Adverse_Martyr

Sued by Unifund CCR, LLC

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. Who is the named plaintiff in the suit?

Unifund CCR, LLC

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

Law Offices of Marvin S.C. Dang, LLLC

3. How much are you being sued for?

$14f00 approximately.

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

Citibank

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?

As far as I know.

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

They sent me a letter and I replied with a DV. They replied with a letter stating almost $2000 was owed and provided one page Credit Card statements dated for June and July of 2011 showing amounts of (approximately) $1400 and $1440

9. What state and county do you live in?

Honolulu, Hawaii

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

Evidently the last time a payment was made on the account was in May of 2011 as no late fee is shown on the June bill.

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

From what I have found online the SOL for Hawaii is 6 years.

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 served for a First Amended Complaint. When I looked it up online it shows one was started in May, and also shows an Amended complaint now.

13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?)

I haven't, is this something I should do?

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.

Yes. They replied a few days later.

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 to appear in court on the 2nd Monday following the papers being served.

I did not receive a questionnaire

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

There was a Declaration attached stating:

1.      I am employed as Legal Liaison by Unifund CCR, the current owner of the subject account. I am authorized to make this declaration and have personal knowledge of the records of this account maintained by Unifund as they relate to the purpose of collecting delinquent debt. I am competent to testify to the matters stated in this declaration. I am familiar with the records of Unifund’s records related to the credit card account

2.      All information maintained by Unifund CCR LLC contained in and or about delinquent cc accounts is made available to me for the purpose of collecting delinquent debt owed on the cc accounts. The records regarding cc account # of Defendant are made and maintained in the course of Unifund’s regularly conducted business activity. Entries into those records are made at or near the time of the acts or events by persons having personal knowledge of those acts or events.

3.      Based on information provided to Unifundby issuer of the account & upon my knowledge of industry practices Defendant applied for card causing card to be opened in D name

4.      “Based…practices” D subsequently used cc for purposes of purchasing…

5.      “…practices” D has been issued written statements off CC showing each transaction…as well as any finance charges imposed on unpaid account, along with other charges that might apply.

6.      “Based…” D failed to make payments.

7.      Demand has been made for D to make payment of the balance owing on the cc account described above.

8.      Unifund’s records show that D owes balance of $14** as of May 9, 2016

Dated – Ohio May 9, 2016

Signature of person

 

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Find your cardmember agreement and go for private contractual arbitration. If you stay in court, Dang will keep appearing even with their sloppy evidence. There was a recent Hawaii case where arb got a dismissal with prejudice after filing a Motion to Compel Private Contractual Arbitration. Read up here-

 

Recent Hawaii case-

 

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Is this District Court?

Find your cardmember agreement, last one when the account was active should be fine. http://www.consumerfinance.gov/credit-cards/agreements/

It will tell you anything special you'd need to send but when you do a Motion to Arb which Dang and the court will both get copies of, they'll have notification from that.

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You'll have your motion filed by the deadline to file your answer to get you out of there in an expedited manner with the least amount of visits. If you're in District Court, review the rules. I believe there are two sets along with any local ones.

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If that matches the CFPB one, it should be fine, otherwise they may argue you just got it off the internet somewhere and it doesn't apply to the account. Filing a CFPB complaint online against Citi will also get you an agreement from Citi that couldn't be argued doesn't apply. For $1,400 debt either JAMS or AAA are fine, it will cost more than that to initiate arb with either for them. JAMS is more costly though.

http://www.consumerfinance.gov/complaint/

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Yeah. After the Judge approves your MTC Arb then file with AAA or JAMS. At this point with a lawsuit filed you're asking the Judge to put the brakes on the court case so you can file arb. After your MTC Arb is approved, the case should be stayed/frozen then there will be a status date in the future when the Judge will check on how the arb is proceeding. You don't want to come back to that status hearing showing you haven't done a thing to proceed with arbitration but you will be in a good spot if you show you've done everything to proceed and the Plaintiff hasn't done their part. Remember you'll have a court order to arbitrate so you don't want to be in violation of that.

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Hey AM - I just went through something similar, though with Chase / Midland, so possibly different terms.  What worked for me was finding a relevant card member agreement that happened to have an Arbitration and Arbitration Survival clause.  This is what ultimately helped steer the case to a dismissal with prejudice ('with' is what you want though instinctively it's easy to feel 'without' might be better - 'with' means the dismissal is finite.  'without' means they have the option to reopen the case at another time).

It sounds like you're still to appear at your 1st pre-trial conference.  If so, depending on how you plan to proceed with your case you'd appear before the judge to declare that you 'deny' the charges (if that's what you're planning on doing, based on what kind of evidence you're able to collect).  It's likely the Dang attorney won't even be there - they weren't with my 1st appearance.  This is a painless step, mainly to get your plea into court records.  After this happens, there is a LOT of research you'll need to do, all based on how you're planning to pursue your case.  You'll receive a date for your next pre-trial appearance during which you'll start directing the course of your case.  I was assigned a 2 month period, asked for 3 which was granted (I wanted the additional time to prep and study).

The initial court system was a lot less complicated than i'd imagined - I was psyching myself out for the worst (which I suppose wasn't a bad thing, kept me on my toes).  The 2nd appearance was a little disorienting because Dang presented me with the option to declare ID theft.  At the time, in that frame of mind, it sounded like a good idea and might allow me to pursue without going much further in court - the Dang attorney pointed out that we had a mutual friend and implied that he was suggesting this as a sort of favor.  Naturally, in the end it was BS but at the time I didn't know what to think.  So I agreed to receive the ID theft paperwork then proceed from there.

Once I did receive, it was a series of docs that required very detailed (notarized) information beyond what I think they already had.  This is when I started to look deeply into the card member agreement terms, and begin aggressive research into a Motion to Compel Arbitration closely following the advice of the guys here.  This is a very intensive process, and if you read the thread that relates to my situation, it shows step-by-step procedures and considerations.  I generated a lot of court documents that both were filed, and just prepared to address other possible outcomes.  But reading and re-reading through the related threads here was what really kept me on track.

I'll keep aware of this thread, and will try to help how I can.  Hopefully, and depending on your card member agreement terms, you'll be able to get through this with the same success I did! 

 

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Yeah, I've read through your thread. I'm planning to just push straight for the arbitration.  I will go to the court on Monday to see about filing the MTC Arbitration. I'd like to make the whole process shorter than what you detailed. Was the MTC something where you had to take papers somewhere else, or were all the necessary forms at the courthouse?

I spent some time trying to see if I had any other papers from Dang, and I did find a packet of CC papers Dang sent me as a result of the DV which had a cardmember agreement inside right behind their letterhead.

And it says that arbitration can be entered into at anytime by either party. So I'll just go ahead and start with that.

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I'm not sure how that works, to push for MTC A at your 2nd pre-trial conference, if it's as straightforward as that.   Something to consider, there's a 14 calendar day period prior to your trial date where you're supposed to submit the MTC A papers to the court clerk for processing and approval, and a verified (court stamped) copy sent to Dang.  If you're already within this timeframe, you'd have to file a Motion to Shorten Time with the MTC A with reasonable explanation of why you're eligible for the shortened time, which allows paperwork submission to be recognized and accepted by the court prior to your scheduled trial short of the 14 day deadline.  If time is on your side, I suppose you can go straight to MTC A - i'm not really sure.  

The Motion(s) require forms 1DC38 (MTCA) and 1DC15 (MTST) available on http://courts.state.hi.us.  I generated my own MTCA form based on a comfortable format, but filled out the online forms as the cover and listed the generated form as an attachment.  This(ese) forms need to be taken to the Alakea St courthouse, 3rd floor, 'Legal Document' window.  They're not very helpful, so don't expect too much from them.  If you have questions, sign up on the customer service section list that's situated before legal documents.  They're pretty helpful, but with fundamental info, no legal or other specifics.  On the same floor there's also the 'Access to Justice' desk (legal aid) on MWF 9-1.  They're not especially helpful strategically, but they can confirm whether your forms are filled out right.

One of the docs that helped me a lot is : http://www.courts.state.hi.us/docs/court_rules/rules/hrcp.pdf  HI rules of civil procedure.  That specifies timelines, basic court and other formalities.  It seems like a daunting read but it's really not.  

Anyhow, hope this helps!

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9 minutes ago, GTHMHNL said:

to push for MTC A at your 2nd pre-trial conference

I meant, 1st and 2nd pre-trial conference.  I believe if it's the 1st, it's meant only to enter a plea.  It doesn't allow for motions, etc.  

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I went into the courthouse (totally off topic - I hate all those one way streets, I'm glad I went in today, I would have never made it to the court room on time if I had tried to get there for the first time that day) and talked with the clerk there about the MTC, and she was confused if they even had them. So she referred me to the lawyer on site. He met with me for about 15 minutes, told me that what I wanted to do was fill out a Motion To Dismiss and under that site the desire to compel the arbitration clause as the reason.

He also suggested calling Marvin Dang's office as a courtesy to let them know I am planning on doing this when I go on Monday to see if they would agree to it before I even turn anything in. Is there a downside to me giving them a call? 

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On 7/29/2016 at 8:25 PM, GTHMHNL said:

I'm not sure how that works, to push for MTC A at your 2nd pre-trial conference, if it's as straightforward as that.   Something to consider, there's a 14 calendar day period prior to your trial date where you're supposed to submit the MTC A papers to the court clerk for processing and approval, and a verified (court stamped) copy sent to Dang.  If you're already within this timeframe, you'd have to file a Motion to Shorten Time with the MTC A with reasonable explanation of why you're eligible for the shortened time, which allows paperwork submission to be recognized and accepted by the court prior to your scheduled trial short of the 14 day deadline.  If time is on your side, I suppose you can go straight to MTC A - i'm not really sure.  

The Motion(s) require forms 1DC38 (MTCA) and 1DC15 (MTST) available on http://courts.state.hi.us.  I generated my own MTCA form based on a comfortable format, but filled out the online forms as the cover and listed the generated form as an attachment.  This(ese) forms need to be taken to the Alakea St courthouse, 3rd floor, 'Legal Document' window.  They're not very helpful, so don't expect too much from them.  If you have questions, sign up on the customer service section list that's situated before legal documents.  They're pretty helpful, but with fundamental info, no legal or other specifics.  On the same floor there's also the 'Access to Justice' desk (legal aid) on MWF 9-1.  They're not especially helpful strategically, but they can confirm whether your forms are filled out right.

One of the docs that helped me a lot is : http://www.courts.state.hi.us/docs/court_rules/rules/hrcp.pdf  HI rules of civil procedure.  That specifies timelines, basic court and other formalities.  It seems like a daunting read but it's really not.  

Anyhow, hope this helps!

Thank you for the help! It makes the steps a bit easier to walk through. 

I'm pretty sure the court appreciates people trying to clear things from their list as quickly as possible, and the lawyer didn't appear to find it an odd thing to do right at the outset after being served papers.

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15 hours ago, Heather McGrevin said:

My bank account has been levied by unifund and I believe this is not legal at all. This is for a car that was repossessed in 2005 and my account was already levied in 2012. Please assist me in this matter

It would be best to start your own thread, rather than posting in this old one.  Since this sounds like they have a judgment, it might be best to post here:

https://www.creditinfocenter.com/community/forum/197-post-judgment-forum/

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