phitchings

Bad Affirmative Defense, Can I still win? Help! Please!!

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Im being Sued in CA by PRA.  I responded to the answer (i was not served but feared a default judgement so I responded)  Of course this was all before I came across this website.  I have now been sent papers for discovery.  Not sure how to answer them because of my response.  Please advise.  Im running out of time the request was sent to me on 11/13/2016 .   Im not aware of a court date 

 

 

 

 

response for production2.docx

response to interrogatories2.docx

Response toRequestof Admissions (Autosaved)2.docx

2016AnswertoPRA.pdf

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Do you mean the discovery request was sent to you on 10/13/2016?

Also, be sure you know the difference (in time/date) between being served & receiving the request. The discovery request should have come with a proof of service indicating the date it was placed in the mail, that is the important date; you have 35 days from that date to place your response in the mail. What was the date of service?

I recommend you do a search of the site for other threads by CA members who have been sued by PRA. These junk debt buyers reuse the same discovery requests for everybody, so it;s very likely that you'll find a few threads with the exact same requests PRA made of you & you'll benefit from seeing some polished answers as well as the discussions related to those answers.

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Thank you ,  for the much needed help. .  Both the Documents & proof of service say Oct. 13.  The Complaint received also had a partial copy of 2 credit card statements from GE Capital Bank with the account # blacked out all but the last 4..  My name & another with the account # , how much was owed and the interest rate.

I was in an abusive relationship for 28 years, In 2012 we went to a jewelry store & looked at a ring ( hoping to salvage things I guess) My credit was better so it would cost less if purchased under my name.  I convinced him it was too much, & things were too rocky so we left.  He knew I was planning to leave & in  July of 2013 he spontaneously brought me back to that same store , the staff were waiting & he proposed.  Knowing better than to embarrass him i said yes.  He kept on saying no matter what happens he will pay for this ring. The papers were all prepared from the prior year, just need a my signature.  I tried to bring the ring back but 8 days had passed & they only do returns up to 7 days & the manager was out for a few days.   Things got uglier  between us real quick.  Before I permanently moved out in Nov. of 2013 He violently  removed the ring from my hand.   That was the last I saw it .  After I left he lost every thing our house, he let his business go & is now kinda lives with our daughter.  He said he pawned the ring.  I went to the police who said there was nothing they could do if both names were on the account. I went to the pawn shop they refused to give me information because i didn't have the slip even if my name was included with the ownership.    Not sure if any of this has any relevance that could help me.   

The only bill I saw  is perhaps a September statement but it was from GE Capital  Retail Bank I think but when I left I had to leave just about every thing & I don't have any paper work.  A lot of my things were burned while I was leaving.

I will review the other threads on this site.  Very thankful for any & all advise (suggestions)

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I made some changes, would appreciate it if you could see if things look better also should I send a bill of particulars and or request docs from PRA?  Im lost on if i should be doing anything  else?   

Also with the lack of responses is this appearing to b a loosing battle?

Thank you for your time

response for production2.docx

response to interrogatories2.docx

BOPforPRA20162.docx

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Sounds like a rough time. Unfortunately you have to deal with this lawsuit because of it, but, fortunately, CA has favorable laws for consumers in suits like these. CA law places the burden of proof on PRA, not you. Your job will be to make them prove their case & then block their attempts to do so. Once you read some CA threads you'll understand. This is a good one: http://www.creditinfocenter.com/community/topic/317277-how-i-beat-midland-in-california/

So if the service date on the discovery request was Oct 13, 35 days from that date would be Nov 17th - your response needs to be in the mail by this day, you have time to work on this. It's been a little slow around this forum lately, the lack of responses to your thread right now don't mean that your case is a losing battle. Hardly. It would be good to get some additional info though, try to post answers to the questions in this thread, http://www.creditinfocenter.com/community/topic/242744-qs-to-answer-when-posting-in-this-forum-please-read/, it'll help us out. Try to make a few details vague (dollar amounts, etc.), sometimes this forum has prying eyes.

 

Will check out your responses in the meantime.

 

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1. Who is the named plaintiff in the suit?

PRA

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

Hunt & Herriques

3. How much are you being sued for?

$3111.71

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

GE Capital Retail Bank

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

No i was afraid they were going to try to get a default judgment.  So when i learned a complaint was filed I answered it

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

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

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?

I returned a call after receiving a letter (which I can not locate).  I told them it was my ex's debt they said my name was the only one they were aware of .  Even though the complaint had attached a copy of a GECRB statement which has my name then his.  They threatened legal action & intimidated me so i told them I was a seasonal worker on unemployment and at most could only offer $25. a month.  Man on the phone said they would take 150.00. I said impossible he said he would talk to boss & call back .  When he called back he said boss said "no" to agreeing to it but for me to send the money anyways. (I didn't)

9. What state and county do you live in?

California Merced County

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

I dont think i ever did .  My ex did if any were made They state last payment 01/2014

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 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).

complaint filed 08/25/2016,   answer filed 09/26/2016  fee waiver filed 09/26/2016

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?

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That looks fine. make sure if you have not already done so revoke telephone communication consent (TCPA) and be mindful of any FDCPA violations that may have occurred as for a possible counter suit.  Does the CC card hold a arbitration clause?  Look into invoking that to prevent a judgement.  Also you said it was also your EX's worst case, you can cross-claim him into the suit.

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This is a junk debt buyer that has filed suit, arbitration is not the way to go when CA law is so favorable to a defendant in this type of case. Defendant can prevent a judgment by forcing the plaintiff to prove their case according to the California Code of Civil procedure, which typically results in a JDB having to dismiss it's suit.

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Well I got every thing sent off (responses and request).  Thank you sooo much for your help.  I know I have a lot of research to do I believe my next step is to file a "case Management Statement".  I start preparing an outline, not quite sure how to begin that and stay on point but like I said , I have a lot of research to do.  I'll continue to post as things progress. 

Thanks again so happy I found this site!!!!

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I sent Interrogatories,  Request of Admissions, Demand of Documents and Bill of Particulars to PRA attorney.  They responded to the demand for bill of Particulars by attaching every billing statement from GE Capital Retail Bank  staring in 07/13 - 08/14.  but there was not a bill of sale or any other documents but quote

"Additional statements, if and when located will be sent in a supplemental Bill of Particulars."

Waiting for the rest which I mailed on November 15th so they still have some time.

Please advise to how I should be preparing for the next step.

Thank you

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i Looked on the court website to see any updates on my case and now the is a Notice of Case Management Hearing .  The notice was only sent to the plaintiff, why?   Please tell me how I should be preparing.  Please .  Any and all help is needed and so very much appreciated.

Pam

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There's a case management form you are supposed to fill out and send it14  days before the hearing. You can find it on the state website or google it. Go to the hearing. It's pretty fast and easy, you don't argue the case there. It's just to fill the judge in on what's happening with  the  case and maybe set a trial date. 

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Thank you, but why would they only send notice of this to the attorneys for portfolio recovery associates and not me.  Just worried that they filed some motion that I have no clue about and tomorrow my bank account empty 

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2 hours ago, phitchings said:

Thank you, but why would they only send notice of this to the attorneys for portfolio recovery associates and not me.  Just worried that they filed some motion that I have no clue about and tomorrow my bank account empty 

No telling, most courts are plaintiff friendly. You can keep an eye on the online court docket and regularly check your case. Even if the court doesn't notify you it will still be entered into the docket. Also, plaintiff is supposed to send you a copy of everything they file. If you are paying attention they will have a hard time sneaking something in. There's also rules on notifying parties.

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13 hours ago, phitchings said:

Thank you, but why would they only send notice of this to the attorneys for portfolio recovery associates and not me.  Just worried that they filed some motion that I have no clue about and tomorrow my bank account empty 

If they only served Plaintiff with the notice, the court probably directed plaintiff to serve you.  Both parties must get notice of every hearing.

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Declaration of Plaintiff in Lieu of Personal Testimony at Trail.  Help Please.  This is what I just saw on the web while doing my daily checks.   I did realize they decided to drop my apartment number on the documents they are filing so that's why I'm not getting any of information being filed.

How should I be dealing with this?  Feeling very overwhelmed and out gunned.

Would be so grateful for any help !!!!!  

Thank You 

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It's standard operating procedure for bottom feeders. There should be a lot of info on it here to research. Also read the code CCP 98. Read the declaration they gave you very closely. See who makes the declaration and subpoena him/her 20 days prior to court. Object to the ccp 98 declaration.

Not out gunned. Most of the people here who beat them received a ccp 98 declaration.

Do you have the copy of the declaration? You may have to send the lawyer a letter giving them your address if you aren't being served anything.

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I would make up a document called "Notice of Non service and Correct Address".  Say something like this:

 

Defendant recently reviewed the docket in this matter and observed that documents filed by Plaintiff have not properly been served and have not been received by Defendant.  The correct address for service is:

  1. Maybe underline the Apt. No.

Defendant requests that all documents filed and or improperly served on Defendant be re-served immediately by express mail.

I would file the document with the Court and serve it on Plaintiff with a letter demanding the same thing.  You might want to get a copy of the declaration when you file the notice.

If you don't want to file a notice, just send the letter.  I would send by overnight delivery.

 

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