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UNLIMITED CASE in California help! - Sued by Absolute Resolutions -- Mandarich Law Group.

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Good morning everyone!  I would really appreciate help on this UNLIMITED CASE in California!
THANK YOU so much, beforehand!!  Here is the info on my case:


1. Who is the named plaintiff in the suit?


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

420 N. Wabash Ave, Suite 400
Chicago, IL 60611

3. How much are you being sued for?

25k and change

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

60 Livingston Ave
St. Paul, MN 55107

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


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

In person at home

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


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

None that I am aware of.

9. What state and county do you live in?

CALIFORNIA, County of Los Angeles

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

Not 100% sure – they presented a CC statement with the complaint dated September 2017.

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

Unsure.  But it is not a super old account. It is relatively recent (last 5 years perhaps).

12. What is the SOL on the debt? To find out:

California. Written: 4 years, Oral: 2 years, Open Ended Accounts: 4 years.

Statute of Limitations on Debts

13. 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).

- Filed the answer with the court (personally, and on time, on day 30) this week.
- Served plaintiff’s lawyers by mail the same day – CMRR
- Case Management Conference has been set for the end of April, 2019.

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


15. Did you request debt validation before the suit was filed? Note: if you haven't sent a debt validation request before being sued, it likely won't help create FDCPA violations, but disputing after being sued could be useful to show the court that you dispute the debt ('account stated' vs. 'breach of contract').

No. I had no warning I was going to be sued.

16. 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?

Filed the answer personally, and on time, this week.

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

Only two things: 
- Exhibit A: A copy of a Credit Card statement from Sept 2017. Guessing they're alleging that it's the "last payment"?

- Exhibit B: A copy of a Credit Card statement from April 2018. Guessing they're alleging ths is the charge off?

THE ACCOUNT NUMBER PROVIDED IS ALL BLACKED OUT except for the "last four" numbers of the account.  In the complaint itself the account is listed as "XXXXXXXX and last 4 numbers."

18. What are the causes of action listed in the complaint?

First Cause (Account Stated) - Within past 4 years, an account was stated in writing in which it was agreed that defendant was indebted in the amount previously referenced herein. Although demand has been made upon defendant, said amount has not been paid, and is now due, owing and unpaid from defendant to plaintiff, as successor in interest.

Second Cause (Open Book Account) - within past 4 years, defendant and each of them became indebted in the amount of the previously mentioned herein for a balance due on a book account for goods sold and delivered and/or services rendered by U.S. Bank National Association. Although demand has been made upon defendant, said amount has not been paid, and is now due, owing and unpaid including attorney's fees from defendant to plaintiff as successor in interest.

19.  How did you find out about this site?

Guess I am not necessarily a “newbie.” I won two lawsuits against JDBs about 10 years ago (one went in front of a judge, who ruled in my favor; the other one was dismissed by the rent-a-lawyer right before going in front of the judge).

But, it has been a while, I’m sure things have changed a bit in the last 10-years, and this time around I am dealing with an UNLIMITED CASE.

I had completely forgotten about this site until the night before I was to file my Answer this week – when I was double checking everything before filing it the next day. I remember how helpful everyone here was back then (I helped also).

Since I am in new territory with this being my first UNLIMITED CASE, I want to make sure I have all my ducks in a row.

I am SUPER RUSTY and it’s been a while, but I am 2-0, and definitely plan to make my record 3-0.

A HUGE THANK YOU beforehand to everyone who is able to help me win this one!

(this is a new account I created, since I can’t remember what my old one was)

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My current question is about submitting the Demand for the Bill of Particulars, (and its proper format) which is my next step.

@sadinca sent me the standard Demand for BoP that I have seen kicking around lately (thank you!!!!)  -- the one in Pleading Paper, not the one that looks like a California Courts form (I'll attach it).

Then I ran into this article from The Marin County Bar Association newsletter "The Marin Lawyer" from Jan 2015, written by Hal Chase Jr., a Bay Area attorney.

"Tools of the Trade: The Bill of Particulars"


At the end of the article he presents a simple sample of how a Demand for a BoP may look like.

He writes:


Sample Demand for Bill of Particulars

No specific rules set forth the requirements that should be made in a formal demand for Bill of Particulars. Many examples are available on the web. The following appears to cover most of the matters for which a creditor’s response is required under CCP §454:

To: Plaintiffs and Their Attorney of Record:

Defendant herein demands that you provide defendant with a Bill of Particulars that sets forth all items and details of the account upon which you have sued, whether for money had and received, goods sold and delivered, money lent or paid, or quantum meruit. This request is made pursuant to CCP § 454 and requires you to provide, within ten days from this request, all of the particulars of the account in question, including the date of each transaction, a description of the services, materials or goods supplied or other considerations rendered, the price or charge made for each item, all payments or credits that have been made to the account, and any agreement assigning the account at issue to the plaintiff. You are further required to provide any agreement between defendant and the creditor that has created any account concerning which your lawsuit is based.

/s/ Debtor’s Attorney


I see that he adds this bit at the end that is not in the Demand for Bill of Particulars that you guys have been using here at CIC (the underlining above was done by me):

"... and any agreement assigning the account at issue to the plaintiff. You are further required to provide any agreement between defendant and the creditor that has created any account concerning which your lawsuit is based."


1. Is that really necessary to add now? 

2. Are these -- the Bill of Particulars, the proof of assignment, and the original contract -- three "different" things?  Or do all three fall under what is to be requested under a Demand for Bill of Particulars.

3. Or will be asking for the proof of assignment and the original contract later in discovery? 

Like I said, guys, I AM REALLY RUSTY.  Truly been a while since I've done this.  And 10-years-ago I didn't even send a Demand for Bill of Particulars, I just engaged in discovery with the lawyers.

I like this Bill of Particulars strategy and want to make sure I'm using it right -- especially since this is an UNLIMITED CASE.

Thanks a million to everyone who can chime in and help out!!

P.S. I did many searches on the forums for the Demand of Bill of Particulars and admittedly, found a jumble of bits and pieces here and there that didn't necessarily answer THIS particular question I am posing on this post.  Hope this can help not only me, but many who are there now and who will come after!

Bill of Particulars request.doc

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Hi everyone!  Trying to get a bump on my question.  Hope someone can chime in, since I just got a tracking notification that my answer arrived at the lawyer's office, and I want to send this Demand for Bill of Particulars out today. 

I know my post was kinda long.  I'll simplify the question:

Is it necessary, appropriate, good, not-good ... to add this line to my Demand of Bill of Particulars:

"... and any agreement assigning the account at issue to the plaintiff. You are further required to provide any agreement between defendant and the creditor that has created any account concerning which your lawsuit is based."

Thanks, everyone!  Truly appreciate it!

(if you want more detail, you can read my post above)

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Thanks @Harry Seaward !

I'm definitely keeping an eye on CCP 98 -- although my case is Unlimited -- so unlike limited cases, plaintiff cannot rely on ccp 98 to try to introduce the evidence without a personal witness.

Yep, they are alleging the debt is owned by Absolute now, and identifying themselves as a "debt buyer" per the California Debt Buying Practices Act (FDBPA) of 2014.

Here are the first 3 allegations in their original complaint (all standard scripted requirements that the Plaintiff must allege under the FDBPA):

1. Plaintiff is and at all times herein mentioned, ABSOLUTE RESOLUTIONS INVESTMENTS, LLC, and successor in interest to original creditor, U.S. Bank National Association.

2. Plaintiff is the only entity that purchased the debt after charge-off and its name and address is as follows: ABSOLUTE RESOLUTIONS INVESTMENTS, LLC 8000 Norman Center Dr. Suite 860 Bloomington MN 55437.

3. Plaintiff is is a debt buyer and is the sole owner of the debt at issue.


Any thoughts on if I should add this line in my Demand for Bill of Particulars or not?:

"... and any agreement assigning the account at issue to the plaintiff. You are further required to provide any agreement between defendant and the creditor that has created any account concerning which your lawsuit is based."



Appreciate your reply, @Harry Seaward !

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I've seen a few people recently win cases against JDB where the amount is bigger than mine. 

I thought that arbitration had to do with making the JDB say, "well arbitration is going to cost me $5k ... the debt is $3k ... not worth it."

Since my amount is $25k, not sure the strategy will work for me.

Remember, in my case (Unlimited) they actually have to produce witnesses.  They can't rely on a piece of paper.


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  • 1 month later...
On 3/5/2019 at 7:24 PM, Clydesmom said:

For $25k they will produce a witness.  

Not always. 

I've read in the forums of Unlimited cases where they have not provided them.  If anyone knows of any California Unlimited threads you think I should look at, it would be most welcome!

Thank you in advance!

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  • 2 weeks later...
  • 3 months later...

HELP  with attorney BS "gamesmanship" (out of state PO Box) ...

Hello my California peeps -- @calawyer, @BV80, @RyanEX, et all.  I need some HELP now that I am 45 days until trial.  Hope you all are around to give me the moral and technical support to WIN THIS!!!

(A BIG THANK YOU to @sadinca and @BV80 for all the incredible help so far!!!)

Quick questionThe Law Firm and the attorney assigned to the case work out of an office in nearby Chatsworth, CA ... but they want their mail correspondence sent to an out of state PO Box (Chicago, IL) ... Can I just send stuff DIRECTLY to the attorney assigned to the case in Chatsworth, CA instead??

-- What are the repercussions if I do that?

Every piece of correspondence coming from them is sent to me FROM THE CHATSWORTH, CA OFFICE.  Nothing has ever come to me from Chicago.

I'm thinking this is some BS attorney gamesmanship in order to have more time on their deadlines (you add 10-days instead of 5-days if the address is out of state).

A while ago they filed with the court a "Notice of Change of Address of Plaintiff's Attorney," listing the PO Box in Chicago with the statement "From this date forward, all notices and documents regarding the action should be sent to the above address."  (italics and underlining of the word "should" added by me)

Now ... I've been good and I've been sending all the correspondence all the way to Chicago ... but now that we are 45-days until trial, honestly, I don't want to do that.  I just want to send it DIRECTLY to the attorney assigned to the case that works out of the Chatsworth, CA office.

-- Again, what are the repercussions if I do that?

-- Should I start faxing correspondence to them instead of snail mailing?  (service through FAX)


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The CA members will have to answer your question, but I’ll offer an opinion.

I don’t see that it would be a problem as long as you file a a certificate of service, or whatever your rules require.   That being said, I don’t like sending anything important to a P.O. Box if there’s any way to avoid it.

If you want to bug them, perhaps you could send copies to both addresses and include both addresses in your certificate of service filed with the court.

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On 8/9/2019 at 3:21 PM, BV80 said:


The CA members will have to answer your question, but I’ll offer an opinion.

I don’t see that it would be a problem as long as you file a a certificate of service, or whatever your rules require.   That being said, I don’t like sending anything important to a P.O. Box if there’s any way to avoid it.

If you want to bug them, perhaps you could send copies to both addresses and include both addresses in your certificate of service filed with the court.

Thanks @BV80!!  Took your advice and sent it both to Chatsworth and to Chicago.  I already got the green return receipt card from Chatsworth.

I mean, if the lawyer works in that office ... why can't I send papers to the office in which she works?  Right?  ?‍♂️

Hope more California folks chime in.  Anyone else been in this predicament?  I can't be the only one.

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  • 11 months later...

Hi. I see this is from last year but I was sued by Mandarich for LVNV and it was filed address drom Chicago so I sent answer to Chicago and then they sent ME discovery from Chatsworth so I answered and requesred discovery thru Chatsworth..Now here is the weird part...

My answer etc was never posted on the court site and I called a couple tikes to check but it never posted...so I went to the OSC on a monday and the judge said oh you filed an answer? i dont see it..i told her i had the stamped copy right here...she said take it up with the clerks office...this doesnt concern you..you might as well be talking to the wall....DEEPLY OFFENSIVE...it absolutely concerns me...i DID my part...

Cut to friday same week...i had called the clerks...they found i did file it and they scheduled cmc and then fri i got a letter from Mandarich....so i thought it was case statement...nope...it was a copy of the request for default judgement...they filled it out fri before the osc....and did not attach ANYTHING to it though they said they were attaching affidavits..which the discovery things they sent me have barely any name on them no headers no notary no addresses so those are NOT affidavits...but anyways...the default form was from.....the CHICAGO office...so I agree they love this flimflam trickery subterfuge...so yes they did that to me too....i posted about this but have not heard any answers to my post yet.. 


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  • 6 months later...
On 1/27/2021 at 1:45 PM, ticklemore said:

Hi @LoveIsPower, I know your post is a bit old but do you mind sharing the outcome of your trial?  I am currently dealing with an unlimited case in California so I'd love to hear about your experience.  Thanks!

Hi @ticklemore — I've been meaning to post in depth about my Unlimited case but, to be honest, I've been procrastinating a bit.

To answer your question — I won.

I got them to dismiss the case with prejudice 3-weeks before trial.

Honestly, everything went as clockwork. I don't want to sugarcoat it — it was time, energy, nerves, some stress, etc. — but nothing was surprising from them at all. And they ran the lawsuit like it was a regular ol' "limited" suit. The business model for these guys (the Junk Debt Buyers and their attorneys) is mostly a "lawsuit-by-numbers" thing. Most people don't fight (and by most, I mean in the 90th percentile), so they get a lot of default judgments. A lot of low hanging fruit. California is a very consumer-friendly state, so fighting all the way to trial here is rarely worth it for them when they encounter someone who has all their ducks in a row and knows what they're doing. We are lucky in that regard.

Obviously I went the "regular trial" route on this one, as opposed to arbitration (actually, I'm in the beginning stages of an arbitration case now — my very first one). With an Unlimited case there are a few more things to pay attention to, since we don't have the option to use some of the tools that the Limited cases have (like using CCP 96 with the easy to fill out form DISC-015 in order to get their list of evidence and witnesses 45 days before trial ... This means you have to get this information from them through "regular discovery" instead — sorry, I don't mean to overwhelm you, it's just an example).

Anyway, hope I can be of some help. If you decide to go the "regular trial route" be ready to put in some work. But know that you can win.

*** Here is where I insert my caveat and say that I AM NOT A LAWYER and that NO ONE CAN GUARANTEE YOU A WIN/DISMISSAL ... NOT EVEN A LAWYER. But, if you can afford a lawyer, you should probably hire one. In this forum we're all volunteers and most of us are not lawyers. We're here lending a helping hand because someone in this forum helped us in the past and we're paying it forward. ***

If you're interested in arbitration, check out @fisthardcheese's brilliant thread (link below). As a matter of fact, you should read this thread no matter what — you may realize that arbitration is best for your case.


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Thank you so much, @LoveIsPower!  I really appreciate your response.  Yes, I've gone through the regular trial route.  So far I've survived JBD's Motion for Summary Judgment but was ruled against my Motion to Compel BOP recently.  My case is pretty significant in terms of the amount, $42K, so I am a bit worried that JBD will try everything in their powers to present witnesses from the original credit card issuer and an assignee (Plaintiff is the 3rd owner).  I guess I will find out their witness list towards near the trial date which is in May 2021.


Thanks again for your response!

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Good luck! That is an eye watering amount....I got the dismissal from my above mentioned case in October....So that was them dismissing without prejudice but still good with that...have a Target upcoming...still have not done discovery or vice versa yet...that is supposed to be in sept i think...but plan to write to them soon with all the pertinent info and then they will hopefully dismiss...I had about 20 differemt accounts everywhere and today was going thru and updating files and was very happy to count about 8 are the only ones that have not been closed or cancelled...so right now the other suit is hopefully the last i ever have to deal with....weirdly, one letter i got this week said "the law limits time to sue...etc so we will not be suing but feel free to send money anyways"...was not sure what that was but found old card and the card expires this year so not sure why they would say that since it is probably still in SOL....but good luck...willl be praying for you...

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