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Summons Received - MLG

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Appreciate this board and all the help that is provided.

I have the general denial and POS ready to take to court.

 

I do want to ask, should I file a general denial?  They sent the original contract. 

 

I do want to ask them to provided how they came to the amount they are suing for.

 

Thank you in advance for the help.

 

 

 

1. Who is the named plaintiff in the suit? - OneMain Financial

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

3. How much are you being sued for? - less than $10k

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

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

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

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? - Payoff negotiation

9. What state and county do you live in? California

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

11. What is the SOL on the debt? To find out: 5 years

12. What is the status of your case? Suit served? Motions filed? You can find this by a) calling the court or  B) looking it up online (many states have this information posted - when you find the online court site, search by case number or your name). - Summons 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? 

 

10 days according to law firm. 

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

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Appreciate this board and all the help that is provided.

I have the general denial and POS ready to take to court.

 

I do want to ask, should I file a general denial?  They sent the original contract. 

 

I do want to ask them to provided how they came to the amount they are suing for.

 

Thank you in advance for the help.

 

 

unless the complaint is verified a general denial will suffice. most complaints are not verified. you know it is verified if the lawyer signs stating that the information is true and correct. I've never seen a verified complaint so I am not sure of the precise wording.

 

are you being sued by the original creditor or by someone who bought the alleged account after charging it off?

 

what is the cause of action? money lent, breach of contract, account stated?

 

when were you served?

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unless the complaint is verified a general denial will suffice. most complaints are not verified. you know it is verified if the lawyer signs stating that the information is true and correct. I've never seen a verified complaint so I am not sure of the precise wording.

 

are you being sued by the original creditor or by someone who bought the alleged account after charging it off?

 

what is the cause of action? money lent, breach of contract, account stated?

 

when were you served?

 

I was served on 12/29.

the complaint is not verified.

 

Says plaintiff: OneMain Financial (OC)

The Moore Law Group representing - base on this forum they are just a collection agency?

 

Cause 1: Breach of Written Contract

Cause 2: Money Lent

Cause 3: Restitution based on Unjust Enrichment

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I do want to ask them to provided how they came to the amount they are suing for.

 

 

you do this by serving a "Bill of Particulars."  A bill of particulars is an itemization of charges, claims, or counterclaims in an action. I am at my work's computer so I cant post the template but a simple search through the forums will provide the template you need. after you serve it, it gives the plaintiff 10 days plus 5 days for mailing to provide an answer and a breakdown of the charges to the account.

 

when was the last time an alleged payment was made to the alleged account?

 

the contract they provided, is it the alleged original contract with a signature?

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 if you are being sued by an original creditor it will be harder to  prevail but still winnable. there had been members that won against OCs. I do not remember their user IDs but I think the OC was capital one, start by doing a search on the forums on Capital One and im sure you will find those threats. they will be very informative.

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here you go. post number 3 is the template for BOP.

 

http://www.creditinfocenter.com/community/topic/325200-sued-by-unifund-llc-via-kenosian-miele/

 

make sure its on Pleading paper, with numbered lines. you will not file this with the court but do send it Certified Mail Return Receipt Required. (CMRRR), with corresponding POS

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you do this by serving a "Bill of Particulars." A bill of particulars is an itemization of charges, claims, or counterclaims in an action. I am at my work's computer so I cant post the template but a simple search through the forums will provide the template you need. after you serve it, it gives the plaintiff 10 days plus 5 days for mailing to provide an answer and a breakdown of the charges to the account.

when was the last time an alleged payment was made to the alleged account?

the contract they provided, is it the alleged original contract with a signature?

They provided the original contract with signature.

I dont remember when last payment made.

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I have same lawsuit with Moore Group in CA.  I am now at the stage of a Case Management Conference scheduled for next week.  This organization is very shady, they did not file a POS on the Summons & Complaint when it was substituted service (never received a copy in the mail).  I filed my answer about 15 days after complaint was served and found they filed the POS one week after I filed my Answer to their Complaint and they state it was sub. service but also claimed to have sent me a copy in the mail which never happened.  It is important that you do ask for a waiver fee if this is a financial burden for you, I was granted the waiver fees for all the filings, copies of docs ad certified copies, service fees.  I also served them with a BOP and they sent me a copy of the contract with the OC and most of the statements but nothing to verify they own the debt and/or they are in fact attorneys for the OC.  The judge assigned to my case is very strict about CMC and filing a CMC Statement.  In CA it is the responsibility of the person that filed the Complaint to attempt contact with the Plaintiff for "Meet and Confer" which is required by Rule 3.724 of CA Rules of Court which this question is asked on the CMC Statement Form #19.  I filed my CMC Statement a few days before it was due and the Moore Group has missed the deadline for filing their Statement and again, I have not received a copy if it was mailed to me.  My point so far is that they appear to want an easy win and certainly are sly about when they file their documents and are not accurate with the facts of what they present to the court on these documents so pay close attention to every detail.  In addition, it was their responsibility to include information about the CMC Statement to me and that also never happened.  My guess is they will request to be present at the CMC by phone due to the cost of a long drive.  However, in Most Cases with this group but not all, they will drop the ball the day before the actual hearing.  I hope this helps you out, if you want to follow my continuing efforts to fight this sleazy group, I will be posting again probably tonight.  Best of Luck, just stay strong and be on top of filing on time.  This site is a blessing and these people are so wonderful to help out people in dire straights ... I love them all and you came to the right spot for help.

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Hey guys.

 

I have a Case Management Conference date set by the court.

 

Do I send a BOP or RFP to the plaintiff? Seen a mixture of both in the forums.

 

I know to send it out via CMRRR, but do I have to have a POS with the BOP or RFP?

 

Do I have to file the POS with the court? (I know I don't have file the BOP or RFP)

 

Thank you!

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Hey guys.

 

I have a Case Management Conference date set by the court.

 

Do I send a BOP or RFP to the plaintiff? Seen a mixture of both in the forums.  I would send the BOP first

 

I know to send it out via CMRRR, but do I have to have a POS with the BOP or RFP? yes, send POS with everything you send to plaintiff,  

 

Do I have to file the POS with the court? (I know I don't have file the BOP or RFP) you do file the POS with the appropriate courts that get filled with the court, yes.

 

Thank you!

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Update...

 

After sending MLG the BOP, they responded by stating that they reject sending the BOP because the complaint is for a breach of contract.  I have my CMC schedule for later this month.

 

Should I just leave it as is, or is there something else to file?

 

Thank you.

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Lol, bop is not appropriate for ACCOUNT STATED, but is appropriate for breech of contract. I believe it says so in your rules, someone here may know what rule it is. Find the rule and send them a meet and confer letter stating the rule and you demand your BOP.

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I send the CCP96 on 4/2 and I have yet to receive a response.  It has been exactly 20 days.

What is the next step?

 

I'm assuming this is good news.

You still have to give them 5 additional days to serve it since you mailed it to them. So they have 25 days (from the day you put it in the mail)  to serve their response. "Serve" in this case means place it in mail, not the day you receive it.

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You still have to give them 5 additional days to serve it since you mailed it to them. So they have 25 days (from the day you put it in the mail)  to serve their response. "Serve" in this case means place it in mail, not the day you receive it.

 

Thank you. I'll wait a little longer. 

What do I do if I don't receive a response?

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