HelpInCali Posted December 8, 2016 Report Share Posted December 8, 2016 1. Who is the named plaintiff in the suit? LVNV FUNDING LLC 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) HUNT & HENRIQUES 3. How much are you being sued for? $1700 4. Who is the original creditor? (if not the Plaintiff) Credit One Bank 5. How do you know you are being sued? (You were served, right?) Served with summon & complaint. (Complaint not verified) 6. How were you served? (Mail, In person, Notice on door) My brother handed me the summon & complaint on 11/08/16. 7. Was the service legal as required by your state? I have read that for substitute service "the service is complete 10 days after mailing the summons to the served party". I noticed the postage date stamp on the envelope that contained the copy of the summon & complaint was 11/10/2016 and the JDB filed the POS on 11/18/2016, not sure if that's a big deal or not. 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? None 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) I don't remember but the Complaint states last payment was in Octover 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 looking it up online (many states have this information posted - when you find the online court site, search by case number or your name). Per court website, CASE STATUS: PENDING. The last entry on file 11/18/16: Proof of Service of 30-day Summons & Complaint - Substitute filed by LVNV Funding LLC. 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? Since I was substitute served I am given 40 days to give an answer, so the deadline to respond is 12/18/16 (11 days). Complaints are for (1) Account Stated, (2) Open Book Account 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. Exhibit A was the last credit card statement before it was charged off, Exhibit B is the same credit card statement as Exhibit A. I have learned a lot from reading through this forum these past few days (especially ASTMedic & AuthorCat's threads) and I am grateful for all the information that will help me in my first battle with the JDB. I have drafted a General Denial (downloaded form from my local courts website) and I am planning to use the "lack of standing" affirmative defense. I am planning to send the JDB a BOP (drafted by CALawyer), CMRRR of course, but am unsure if I should send the BOP before/after my General Denial or just send them both together at the same time. Any insights? Quote Link to comment Share on other sites More sharing options...
sadinca Posted December 8, 2016 Report Share Posted December 8, 2016 you can send it both together. what i did in my case was to serve the BOP over a week prior of filing my answer. a long shot, but a possible one, is that plaintiff doesnt see an answer to the complaint, the could ignore the BOP giving you an easier path to move to compel further BOP (if you decide to go that route) and/or you will have an easier time answering their discovery request. 1 Quote Link to comment Share on other sites More sharing options...
calawyer Posted December 13, 2016 Report Share Posted December 13, 2016 @Admin. Is there an initial post here or was it deleted? Quote Link to comment Share on other sites More sharing options...
BV80 Posted December 13, 2016 Report Share Posted December 13, 2016 @calawyer @sadinca We are contacting the appropriate admin to address this problem which is occurring in multiple threads. 2 Quote Link to comment Share on other sites More sharing options...
calawyer Posted December 13, 2016 Report Share Posted December 13, 2016 5 hours ago, BV80 said: @calawyer @sadinca We are contacting the appropriate admin to address this problem which is occurring in multiple threads. Thanks. Quote Link to comment Share on other sites More sharing options...
HelpInCali Posted December 14, 2016 Author Report Share Posted December 14, 2016 On 12/8/2016 at 8:41 AM, sadinca said: you can send it both together. what i did in my case was to serve the BOP over a week prior of filing my answer. a long shot, but a possible one, is that plaintiff doesnt see an answer to the complaint, the could ignore the BOP giving you an easier path to move to compel further BOP (if you decide to go that route) and/or you will have an easier time answering their discovery request. Thank you for your quick response SadInCA. I sent the BOP on 12/09/16 and will be filing the General Denial in the next few days. What other documents should I send in the Discovery process? Quote Link to comment Share on other sites More sharing options...
sadinca Posted December 14, 2016 Report Share Posted December 14, 2016 in the mean time just stay tuned, the answer to the BOP should take approximately 20 days give or take. what you can do is stick around, follow other california threats, read past threats to give you an aide of what is ahead of you. also, if you can, can you quote your original post and tag calawyer so he can read it too? 1 Quote Link to comment Share on other sites More sharing options...
HelpInCali Posted December 14, 2016 Author Report Share Posted December 14, 2016 On 12/7/2016 at 4:55 PM, HelpInCali said: 1. Who is the named plaintiff in the suit? LVNV FUNDING LLC 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) HUNT & HENRIQUES 3. How much are you being sued for? $1700 4. Who is the original creditor? (if not the Plaintiff) Credit One Bank 5. How do you know you are being sued? (You were served, right?) Served with summon & complaint. (Complaint not verified) 6. How were you served? (Mail, In person, Notice on door) My brother handed me the summon & complaint on 11/08/16. 7. Was the service legal as required by your state? I have read that for substitute service "the service is complete 10 days after mailing the summons to the served party". I noticed the postage date stamp on the envelope that contained the copy of the summon & complaint was 11/10/2016 and the JDB filed the POS on 11/18/2016, not sure if that's a big deal or not. 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? None 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) I don't remember but the Complaint states last payment was in Octover 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 looking it up online (many states have this information posted - when you find the online court site, search by case number or your name). Per court website, CASE STATUS: PENDING. The last entry on file 11/18/16: Proof of Service of 30-day Summons & Complaint - Substitute filed by LVNV Funding LLC. 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? Since I was substitute served I am given 40 days to give an answer, so the deadline to respond is 12/18/16 (11 days). Complaints are for (1) Account Stated, (2) Open Book Account 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. Exhibit A was the last credit card statement before it was charged off, Exhibit B is the same credit card statement as Exhibit A. I have learned a lot from reading through this forum these past few days (especially ASTMedic & AuthorCat's threads) and I am grateful for all the information that will help me in my first battle with the JDB. I have drafted a General Denial (downloaded form from my local courts website) and I am planning to use the "lack of standing" affirmative defense. I am planning to send the JDB a BOP (drafted by CALawyer), CMRRR of course, but am unsure if I should send the BOP before/after my General Denial or just send them both together at the same time. Any insights? Quote Link to comment Share on other sites More sharing options...
HelpInCali Posted March 20, 2017 Author Report Share Posted March 20, 2017 UPDATE: Trial Readiness Conference scheduled for 06/09/17 Trial scheduled for 06/23/17 I received the JDB's response to my RFAs, RFPs, and ROGs on Friday. RFAs: First request for admissions.docx JDB answers to RFA.pdf ROGs: First request for special interoggatories_redacted.docx JDB answers to ROG.pdf RFPs: First request for production_redacted.docx JDB answers to RFP.pdf JDB answers to RFP_Bill of Sale.pdf Bill of Sale for a data file. I noticed that a Rusty Kendall is an authorized representative for both FNBM, LLC and LVNV Funding LLC but the signatures do not look similar. They also sent me the CC Agreement.pdf, along with 2 years worth of statements from Oct 2012 - Oct 2014. I will be following SeaDragons's 60 day Pretrial Timeline: 04/24/17 - Start my Trial Brief. 05/09/17 - Send other parties CCP 96 statement, send my trial brief and declaration in lieu of live testimony to plaintiff. 06/03/17 - Subpoena witness identified in CCP 96, CCP 98 declarant at the address stated in the declaration, prepare trial binder and go over all information. I believe the cut-off date for discovery is 05/19/17. I would like to know what my next steps should be while I am still in the discovery stage. Quote Link to comment Share on other sites More sharing options...
AuthorCat Posted March 22, 2017 Report Share Posted March 22, 2017 On 3/20/2017 at 3:38 PM, HelpInCali said: Bill of Sale for a data file. Have they sent you the data file entitled "CreditOne_Payers_112014_xisx" file? I'm fairly certain they haven't but I need to be sure. If they haven't, you can send them your RFP, Set Two requesting it. Don't worry about Rusty Kendall or any other 'authorized representative'. Focus on the electronic data file that they haven't produced. Also, title it "Defendant's Request for Production of Documents, Set Two". 1 Quote Link to comment Share on other sites More sharing options...
AuthorCat Posted March 22, 2017 Report Share Posted March 22, 2017 On 3/20/2017 at 3:38 PM, HelpInCali said: 06/03/17 - Subpoena witness identified in CCP 96 You don't need to subpoena any witnesses on their response to your CCP 96 because that's the person they intend to introduce at Trial. But they DO have to give a name and address of said witness and can't get away with "Plaintiff's custodian of records". 1 Quote Link to comment Share on other sites More sharing options...
1stStep Posted March 22, 2017 Report Share Posted March 22, 2017 8 hours ago, AuthorCat said: You don't need to subpoena any witnesses on their response to your CCP 96 because that's the person they intend to introduce at Trial. But they DO have to give a name and address of said witness and can't get away with "Plaintiff's custodian of records". For $1,700 do not expect LVNV to produce a witness... Focus on the documents produced. It is highly unlikely that anyone from Credit One will appear to authenticate at trial. Brush up on CCP 98 as LVNV will try to "self-authenticate" what they produce at trial. 1 Quote Link to comment Share on other sites More sharing options...
AuthorCat Posted March 22, 2017 Report Share Posted March 22, 2017 1 hour ago, 1stStep said: Brush up on CCP 98 as LVNV will try to "self-authenticate" what they produce at trial. Odd, but both LVNV and Midland never sent us a CCP 98 in either of our cases. Maybe because the dollar amounts were low? Ours were for $1387 and $1138, respectively. But if I remember correctly, I do believe I've read on this board someone with less than $1,000 had been served a CCP 98. But yes, you're absolutely correct, 1stStep. HelpInCali should be prepared to subpoena should LVNV serve a CCP 98 - although, according to her/his post above, s/he originally planned to subpoena the witness in LVNV's response to the CCP 96, and I only wanted to let her/him know that it isn't necessary--and why. Quote Link to comment Share on other sites More sharing options...
HelpInCali Posted March 22, 2017 Author Report Share Posted March 22, 2017 13 hours ago, AuthorCat said: Have they sent you the data file entitled "CreditOne_Payers_112014_xisx" file? I'm fairly certain they haven't but I need to be sure. If they haven't, you can send them your RFP, Set Two requesting it. Don't worry about Rusty Kendall or any other 'authorized representative'. Focus on the electronic data file that they haven't produced. Also, title it "Defendant's Request for Production of Documents, Set Two". No they did not send the data file, only a print out of the data file. It's in the Bill of Sale pdf, pages 3-9. Thank you for responding AuthorCat, I will focus on the data file and will begin drafting the RFP, Set Two. 1 hour ago, AuthorCat said: Odd, but both LVNV and Midland never sent us a CCP 98 in either of our cases. Maybe because the dollar amounts were low? Ours were for $1387 and $1138, respectively. But if I remember correctly, I do believe I've read on this board someone with less than $1,000 had been served a CCP 98. But yes, you're absolutely correct, 1stStep. HelpInCali should be prepared to subpoena should LVNV serve a CCP 98 - although, according to her/his post above, s/he originally planned to subpoena the witness in LVNV's response to the CCP 96, and I only wanted to let her/him know that it isn't necessary--and why. I was thinking of subpoenaing both but thank you for clearing that up for me 1stStep & AuthorCat. If I do happen to receive a CCP 98 from LVNV/H&H in the upcoming weeks, I will subpoena the witness identified in CCP 98. For now I will focus on work on getting RFP, Set Two ready. Thank you both! 2 Quote Link to comment Share on other sites More sharing options...
Roots Posted April 17, 2017 Report Share Posted April 17, 2017 @HelpinCali any updates on your case? Did you receive a CCP 98? Quote Link to comment Share on other sites More sharing options...
HelpInCali Posted April 18, 2017 Author Report Share Posted April 18, 2017 On 4/17/2017 at 4:20 PM, Roots said: @HelpinCali any updates on your case? Did you receive a CCP 98? Hello Roots. No I have not received a CCP 98 from H&H yet. The only update so far is that I served them my RFP, Set Two on 03/31/17 and they received it on 04/03/17. I am waiting on their response but I'm guessing they will probably send it near the deadline like they have with the other discovery items that I've previously requested. I will keep everyone updated if anything new comes up. 2 Quote Link to comment Share on other sites More sharing options...
Roots Posted April 19, 2017 Report Share Posted April 19, 2017 @Helpincali thanks for responding and documenting your case for others' perusal. Looking forward to seeing your case play out in your favor! At some point I'd like to see how you drafted your RFP set two as I may have to request electronic data also. Thanks! Quote Link to comment Share on other sites More sharing options...
HelpInCali Posted April 19, 2017 Author Report Share Posted April 19, 2017 23 hours ago, Roots said: @Helpincali thanks for responding and documenting your case for others' perusal. Looking forward to seeing your case play out in your favor! At some point I'd like to see how you drafted your RFP set two as I may have to request electronic data also. Thanks! You're welcome Roots. I hope it plays out in my favor as well . I can PM you a redacted version of the RFP, Set Two when I get to my home computer. 2 Quote Link to comment Share on other sites More sharing options...
PSteele Posted May 5, 2017 Report Share Posted May 5, 2017 That "xisx" file may actually be more important than you would think. A file with the extension of .xlsx is a Microsoft Excel file, which makes a lot of sense. xisx, on the other hand ... I'd be extremely surprised if that file even exists. Quote Link to comment Share on other sites More sharing options...
HelpInCali Posted May 11, 2017 Author Report Share Posted May 11, 2017 On 5/4/2017 at 5:19 PM, PSteele said: That "xisx" file may actually be more important than you would think. A file with the extension of .xlsx is a Microsoft Excel file, which makes a lot of sense. xisx, on the other hand ... I'd be extremely surprised if that file even exists. It could be because I work with Excel files every day, but I read the file as ""CreditOne_Payers_112014_xlsx" on the Bill of Sale. My RFP, Set Two was focused on that specific ".xlsx" data file. UPDATE: The CCP 96 was just served to H&H today. They have not send me a CCP 98 yet. I am working on my Trial Brief, which has gotten my head spinning a bit, but I'm determined to understand it all. I have not receive a response from H&H regarding my RFP, Set Two and I am sure they have passed the deadline for their response. I did receive a few missed calls from them but no voice messages were left. Should I send them a Meet & Confer letter? Quote Link to comment Share on other sites More sharing options...
AuthorCat Posted May 11, 2017 Report Share Posted May 11, 2017 55 minutes ago, HelpInCali said: The CCP 96 was just served to H&H today. Good! Btw, I had waited with drafting the Trial Brief until I got a response (or actually didn't get one for my first case) on my CCP 96 or until the deadline passed. In that first case, they didn't respond making drafting the Trial Brief eezy-breezy. They responded to the second one and it was a little more difficult. Calawyer cautions against long Trial Briefs. Judges are busy and don't have time to read the whole thing. My first Trial Brief was a few pages long. Second one was just 11. Plaintiff didn't file a trail brief in either cases (as Anon Amos said they might not since they rarely do--and he was right). 58 minutes ago, HelpInCali said: I have not receive a response from H&H regarding my RFP, Set Two and I am sure they have passed the deadline for their response. I did receive a few missed calls from them but no voice messages were left. Should I send them a Meet & Confer letter? They have 30 + 5 if service is my mail. You wrote above that you served your RFP, Set Two on 03/31. That means you should have received their response on or before Fri., May 5th. It's almost a full week later, so if it were me, I would mail an M&C. Your Trial date isn't until 06/23 so you still have time. In my case, I got a couple of calls without voicemail message, too. They're to try and get you to settle. It's why they didn't leave a message. I'd write them an M&C just so they know I'm on top of this. It can't hurt. Be sure to CMRRR. 1 Quote Link to comment Share on other sites More sharing options...
sadinca Posted May 11, 2017 Report Share Posted May 11, 2017 1 hour ago, HelpInCali said: They have not send me a CCP 98 yet is H&H still within the deadline? "at least 30 days prior to trial"? 1 hour ago, HelpInCali said: Should I send them a Meet & Confer letter? they have 30days to answer to your request for production +5 days if served by mail? I would definitely serve a M&C letter if they are outside that period. 1 Quote Link to comment Share on other sites More sharing options...
HelpInCali Posted May 12, 2017 Author Report Share Posted May 12, 2017 Well I received H&H's response to my RFP, Set Two when I got home yesterday. The envelope was post marked 05/04/17 so they are within the deadline. They gave some objections but will comply the Demand by producing a copy of the load data document. It's pretty much the same print out that they sent last time: JDB answers to RFP Set2.pdf JDB answers to RFP_Set Two_Data File.pdf If I remember correctly, next will be to sent H&H a Motion To Compel letter. I will start drafting it and have it served today. Quote Link to comment Share on other sites More sharing options...
HelpInCali Posted May 12, 2017 Author Report Share Posted May 12, 2017 17 hours ago, sadinca said: is H&H still within the deadline? "at least 30 days prior to trial"? Yes they're still within the deadline. 30 days prior to trial will be 05/24/17. Seeing how they like to send stuff near the end of the deadline, if they were to send a CCP 98 I should expect it around that time. Quote Link to comment Share on other sites More sharing options...
HelpInCali Posted May 12, 2017 Author Report Share Posted May 12, 2017 17 hours ago, AuthorCat said: Btw, I had waited with drafting the Trial Brief until I got a response (or actually didn't get one for my first case) on my CCP 96 or until the deadline passed. In that first case, they didn't respond making drafting the Trial Brief eezy-breezy. They responded to the second one and it was a little more difficult. Calawyer cautions against long Trial Briefs. Judges are busy and don't have time to read the whole thing. My first Trial Brief was a few pages long. Second one was just 11. Plaintiff didn't file a trail brief in either cases (as Anon Amos said they might not since they rarely do--and he was right). I haven't drafted my Trial Brief yet. I'm just looking over other people's Trial Brief so that I can get an idea of how to draft mine out and get a better understanding of all the legal jargons. But I will wait until I get a response on my CCP 96 before actually drafting out the Trial Brief. Thanks AuthorCat, I will keep in mind to keep the Trial Briefs short and sweet. Quote Link to comment Share on other sites More sharing options...
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