tommarty920

Summons from Kenosian & Miele, LLC on behalf of UNIFUND CCR, LLC in Los Angeles County

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Greetings everyone! So it looks like I'm being sued.

 

1. Who is the named plaintiff in the suit?

UNIFUND CCR, LLC

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

Law Offices of Kenosian & Miele, LLC

3. How much are you being sued for?

A total of $7,4XX.XX from two different accounts, plus attorney's fees, costs of suit, etc...

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

CITIBANK, NA

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

Received a summons left at my home with another person and sent through the mail.

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

Substituted Service

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?

None

9. What state and county do you live in?

Los Angeles County, California

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

On the first account, per the complaint, the last payment date is on or around 11/07/14. On the second account, per the complaint, the last payment date is on or around 11/10/14.

11. When did you open the account (looking to establish what card agreement may be applicable)?

The first account was opened, per the complaint, on or around 03/26/14. The second account was opened, per the complaint, on or around 03/03/14.

12. What is the SOL on the debt?

4 years in California

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

As of today, 10/16/18:

Proof of Service by Substituted Service filed on 09/25/18 with Proof of Mailing date: 09/21/18. 

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

No

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

No

16. How long do you have to respond to the suit?  We need to know what the "charges" are. Please post what they are claiming. Did you receive an interrogatory (questionnaire) regarding the lawsuit?

30 days from service, which would be on 10/21/18. However due to POS being substitute service, if I'm not mistaken, service would be 10 days from the mailing date I listed above, so 30 days from that would be 10/31/18. I planned on filing/serving my answer within the next few days to stay within that first date. However, if someone could confirm the extra 10 days due to substitute service that would really help me. The complaint lists Breach of Contract and Common Counts for both Account #1 and Account #2. The cause of actions being Breach of Contract, Open Book, and Money Lent for both Account #1 and Account #2. I did not receive an interrogatory regarding the lawsuit.

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

They attached two exhibits. Exhibit A seems to be a statement for Account #1. Exhibit B seems to be a statement for Account #2. The complaint does not appear to be verified.

 

From what I've been reading here my next step is to answer with a general denial and send a demand for a BOP. Is this correct?

EDIT: 

Added cause of actions to question 16 and a few extra questions. 

So I've got a general denial ready to go. Are there any affirmative defenses I should add to the form?

I have a family member willing to serve the attorney through the mail and fill out a proof of service. Do they have to mail anything besides a copy of the general denial? Are the attorneys the only ones that must be served or must I serve UNIFUND(in Ohio) as well? 

Must I personally bring the general denial and proof of service to the court or can I have someone bring it in for me? Only asking because it might be difficult finding time with work being so crazy. 

Lastly if someone can link a sample demand for a BOP I can look over , I'm having a little trouble finding one. Thanks in advance for any help you guys can give me!

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19 hours ago, tommarty920 said:

30 days from service, which would be on 10/21/18. However due to POS being substitute service, if I'm not mistaken, service would be 10 days from the mailing date I listed above, so 30 days from that would be 10/31/18.

this is correct. the time to answer the complaint is 30 days; plus additional 10 days for mailing if served via substituted service. 

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19 hours ago, tommarty920 said:

The complaint lists Breach of Contract and Common Counts for both Account #1 and Account #2. The cause of actions being Breach of Contract, Open Book, and Money Lent for both Account #1 and Account #2. I did not receive an interrogatory regarding the lawsuit.

was the alleged contract attached as exhibit to any of the accounts?

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22 minutes ago, sadinca said:

was the alleged contract attached as exhibit to any of the accounts?

No contract was attached, the exhibits appear to be one statement for each account. Thanks for confirming the extra 10 days!@sadinca

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Never mind. i was under the impression that JDBs are obliged to attached a contract or a Breach of Contract cause of action, however, it seems the legislation lowered the bar for revolving credit accounts. 

 

California Civil Procedure 1788.52 (b) A debt buyer shall not make any written statement to a debtor in an attempt to collect a consumer debt unless the debt buyer has access to a copy of a contract or other document evidencing the debtor s agreement to the debt. If the claim is based on debt for which no signed contract or agreement exists, the debt buyer shall have access to a copy of a document provided to the debtor while the account was active, demonstrating that the debt was incurred by the debtor. For a revolving credit account, the most recent monthly statement recording a purchase transaction, last payment, or balance transfer shall be deemed sufficient to satisfy this requirement.

 

the attached exhibits record a purchase, last payment or balance transfer? 

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40 minutes ago, sadinca said:

Never mind. i was under the impression that JDBs are obliged to attached a contract or a Breach of Contract cause of action, however, it seems the legislation lowered the bar for revolving credit accounts. 

 

California Civil Procedure 1788.52 (b) A debt buyer shall not make any written statement to a debtor in an attempt to collect a consumer debt unless the debt buyer has access to a copy of a contract or other document evidencing the debtor s agreement to the debt. If the claim is based on debt for which no signed contract or agreement exists, the debt buyer shall have access to a copy of a document provided to the debtor while the account was active, demonstrating that the debt was incurred by the debtor. For a revolving credit account, the most recent monthly statement recording a purchase transaction, last payment, or balance transfer shall be deemed sufficient to satisfy this requirement.

 

the attached exhibits record a purchase, last payment or balance transfer? 

Yes both exhibits seem to satisfy those requirements.

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since the complaint is not verified, a general denial will suffice. http://www.courts.ca.gov/documents/pld050.pdf 

the complaint alleges the last  payments were made somewhere around november '14, it wound't hurt to state the Statute of Limitations as an affirmative defense. just dont be late in filing your answer. 

 

Think about serving a Bill of Particulars. you can serve this even before filing your answer. BOP does not get filed in court. 

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2 hours ago, sadinca said:

since the complaint is not verified, a general denial will suffice. http://www.courts.ca.gov/documents/pld050.pdf 

the complaint alleges the last  payments were made somewhere around november '14, it wound't hurt to state the Statute of Limitations as an affirmative defense. just dont be late in filing your answer. 

 

Think about serving a Bill of Particulars. you can serve this even before filing your answer. BOP does not get filed in court. 

Thanks! @sadinca Will get that served and filed ASAP. Must I serve the BOP demand separate or can I serve it with my general denial?

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I would send them separately with their own proof of service. 

I would also send the BOP via CMRRR

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On 10/17/2018 at 6:47 PM, sadinca said:

The answer can be sent via regular mail

Thanks for all your help @sadinca !!

So I filed my general denial last week and the trial date was set for late next year. Want to get a BOP served ASAP. Do you have a link to a sample BOP I can take a look at?

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Hi there,  tommarty--  funny thing, I'm in L.A. with my own Unifund CCR LLC / Citibank hell going on, trial got set for late next summer as well and now was searching around the site for that Cali BOP too.  Found it!   Just wanted to say--  you're not alone :-)   Though I'm not sure I'd want to go anywhere near that Chatsworth Courthouse right now--  Topanga Cyn Rd?  Mulholland?  How about NO :-(

And thank you @sadinca  Your relentless arse-out-bailing across SoCal continues!  So much appreciated!!!

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