Inthedred

Here we go again, sued by JDB in California

Recommended Posts

1. Who is the named plaintiff in the suit? Credit Corp Solutions

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

3. How much are you being sued for? more than 1600 less than 1700

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

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

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

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

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? I'm sure they sent letters in the mail

9. What state and county do you live in? San Diego 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)

11. When did you open the account (looking to establish what card agreement may be applicable)? 5/23/16

12. What is the SOL on the debt? To find out: 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 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). Suit Served, Sent BOP and prepping general denial and fee waiver

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? 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

16. How long do you have to respond to the suit? 30 days. We need to know what the "charges" are. Please post what they are claiming. Account Stated and Open Book Account. Did you receive an interrogatory (questionnaire) regarding the lawsuit? No

Here is an example of what the summons/complaint may look like: Sued by a Debt Collector - Learn How to Fight Debt Lawsuits

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

18.  How did you find out about this site? Ive been a Member

18. Read these two links: I have

Using Arbitration To Defend A Debt Collection Lawsuit

Sued by a Debt Collector - Learn How to Fight Debt Lawsuits

====================================================

Well I had another suit dropped on me by the bottom feeders. I sent out a demand for BOP and received back: Looking for some help on a meet and confer letter.

1. Objection. the complaint is based an account stated and defendants breach thereon in the principal amount of $16xx.xx. Defendant (me) BOP is inappropriate for the plaintiff (them) account stated cause of action because an account stated cause of action is deemed to itemize. Section 454 is not applicable to a contract or promissory note which has an account for its consideration. See Ahlbin v. Crescent commercial corp (site) ; Auzerais v. Naglee, 74 Cal 60. {15 P. 371}

Notwithstanding Plaintiffs objection, and upon duplication, as Plaintiff will produce under a request for production of documents, and in the spirit of Discovery, Plaintiff produces the following: true and correct copies of the documents plaintiff is currently able to furnish are attached as Exhibit 1 and incorporated herein by reference. Plaintiff reserves the right to produce more documents as they become available or produce them at trial. The documents demonstrate a course of conduct wherein Defendant (me) failed to make payments on a credit card account issued by the plaintiff. 

I was sent:

Affidavit of sale

blanket certificate of conformity for notary

a bill of sale

a card agreement

a pricing information addendum for the card agreement

a variable terms addendum for the card agreement

12 statements from 1/16 - 12/16

and a proof a service.

 

 

Share this post


Link to post
Share on other sites

While it seems California is one of the few states these days where debt defendants have success using the courts, this case is also a very good candidate for arbitration, as the OC is Synchrony.

Best info on arbitration:

 

Share this post


Link to post
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.

Guest
Reply to this topic...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.