ruQWNP_RIPPED OFF

Help needed ASAP!! sued by JH portfolio Debt Equities, LLC ( Mandarich Law Group, LLC )

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My mom's just got Summons from an unknown person today March 10, 2018. Ans it was filled with SC of California, Los Angeles County. 

So I’ve been sued by JH portfolio Debt Equities, LLC.

 

1.    Who is the named plaintiff in the suit?

JH portfolio Debt Equities, LLC

2. What is the name of the law firm handling the suit?

Mandarich Law Group, LLC 

3. How much are you being sued for?

~$2500

4. Who is the original creditor?

Citibank

5. How do you know you are being sued?

Received a summons today and filled 21 Feb

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

Served in person at my home

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

Yes

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

Mandarich Law Group, LLC send a letter of stating intent to sue.  The last letter from them was June 13. 

Started receiving calls and letters from Mandarich late last year, the last one received early February before I was served

9. What state and county do you live in?

California, Los Angeles, Torrance

10. When is the last time you paid for this account?

July 7, 2016

11. What is the SOL on the debt?

4 Years

12. What is the status of your case? Suit served? Motions filed?

Jist received the summons. I don't know what to do now.


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

No, but with collection agency

14. Did you request debt validation before the suit was filed?

Yes

15. How long do you have to respond to the suit?

30 days (served 2/21)

The Causes of Action are:

1.    Open book account

2.    Common counts  (complaint says “Account Stated”)
 

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

 

1. Summons

2. Cover sheet and factors common to all causes of action

3. Exhibit A---Bill of sale and assignment

4. Exhibit B&C----statements

5. Declaration in support of reduced filing fee

6. Civil case cover sheets-----contract rule3.740 collection (crossed)

7. Civil case cover sheets abd addendum and statement of location

8.  Notice of case assignment-limited civil case

9. Order to show cause of hearing/ trial date ---02/27/2019

10. certificate of mailing.

11. Interpreter requests.

 

Can you please to proceed with answering summons? What should I do now? how to proceed?

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4 hours ago, ruQWNP_RIPPED OFF said:

10. When is the last time you paid for this account?

July 7, 2016

11. What is the SOL on the debt?

2 Years

Not sure where you got an SOL of 2 years but in Cali it is 4:  

California 4 years

Code of Civil Procedure S.337

4 hours ago, ruQWNP_RIPPED OFF said:

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

No evidence included

THIS:  

4 hours ago, ruQWNP_RIPPED OFF said:

3. Exhibit A---Bill of sale and assignment

4. Exhibit B&C----statements

is the evidence.

4 hours ago, ruQWNP_RIPPED OFF said:

What should I do now? how to proceed?

Citibank has a carve out for small claims actions so that may not work.  Assuming you cannot use arbitration as an option you need to answer the suit and defend it.  Search on the forums here there are plenty of threads about cases in Cali and how to defend them to help you get started.

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18 minutes ago, Clydesmom said:

Citibank has a carve out for small claims actions so that may not work.  Assuming you cannot use arbitration as an option you need to answer the suit and defend it.  Search on the forums here there are plenty of threads about cases in Cali and how to defend them to help you get started.

It has been mentioned on the forum previously that a party that is not the original party cannot bring an action based on a consumer debt in a California small claims court.  See here.

Arbitration may or may not be the best defense strategy in this case, but it appears to be an available strategy.

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12 hours ago, Xerxes said:

It has been mentioned on the forum previously that a party that is not the original party cannot bring an action based on a consumer debt in a California small claims court.  See here.

Arbitration may or may not be the best defense strategy in this case, but it appears to be an available strategy.

Which part of these two phrases: "may not:" and "Assuming you cannot " do you not understand?

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1 hour ago, Clydesmom said:

Which part of these two phrases: "may not:" and "Assuming you cannot " do you not understand?

Apologies for my lack of understanding.  I try to learn something new everyday.  Thank you for contributing to today's learning.

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