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Hunts and friends suit in CA


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First, I want to say thanks to all the information. Since I learned I was being sued, I have learned so much lurking on this forum and I am sure there is plenty more to learn. I am in the process of filling the interrogatories but I am looking to go the attribution  route but at the same time, I still think I would be able to win this in court since this debt is time barred. I am just trying to find the best way to end this as soon as possible rather than wait a whole year for the trial. It has been stressful to deal with all these threats where I have 30 days to respond to everything they send. 

1. Who is the named plaintiff in the suit? Portfolio Recovery Associates LLC

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

3. How much are you being sued for? $3,300

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

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) In person

7. Was the service legal as required by your state? They served me correctly.

Process Service Requirements by State - Summons Complaint

8. What was your correspondence (if any) with the people suing you before you think you were being sued? They might have called or sent letters but I never responded.

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

10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) 12/11/2011

11. What is the SOL on the debt? To find out: 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). General Denial filed set for court date

13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) Never diputed, I tried but I was not able to dispute online with experian

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 I didn’t

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?  Became indebted to GE capital. I just received the interrogatories less than a month ago so I am in the process of filling them out

16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. No evidence with summons, only sent some statements from 2012 when I did the BOP

Any possible advice would be greatly appreciated. I learn more from samples rather than trying to create my own motions and what not. 

 

Thank you 

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12 minutes ago, lmanluis said:

 

10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) 12/11/2011

you mentioned the debt is out of SOL, when did JDB file the summons?

 

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). General Denial filed set for court date

Did you use SOL as affirmative Defense in your General Denial?

 

16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. No evidence with summons,

was the alleged debt sold or resold before 1/1/14?

 

 

 

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On 5/26/2016 at 3:55 PM, sadinca said:

10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) 12/11/2011

you mentioned the debt is out of SOL, when did JDB file the summons?

 

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). General Denial filed set for court date

Did you use SOL as affirmative Defense in your General Denial?

 

16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. No evidence with summons,

was the alleged debt sold or resold before 1/1/14?

I appreciate the fast response. 

10. They filed the summons on 1/14/2016. 

12.When I filed my general denial, I was unsure of what to place so I just filed it as deny with some mention of SOL but it was not mentioned in the affirmative defense. 

16. From my report, it shows sold on December of 2012.

 

One other thing, when I received information from the BOP, they sent a statement saying I made a payment in june 2012, but when I look back into my bank statements, there is no information on such payment. 

 

 

Thanks again for your help.  

 

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if the alleged debt is out of SOL and SOL was not stated as affirmative defense, you may have to amend your answer and state SOL as affirmative defense. that may cost you another filing fee. but the need of  that will be determined during discovery.

how many statements did they send in their response to your BOP request?

 

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If the case is really barred by the sol, you might consider using a couple of requests for admission to flush it out.  Like admit that the last payment on the account (which you would have to define) was made on _____.  THen serve a form interrogatory and check box number 17.1 which forces plaintiff to give you all facts if it denies a request for admission.

You might have to first get the account statements themselves by way of a BOP or a request for production.  But if plaintiff admits that the case is time barred, it would be pretty easy to file a motion for summary judgment.  A strongly-worded letter threatening to do so, might also get the case dismissed.

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  • 9 months later...

Its been a while. Just wanted to update everyone, I just received an overnight package with a request for dismissal from the JDB. One day before trial but better late then never. I wonder if I should still show up to court since the filing isnt noted on the case summary page yet.

I eventually served a subpoena on their famous witness and received a call the next day for one last settlement offer. I declined in a confident manner and that was it. Thanks for the help I learned alot. 

I will be looking into claiming costs to add the cherry on top :) 

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18 minutes ago, lmanluis said:

Its been a while. Just wanted to update everyone, I just received an overnight package with a request for dismissal from the JDB. One day before trial but better late then never. I wonder if I should still show up to court since the filing isnt noted on the case summary page yet.

I eventually served a subpoena on their famous witness and received a call the next day for one last settlement offer. I declined in a confident manner and that was it. Thanks for the help I learned alot. 

I will be looking into claiming costs to add the cherry on top :) 

Congratulations!

::band::Another one bites the dust!

Good job!  Now you can enjoy the rest of weekend. 

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1 hour ago, lmanluis said:

Its been a while. Just wanted to update everyone, I just received an overnight package with a request for dismissal from the JDB. One day before trial but better late then never. I wonder if I should still show up to court since the filing isnt noted on the case summary page yet.

I eventually served a subpoena on their famous witness and received a call the next day for one last settlement offer. I declined in a confident manner and that was it. Thanks for the help I learned alot. 

I will be looking into claiming costs to add the cherry on top :) 

Congrats, looks like you've got it!

Definitely still show up to trial, ready to defend yourself, until the dismissal is official. It's very likely that they will follow thru with the dismissal, but I'd never bet on a JDB to act honorably. Show up for trial, make sure they follow thru, then celebrate :)

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1 hour ago, lmanluis said:

dismissal from the JDB. One day before trial but better late then never.

Congrats. That's not late though, they often dismiss at trial so you can stress on it the night before.

1 hour ago, lmanluis said:

I wonder if I should still show up to court since the filing isnt noted on the case summary page yet.

You most certainly should.

1 hour ago, lmanluis said:

I will be looking into claiming costs to add the cherry on top :) 

Good job. This is salting a wound for them.

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  • 2 weeks later...

No problem. Its been a while so I will try and remember as best as I can. 

I double checked and it wasnt over the SOL. I was wrong. I answered the interrogatory questions with vague answers. I didnt hear from them until the  witness declaration. Once I googled the witness name, he was famous for being their go to guy. I still showed up in court only to hear the plaintiff call for dismissal. To add, I wrote and filled everything on word just to sound like I knew what I was doing. I made a few mistakes on the paper work so I ended up redoing everything in my chicken scratch handwriting. 

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On 6/1/2016 at 8:12 AM, sadinca said:

if the alleged debt is out of SOL and SOL was not stated as affirmative defense, you may have to amend your answer and state SOL as affirmative defense. that may cost you another filing fee. but the need of  that will be determined during discovery.

how many statements did they send in their response to your BOP request?

 

I apologize for missing this question here. They actually sent all the statements minus a few months missing here and there. It seems like they had a good amount of information on me but clearly not enough :)

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