GlockPerfection

Being sued by UNIFUND in Calif. for Citi card

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you are not required to serve your documents via CMRRR, but it is strongly recommended. a handful of members reported lawyers argued during a hearing or trial that defendant failed to mail relevant documents. luckily for one of the defendant the person serving the documents was present during the hearing, so he/she was able to testify that he/she did mail the documents as stated on POS. 

a lawyer tried to pull that trick on another member but he was able to produce the CMRRR, at the time of the hearing. is just a CYA

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Oh indeed, I'm not surprised if every dirty trick in of the book gets attempted by JDBs.  The IRS/CFTB taught me very well to even sign original documents in blue ink vs. black--  don't tell me it's not an original signature!  Idiots (especially in the days of GASP colored printers.  Such a moot point, but oh boy did they try it.)

 

All rightey, I reckon I'll do the fresh GD and BOP to Portfolio in one fell swoop, save $7, and then file the GD in Chatsworth next month.  I'll start that case's thread separately from this one as well--  Portfolio's Cause of Action, if I'm now understanding more correctly from what I'm learning in these forums, might be amusingly deficient for others to see.
 

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4 hours ago, sadinca said:

you are not required to serve your documents via CMRRR, but it is strongly recommended... just a CYA

BLAM!!!  4 hours later right now, the attached BS arrived in my snail-mail box:  UNIFUND/Resurgence letter playing dumb, saying I never sent them my GD.

 

I'll refrain from my usual cussing and pounding tiny fists of fury and simply move on like a rational adult:

 

The very first mistake I clearly made was having my POS-sending pal do USPO Overnight Delivery with my GD last month  --not CMRRR, or even Overnight w/signature confirmation--  because I was under sever time constraint and thought Overnight would cover all that anyways for the $25 price, like FedEx would...  but it does not.  Lesson learned, I was in my initial Freak-Out back then.  No big deal, so now, I'll just include a copy of my already-filed GD alongside the outgoing BOP to UNIFUND/Resurgence next week.   Rant over, I move on, just wanted to affirm the highly-advised CMRRR over all other delivery methods, four hours later.  Sheesh.

 

 

UNIFUND - we didnt get your GD.pdf

me - OH YES YOU DID.pdf

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ha, we were just talking about it!

serve a letter to UNIFUND in a business letter format stating in response to plaintiff's letter dated ______ you are attaching a copy the original  GD, copy of original POS,  served on ______, and proof of delivery (staple the items together so they dont get confused). and serve the letter along with a new POS describing the items inside the envelope. 

 

just an FYI, the only deadline attached to the GD is the filing portion, you could've serve your GD to plaintiff via regular snail mail even if they get them some days later. 

  

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Aha, will do!  Thank you so much for outlining all that!  And very good to know about that GD deadline in general, though I'll still go the CMRRR route since they'll be getting a friendly BOP with all the above.  And I think CMRRR just will, unfortunately costs aside, be necessary on all correspondence anyways, otherwise JDBs would just waste my time & money between Staples & post office AGAIN by saying they never got something.  I simply do not understand how somebody can make a career out of lying, but hey, this ain't the time/place to philosophize.  Onward and upward!!!

 

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6 hours ago, GlockPerfection said:

Aha, will do!  Thank you so much for outlining all that!  And very good to know about that GD deadline in general, though I'll still go the CMRRR route since they'll be getting a friendly BOP with all the above.  And I think CMRRR just will, unfortunately costs aside, be necessary on all correspondence anyways, otherwise JDBs would just waste my time & money between Staples & post office AGAIN by saying they never got something.  I simply do not understand how somebody can make a career out of lying, but hey, this ain't the time/place to philosophize.  Onward and upward!!!

 

CMRRR for sure, but no need send them overnight. It's shouldn't cost you $20+ every time you serve documents, $6-$8 should be about right and will save you some bucks.

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Yes, Dear Sad, indeed.  What I did back there was during Initial Freak-Out, followed closely by Deer-In-Headlights; however, this in neither time/place to start pity-partying or swan-dives off my wagon.  Time to read, discern, learn, and pass it on.

 

I did the USPO Overnights because my POS-mailing friend is 3k miles on a different Coast, and I had wasted too much time in Sept/Oct feeling sorry for myself rather than actually reading/learning here, and I had one day left to file GD with the Court.   Learning as I go along--  all my fury aside, it's morbidly fascinating.  I love learning something new, again.

 

Just like @HomelessInCalifornia, every single penny counts.  Every drive to Staples for prints (prints are cheaper than replacing ink cartridges in my Canon, sheesh) or trip to the post office is saved money I no longer have.  If every penny didn't count, I (and nobody else,  I reckon) wouldn't be here in the first place.  "Thank you"to you over and over simply does not cover it here--  so, I'll just state that I remain indescribably grateful for your input and expertise.  

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