lolazu Posted June 19, 2019 Report Share Posted June 19, 2019 HI everyone, I am totally new to this and desperately need advice. My biggest issue is that we missed our 30 day response time accidentally by 10 days so far (I assume its 30 days from reciept). I have no idea how to go about this. The information is as follows.... As the title states, I'm being sued. I'll do a copy paste and fill in the blanks. 1. Who is the named plaintiff in the suit? Absolute Resolutions Investments 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Mandarich Law Group 3. How much are you being sued for? $4,878.03 4. Who is the original creditor? US Bank 5. How do you know you are being sued? Packet was dropped off 6. How were you served? (Mail, In person, Notice on door) In Person 7. Was the service legal as required by your state? As far as I'm aware. 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? California 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) 01/24/2018 11. When did you open the account (looking to establish what card agreement may be applicable)? 09/15/2017 12. What is the SOL on the debt? To find out: 4 years. 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). Not sure what info is needed here.....these are the last two entries in the court system 10/02/2020 8:30 AM DEPT. MV1 HEARING RE: ORDER TO SHOW CAUSE WHY SANCTIONS SHOULD NOT BE ISSUED AGAINST PLAINTIFF FOR FAILURE TO FILE DEFAULT JUDGMENT PURSUANT TO CRC 3.74 (MORENO VALLEY) Minutes N 05/15/2019 PROOF OF SERVICE ON THE COMPLAINT (COLLECTION - MORENO VALLEY) FILED 04/30/2019 OF ABSOLUTE RESOLUTIONS INVESTMENTS, LLC SERVED ON CHRISTOPHER L ZUNIGA WITH SERVICE DATE OF 05/09/19 FILED.(PERSONAL SERVICE) Not Applicable 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? (This should be in your paperwork). 30 Days. packet was dropped of in person, no signature required on May 9. 17. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. copy of bill from 9/17 with new balance owed of $4059.94 and copy of final bill from 5/16/18 18. How did you find out about this site? internet search Whats very interesting to me is that the court date is set out so far and the amount isnt that big compared to most that Ive seen. The court papers are enough to be scary though. Any advice would be greatly appreciated. Thank you for reading Quote Link to comment Share on other sites More sharing options...
BackFromTheDebt Posted June 19, 2019 Report Share Posted June 19, 2019 Did the papers give a deadline for an answer? Are you sure you have passed the deadline? Quote Link to comment Share on other sites More sharing options...
lolazu Posted July 25, 2019 Author Report Share Posted July 25, 2019 I ran and filed a response June 19. Today I received paperwork in the mail a request for admission, request for production of documents and special interrogatories. This wasnt filed in court. seems like they want me to provide their proof. Totally lost on what to do next. Any guidance is appreciated. Quote Link to comment Share on other sites More sharing options...
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