very last day to file the answer, but I'd take it close to that deadline and use the time to study.

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Also, if you haven't already heard from PRA, you probably will soon. They might call to inform you of the suit and ask if you'd like to settle. My thoughts on these calls is not to let them know what you are thinking or what your strategy will be. They can find everything out when you serve them the various items that you'll be using. You can let them know you are aware, and that you'll respond appropriately - they don't need to know anything else.

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  • 2 weeks later...

Having trouble with BOP..How does this look. The cause of action is an accout was stated in writting by and between plantiff's assignor and defendant in which it was agreed that the defendant was indebted to the plantiff's assignor.

 

DEMAND IS HEREBY MADE UPON YOU, pursuant to California Code of Civil Procedure section 454, to furnish to Defendant XXXXX, within 10 days, a Bill of Particulars setting forth all items and details of the account on which the cause of action for money lent or paid of plaintiff’s complaint is based to include: an agreement and/or contract of said account, date of each transaction on the said account, the price or charge made for each item, all payments or credits that have been made to the account, a detailed account of how plaintiff calculated the amount owed, and any agreement assigning the account at issue to the plaintiff.

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Hi, Exodus.

 

I'm a newb at this, but trying to learn.  I also have a case against me from Portfolio, as well as another from Absolute.  I'm currently in the Discovery phase of things and as hard as it's been for me so far, I wouldn't have been able to do much of anything without the help of some others on this site, so it's my duty to try to pay it forward if I can.  Below are the links to my threads, in case they are of any use to you (be warned, they contain a lot of beginner's questions).  If nothing else, they might provide you from making some of the mistakes I've made along the way or answer some of the questions I had to spend days digging around for.  If not, at least you'll know you're not alone in this.

 

Best of luck to you!

 

Portfolio Case:

 

http://www.creditinfocenter.com/community/topic/325003-portfolio-recovery-hunt-henriques/

 

Absolute Case:

 

http://www.creditinfocenter.com/community/topic/323564-absolute-resolutions-resurgence-legal-jdb-or-assignee/

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Having trouble with BOP..How does this look. The cause of action is an accout was stated in writting by and between plantiff's assignor and defendant in which it was agreed that the defendant was indebted to the plantiff's assignor.

 

DEMAND IS HEREBY MADE UPON YOU, pursuant to California Code of Civil Procedure section 454, to furnish to Defendant XXXXX, within 10 days, a Bill of Particulars setting forth all items and details of the account on which the cause of action for money lent or paid of plaintiff’s complaint is based to include: an agreement and/or contract of said account, date of each transaction on the said account, the price or charge made for each item, all payments or credits that have been made to the account, a detailed account of how plaintiff calculated the amount owed, and any agreement assigning the account at issue to the plaintiff.

That should do what you need it to do. They usually object regardless of what it says.

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Anos Amos, excuse my ignorance and lack foresight, can you explain why that would be your strategy?

Because: They didn't say it was mandatory, they use no or minimal evidence, the rules of evidence will not be used, hearsay will be accepted from plaintiff and there won't have to be any live witness to lay a foundation or authenticate anything, no judge, most research I have seen on mediation / arbitration is in the plaintiff's favor, I have seen Calawyer advice not using it, CA defendants do excellent here with the help of people that are here for the right reasons, and they do it in litigation, we have people here (including yourself) who will know what to do when you are faced with CCP 96 CCP 98  CP 1987 and know what to do to win, HEARSAY (AFFIDAVITS) ARE NOT ADMISSIBLE AT TRIAL (and we have members that can tell you exactly how to easily keep it out including Calawyer approved case law and statutes, they are unlikely to dismiss for fear of having to go to mediation.

 

That's off the top of my head, in no particular order, with research it would increase. No ignorance on your part, you do a lot of good here.

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Because: They didn't say it was mandatory, they use no or minimal evidence, the rules of evidence will not be used, hearsay will be accepted from plaintiff and there won't have to be any live witness to lay a foundation or authenticate anything, no judge, most research I have seen on mediation / arbitration is in the plaintiff's favor, I have seen Calawyer advice not using it, CA defendants do excellent here with the help of people that are here for the right reasons, and they do it in litigation, we have people here (including yourself) who will know what to do when you are faced with CCP 96 CCP 98  CP 1987 and know what to do to win, HEARSAY (AFFIDAVITS) ARE NOT ADMISSIBLE AT TRIAL (and we have members that can tell you exactly how to easily keep it out including Calawyer approved case law and statutes, they are unlikely to dismiss for fear of having to go to mediation.

 

That's off the top of my head, in no particular order, with research it would increase. No ignorance on your part, you do a lot of good here.

 

Thank you for explaining that! my wife didn't go through mediation, but now I remember reading that somewhere around here,  so I forgot that huge difference between arbitration and trial.

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