HelpInCali

Getting sued by LVNV Funding LLC in California

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In all my excitement, I forgot to thank everyone who has helped me in my battle with the JDB. 

AuthorCat, Calawyer, Anon Amos, Sadinca,  Seadragon, and all the threads I've read and researched (ASTMedic, Homelessincalifornia, RyanEx, Qbert, Rookie, HumgBird, easy619, smitty009, SoCalGirl)

THANK YOU ALL!!!

:wave:

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i believe Calawyer has recommended in other threats that you still show to court the day of trial. 

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1 hour ago, HelpInCali said:

In all my excitement, I forgot to thank everyone who has helped me in my battle with the JDB. 

AuthorCat, Calawyer, Anon Amos, Sadinca,  Seadragon, and all the threads I've read and researched (ASTMedic, Homelessincalifornia, RyanEx, Qbert, Rookie, HumgBird, easy619, smitty009, SoCalGirl)

THANK YOU ALL!!!

:wave:

Congratulations!!

Now watch if the Clerk doesn't reject the Request for Dismissal (due to incorrect filing) but I believe it should be good since you stated that they had filed it last Friday and it's still there. But above all else, you need to be 100% certain that a Request for Dismissal is, indeed, accepted and filed.

I would still go to the Court this Friday (for your Trial Call) just to be 100% certain it's really over. Then, if the Dismissal is valid, go to the Clerk and pay the couple of dollars to get a copy of it. It's what I did when they filed an early Request for Dismissal so I had it in hand.

Next step: if you paid for the filing, you'd want to get your costs back!

Once again --- CONGRATULATIONS!

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1 hour ago, AuthorCat said:

Congratulations!!

Now watch if the Clerk doesn't reject the Request for Dismissal (due to incorrect filing) but I believe it should be good since you stated that they had filed it last Friday and it's still there. But above all else, you need to be 100% certain that a Request for Dismissal is, indeed, accepted and filed.

I would still go to the Court this Friday (for your Trial Call) just to be 100% certain it's really over. Then, if the Dismissal is valid, go to the Clerk and pay the couple of dollars to get a copy of it. It's what I did when they filed an early Request for Dismissal so I had it in hand.

Next step: if you paid for the filing, you'd want to get your costs back!

Once again --- CONGRATULATIONS!

I believe the clerk accepted the dismissal request. My Case Status is showing Dismissed, the Civil Jury Trial that was scheduled for this Friday is vacated, and my case is no longer showing on the court calendar. 

On the Advance Trial Review, it does state each counsel is ordered to telephone Department prior to 12:00 noon on the day before the initial trial call date to report: 1) their readiness for trial, 2) the estimated trial length and 3) whether a jury will be required.

I will call the clerk on Thursday to confirm about the dismissal. Then I will go after my filing costs, after I do some research on that. :lol:

Thank you AuthorCat, you have been very helpful to me throughout this case. I'll do my best to pay it forward to others in need. :)

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Big huge congrats to you.  Remember back when the rent-a-lawyer offered to settle and told you that the only way to get a "dismissal" is to go to trial?  That WAS kind of correct.  They only way to get a dismissal is to show them that you know the law and are READY to go to trial.

 

You beat someone who went through at least 3 painful years of law school at their own game.  Congrats!

 

Now fill out the form and get your costs!

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UPDATE:

I called the clerk at the Department that my case was held. At first she was unaware of the Plaintiff filing a Request for Dismissal, she was trying to research on why it was dismissed. Then she confirmed that the Plaintiff has indeed filed for Dismissal, the Trial Call scheduled for tomorrow is vacated, and that I don't need to come to court tomorrow. So I'm guessing it's official? I printed out a copy of the Request for Dismissal ($7.50 for a copy) from the Register of Actions on my local court website.

Rule 3.1700. Prejudgment costs

(a) Claiming costs

(1)1pixel.gifTrial costs

A prevailing party who claims costs must serve and file a memorandum of costs within 15 days after the date of service of the notice of entry of judgment or dismissal by the clerk under Code of Civil Procedure section 664.5 or the date of service of written notice of entry of judgment or dismissal, or within 180 days after entry of judgment, whichever is first. The memorandum of costs must be verified by a statement of the party, attorney, or agent that to the best of his or her knowledge the items of cost are correct and were necessarily incurred in the case.

 

I have not received a Notice of entry of dismissal by the clerk yet, so I guess I will have to wait until I get the Notice in the mail before filing the MC-010.

QUESTION: When H&H filed the Request for Dismissal, shouldn't they have sent me a copy as well?

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2 hours ago, HelpInCali said:

Thank you Calawyer! I will fill it out today and file it soon. In my research on the forum, I have read something about filing a Judgment of Dismissal. Would I need to file that along with the MC-010?

No, the Judgment of Dismissal doesn't come till much later. First you file your MC-010 (with PoS-30) and serve a copy on Plaintiff (addressed to their attorneys).

I've just finished receiving my costs back from LVNV - and this while the suit had been dismissed back in July 2016. You can read about filing a Judgment of Dismissal here:

But you're not there yet. First, file your MC-010 with PoS (and serve a copy on Plaintiff). I didn't CMRRR it and they ignored me, so I suggest, since you're dealing with LVNV, to CMRRR it.

Wait 15 days (15 + 5 if serving my mail) to give them time to file a Motion to Tax (they didn't in either of our cases). If they don't respond with a check, then you can write them a letter reminding them that you've filed an MC-010 and send them a copy of it and give them another 10 days. If they still ignore you, then you can draft a Judgment of Dismissal.

Persistence is key here. Midland Funding paid our costs back fairly quickly so no Judgment of Dismissal was necessary. But it took nearly a year for LVNV to pay my cost of suit back (they cited that they never received either the MC-010 nor the follow up letter I sent them....uh-huh). The moment I successfully filed a Judgment of Dismissal (served them a copy with PoS) they ponied up.

But like I said, you're not there yet.

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17 hours ago, AuthorCat said:

No, the Judgment of Dismissal doesn't come till much later. First you file your MC-010 (with PoS-30) and serve a copy on Plaintiff (addressed to their attorneys).

I've just finished receiving my costs back from LVNV - and this while the suit had been dismissed back in July 2016. You can read about filing a Judgment of Dismissal here:

But you're not there yet. First, file your MC-010 with PoS (and serve a copy on Plaintiff). I didn't CMRRR it and they ignored me, so I suggest, since you're dealing with LVNV, to CMRRR it.

Wait 15 days (15 + 5 if serving my mail) to give them time to file a Motion to Tax (they didn't in either of our cases). If they don't respond with a check, then you can write them a letter reminding them that you've filed an MC-010 and send them a copy of it and give them another 10 days. If they still ignore you, then you can draft a Judgment of Dismissal.

Persistence is key here. Midland Funding paid our costs back fairly quickly so no Judgment of Dismissal was necessary. But it took nearly a year for LVNV to pay my cost of suit back (they cited that they never received either the MC-010 nor the follow up letter I sent them....uh-huh). The moment I successfully filed a Judgment of Dismissal (served them a copy with PoS) they ponied up.

But like I said, you're not there yet.

Thanks AuthorCat. I do plan on sending the MC-010 with CMRRR. What I  learned from this experience is that if you are serving documents to the other party, make sure it's CMRRR. 

I have read that when a Plaintiff files a Request for Dismissal (CIV-110), the Plaintiff must serve the Defendant a filed copy of the Request for Dismissal along with a copy of a Notice of Entry of Dismissal and Proof of Service (CIV-120). Then file the Notice of Entry of Dismissal and Proof of Service at court.

 

Rule 3.1390. Service and filing of notice of entry of dismissal

A party that requests dismissal of an action must serve on all parties and file notice of entry of the dismissal.

Rule 3.1390 amended and renumbered effective January 1, 2007; adopted as rule 383 effective January 1, 1984.

AND

Rule 3.1700. Prejudgment costs

(a) Claiming costs

(1)1pixel.gifTrial costs

A prevailing party who claims costs must serve and file a memorandum of costs within 15 days after the date of service of the notice of entry of judgment or dismissal by the clerk under Code of Civil Procedure section 664.5 or the date of service of written notice of entry of judgment or dismissal, or within 180 days after entry of judgment, whichever is first. The memorandum of costs must be verified by a statement of the party, attorney, or agent that to the best of his or her knowledge the items of cost are correct and were necessarily incurred in the case.

 

So if I am comprehending both Rules correctly, I will have to wait until the clerk files the Notice of Entry of Dismissal and Proof of Service before I can send H&H the MC-010.

I'm wondering if maybe H&H would "mistakenly forget" to serve and file the Notice of Entry of Dismissal and Proof of Service just to avoid the MC-010. That could be why it took a few members longer than expected for H&H to pay up. If that is H&H's plan, how should I attack it?

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4 hours ago, HelpInCali said:

Thanks AuthorCat.

You're welcome! :)++

4 hours ago, HelpInCali said:

I do plan on sending the MC-010 with CMRRR. What I  learned from this experience is that if you are serving documents to the other party, make sure it's CMRRR.

Under normal circumstances, the PoS should  be enough (hence the doc's title: Proof of Service) to save you the $6 dollars of CMRRRing it since you file the MC-010 + its PoS with the Court and there's a record of it. But you're dealing with LVNV and they like to 'play dumb'.

4 hours ago, HelpInCali said:

So if I am comprehending both Rules correctly, I will have to wait until the clerk files the Notice of Entry of Dismissal and Proof of Service before I can send H&H the MC-010.

I waited a couple of days after the original (but vacated) Trial date before I filed and served my MC-010 (with PoS-30) just to be sure. Your original trial date is Monday? At any rate, I'd wait a few days afterward before I file and serve the MC-010.

Once again - CONGRATULATIONS!!!

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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 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). 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?

Hello  @HelpInCali I am going exactly with this situation,  I was served on 2-22-19, still have some time to get ready. The law firm that is representing LVNV is Mandarich Law Group in Chicago. Until today i had not heard anything from no one. This morning i had a message on my phone to contact to talk about important information. My understanding by reading for a few days now this blog is the following. 1) File a General Denial 2)A few days before my GD, I have to send the plaintiff a BOD through certified mail. I believe this are my fist steps, but I also have read that i have to responde to all the complaints when I file my GD. That I will loose my rights for arbitration if I don’t do so. Please help me out. I am not sure what I should do. Thank you ahead of time for any help sent 

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