SilverBelle

Please Help---Being sued by Razor capitol

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Please Help!!  Approx 2 months ago, i received a voice message on my cell phone from N&K that they were going to suit me and that that message was just a courtesy call.  A few days into July, I am served papers stating that N&K filed suit against me for approx $4k near the end of June on behalf of razor capitol.  I know i need to file a written response, but am at a loss on how to respond to this.  I do know that razor capitol is not the original creditor and that the original creditor sold the "pool of receivables included in an electronic data file" (their words not mine).  Also, in the suit papers filed, they keep referring to exhibit 1, but i can only find 2 exhibit A's, a page that only says exhibit B, and a page that is a summary of exhibit 2.  Furthermore, i am even more confused because they originally state that it is an open-book account, but later state that it's an account stated in the second cause of action.  Please help!! Thank u in advance to all who do

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Breathe easy, you have time to start dealing with this and the initial forms are simple. You can likely respond with a 1-page form that you can download and fill out.

You can use the general denial if your complaint is not verified - most debt collection lawsuits are not verified. More on verified complaints in this post by calawyer: http://www.creditinfocenter.com/community/topic/327543-urgenthelp-plzrec-summons-capital-one-thier-attorney/#comment-1341442

Quote

Here is the form you will probably use to answer the complaint.  It is called a “General Denial:
http://www.courtinfo.ca.gov/forms/fillable/pld050.pdf

You can use this form if the complaint is not verified and, under certain circumstances listed on the form itself, even if it is verified. A complaint is verified when the plaintiff swears that the facts set forth in the complaint are true. The advantage of using this form (if you can) is that you don't need to go paragraph-by-paragraph through the complaint denying or admitting each one.

Go to the last page of the attached link and you will see a typical verification form for California complaints. As in the example, most (but not all) verified complaints say so in the caption itself: http://cluebytwelve.net/monkeys-lawsuit/complaint.pdf.

There is also a procedure in California where an attorney can verify a complaint for her client if the client is outside of the County where the lawyer maintains her office. In that case, it will say the client is outside the county and the attorney is verifying on the client's behalf.

 CCP 446:  Attorney verification should say that attorney has read the pleading and that he or she is informed and believes the matters therein to be true and on that ground alleges that the matters stated therein are true.

Most Debt collection complaints are not verified, but you should check to make sure. If your complaint is not verified, you can use the very simple form above to answer.  You might also want to request a fee waiver.  If the Court grants the waiver, you will not have to pay any fee to file the answer. 

If you were personally served then you have 30 days from the day you received the complaint to file your response. You'll serve the plaintiff a copy of your answer at the same time - you can mail the plaintiff their copy along with a proof of service : PLD-030.

In the meantime, look at the questions in this post and copy/paste into this thread along with your answers. I recommend keeping some of the details (dollar amounts, etc) a little vague so that you remain anonymous.

Welcome to the board.

 

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Sorry for the delay in response, but here is the answer to these questions

1. Who is the named plaintiff in the suit?  RAZOR CAPITAL, LLC

 

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

 

3. How much are you being sued for?  APPROX $4300

 

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

 

5. How do you know you are being sued? (You were served, right?)  WAS SERVED ON JULY 4TH BUT RECEIVED A VOICE MESSAGE ON CELL PHONE APPROX 2 MONTHS BEFORE FROM N&K STATING THAT THEY WERE GOING TO SUE ME AND THAT THIS WAS JUST A COURTESY CALL

 

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

 

7. Was the service legal as required by your state?  AS FAR AS I CAN MAKE OUT FROM THE PROCEDURE FOR CA, IT WAS LEGAL

 

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?  RECEIVED NO COMMUNICATION IN ANY WAY, SHAPE OR FORM UNTIL THEY LEFT A VOICE MESSAGE ON MY CELL PHONE STATING THAT THEY WERE GOING TO SUE ME AND THIS WAS JUST A COURTESY CALL.  I CALLED THEM BACK TO FIND OUT WHAT THIS WAS AND THEY TOLD ME THAT THEY REPRESENTED RAZOR CAPITAL, WHO BOUGHT MY DEBT FROM AVANT  AND THEY WERE GOING TO SUE ME CONCERNING THIS DEBT.  IT WAS VERY DIFFICULT FOR ME TO UNDERSTAND THE PERSON I WAS TALKING TO CAUSE THEY SPOKE VERY LOW AND I HAD TO KEEP ASKING THEM TO REPEAT WHAT THEY WERE SAYING.  I WAS ON MY BREAK AT WORK AND IT GOT ME UPSET. THEY SENT ME OUT A FINANCIAL STATEMENT FOR ME TO FILL OUT AND THAT I NEEDED TO INCLUDE COPIES OF ALL PAYCHECK STUBS, BANK STATEMENTS, ALL MONTHLY BILL STATEMENTS, AND ALL THE INFORMATION ON WHO I AM EMPLOYED WITH AND A COPY OF THE ORIGINAL AGREEMENT FROM AVANT, EXHIBIT A (1/4 PAGE OF WRITING THAT STATES BILL  OF SALE AND ASSIGNMENT), AFFIDAVIT OF SALE OF AVANT, AND CERTIFICATE OF CONFORMITY (NOT SURE WHAT THAT IS).  

 

9. What state and county do you live in?  FRESNO CO., CALIFORNIA

 

10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations)  OCTOBER 2013

 

11. What is the SOL on the debt? To find out:  I BELIEVE IT FALLS UNDER THE 4 YEAR STATUTE

 

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).

AT THIS POINT ONLY BEEN SERVED

 

13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?)  NOT THAT I KNOW

 

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, DIDN’T KNOW BOUT THAT

 

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 FROM THE DATE I WAS SERVED (JULY 4TH)

 

Here is an example of what the summons/complaint may look like: Sued by a Debt Collector - Learn How to Fight Debt Lawsuits

16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits.  COMPLAINT, VERIFICATION PAGE AT THE END STATING THEY ARE THE ATTORNEY, ETC. (HOWEVER, AT THE END OF THE COMPLAINT AND THE VERIFICATION PAGE, IT IS DATED AT THE END OF MAY AND AT THE END OF THE VERIFICATION PAGE THAT IT WAS EXECUTED IN SACRAMENTO, COUNTY OF SACRAMENTO, CALIFORNIA, THEN THERE IS A PAGE THAT ONLY SAYS EXHIBIT A FOLLOWED BY THE ORIGINAL LOAN AGREEMENT WITH AVANT CREDIT, THEN A BLANK PAGE THAT ONLY SAYS EXHIBIT B, THEN A ½ PAGE OF WRITING THAT SAYS IT’S A SUMMARY OF EXHIBIT 2, ANOTHER EXHIBIT A THAT IS THE ¼ PAGE THAT SAYS BILL OF SALE AND ASSIGNMENT, AFFIDAVIT OF SALE OF AVANT CREDIT, AND CERTIFICATE OF CONFORMITY PAPER.  PLEASE NOTE THAT IN THE COMPLAINT, IT REFERS MANY TIMES TO EXHIBIT 1, BUT THERE IS NO EXHIBIT 1 INCLUDED IN THE PAPERS I RECEIVED WHEN I WAS SERVED.  

NOT SURE IF I RECEIVED AN INTERROGATORY (NOT SURE WHAT IT LOOKS LIKE).  ALSO, NOT SURE WHERE I WOULD FIND THE CHARGES &/OR WHAT THEY ARE CLAIMING.

 

 

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