YOLO YOLO Posted June 20, 2019 Report Share Posted June 20, 2019 Hi, I was sued by Unified on 3 credit cards. ($25,000) All 3 credit cards have a default date of 12/2014. No more payments were made to the Citibank until: a parcial payment of $120 (Minimum payment was $1200) was made on 04/2015. UNIFIED CCR law suit was filed on 03/2019. DID MY 2015 PARTIAL PAYMENT EXTEND THE SOL PERIOD FROM 04/2015 TO 04/2019? Can I ask to dismiss the case for been out of SOL since CC contracts in California are 4 years. Can I use this?: R.N.C., Inc. v. Tsegeletos (1991) 231 Cal.App.3d 967 [283 Cal.Rptr. 48] ...a book account like any open account becomes closed once the account creditor ceases to extend credit and there will be no further activity on the account other than the payments by a creditor towards the settled debt. According to the CALIFORNIA CODE OF CIVIL PROCEDURE SECTION 360, only a written agreement re-ages the SOL. Can I file something with the court ASAP to have it dismissed or I need to wait until is time to go to court in 2020? Thank you Quote Link to comment Share on other sites More sharing options...
RyanEX Posted June 25, 2019 Report Share Posted June 25, 2019 SOL in CA on written contracts is 4 years. Generally speaking, you start the SOL clock when a payment is missed (the due date comes and you no dot send any money). Regarding the account where you made a payment on 04/2019 - that would have reset the SOL clock, so them filing a lawsuit 3yrs & 11 months later is within the SOL. Quote Link to comment Share on other sites More sharing options...
Robby8900 Posted June 25, 2019 Report Share Posted June 25, 2019 4 hours ago, RyanEX said: SOL in CA on written contracts is 4 years. Generally speaking, you start the SOL clock when a payment is missed (the due date comes and you no dot send any money). Regarding the account where you made a payment on 04/2019 - that would have reset the SOL clock, so them filing a lawsuit 3yrs & 11 months later is within the SOL. What if there is a borrowing statute, regarding the location of where payment is received, that is where the default is. 1 Quote Link to comment Share on other sites More sharing options...
RyanEX Posted June 25, 2019 Report Share Posted June 25, 2019 4 hours ago, Robby8900 said: What if there is a borrowing statute, regarding the location of where payment is received, that is where the default is. You may have a point there. If an original creditor goes by the laws of a different state, a state that has a different SOL period for a given contract, then CA may recognize whichever SOL law is shorter. I'll need to look up the code. Quote Link to comment Share on other sites More sharing options...
BV80 Posted June 25, 2019 Report Share Posted June 25, 2019 3 hours ago, RyanEX said: You may have a point there. If an original creditor goes by the laws of a different state, a state that has a different SOL period for a given contract, then CA may recognize whichever SOL law is shorter. I'll need to look up the code. California does allow for the shorter SOL of another state. See Resurgence Financial, LLC v. Chambers. https://scholar.google.com/scholar_case?case=10121350625093322993&q=“borrowing+statute”&hl=en&as_sdt=4,5 However, if I’m not mistaken, Citibank is out of South Dakota which has. 6-year SOL. Quote Link to comment Share on other sites More sharing options...
YOLO YOLO Posted June 25, 2019 Author Report Share Posted June 25, 2019 14 hours ago, RyanEX said: SOL in CA on written contracts is 4 years. Generally speaking, you start the SOL clock when a payment is missed (the due date comes and you no dot send any money). Regarding the account where you made a payment on 04/2019 - that would have reset the SOL clock, so them filing a lawsuit 3yrs & 11 months later is within the SOL. I am doing the Math and maybe the payment was made 10 days within the SOL. I don't remember doing such payment. How can I ask them to provide a copy of such a payment? If the minimum payment was $1200 why would I have sent $120? The monthly statement does show a payment received but it doesn't say if it was a check or an online payment? No info on that payment. Only Payment Thank you. What documents can the Plaintiff obtain from Citibank to show "I" or who made that payment? If the account was not a join account and nobody else was authorized to make payments but me. Could Citibank have taken a payment from an non authorized user? WHAT IF THE PAYMENT WAS SENT ON 03/10/2014 BUT RECEIVED ON 03/30/2014? Does it matters when it was sent or when they added to the account? Thank you Quote Link to comment Share on other sites More sharing options...
YOLO YOLO Posted June 25, 2019 Author Report Share Posted June 25, 2019 9 hours ago, Robby8900 said: What if there is a borrowing statute, regarding the location of where payment is received, that is where the default is. If that last payment was done by non authorized user, how can I ask the Plaintiff to provide evidence of who made that payment and if there was an authorized person on the account?. If Plaintiff can't proof I made that payment, can the SOL go back to 11/2014? Quote Link to comment Share on other sites More sharing options...
BV80 Posted June 25, 2019 Report Share Posted June 25, 2019 13 minutes ago, YOLO YOLO said: If that last payment was done by non authorized user, how can I ask the Plaintiff to provide evidence of who made that payment and if there was an authorized person on the account?. If Plaintiff can't proof I made that payment, can the SOL go back to 11/2014? If that’s the case, you could honestly deny that you made a payment. How far the plaintiff would be willing to follow up to determine the origin of the payment, I don’t know. BTW, who was the AU who made the payment? Quote Link to comment Share on other sites More sharing options...
YOLO YOLO Posted June 25, 2019 Author Report Share Posted June 25, 2019 4 minutes ago, BV80 said: If that’s the case, you could honestly deny that you made a payment. How far the plaintiff would be willing to follow up to determine the origin of the payment, I don’t know. BTW, who was the AU who made the payment? Is there a document they can bring to show there was an authorized person on the account? Can they find out who made the payment? Quote Link to comment Share on other sites More sharing options...
BV80 Posted June 25, 2019 Report Share Posted June 25, 2019 6 minutes ago, YOLO YOLO said: Is there a document they can bring to show there was an authorized person on the account? Can they find out who made the payment? You know, I’m not sure if there’s a particular document they might have that would show that information. But if they were to ask (such as in discovery requests) if there was an au, you would have to answer honestly. Who was the au? Have you looked into CCP 96 & 98? Quote Link to comment Share on other sites More sharing options...
YOLO YOLO Posted June 25, 2019 Author Report Share Posted June 25, 2019 6 minutes ago, BV80 said: You know, I’m not sure if there’s a particular document they might have that would show that information. But if they were to ask (such as in discovery requests) if there was an au, you would have to answer honestly. Who was the au? Have you looked into CCP 96 & 98? My case is very complex. I found out about the debt when I got sued. Discovery is on right now. So far I denied everything so I can't answer if I authorized anybody because the debt is not mine until they proof it. CCP 96 and 98 are my next move. I am learning what they are. Plaintiff provided an affidavit but I am sure that person (if exists) knows nothing about the case. Some Citibank employee, a lady from Missouri. Quote Link to comment Share on other sites More sharing options...
BV80 Posted June 25, 2019 Report Share Posted June 25, 2019 4 minutes ago, YOLO YOLO said: Discovery is on right now. So far I denied everything so I can't answer if I authorized anybody because the debt is not mine until they proof it. Pretty much all they have to do is show credit card statements with your name and address. The reason I’m asking the au is to determine that person’s relationship to you. If it was your spouse who made a payment out of your joint account, that could be more of a problem than a parent who made a payment that you didn’t know about. Quote Link to comment Share on other sites More sharing options...
YOLO YOLO Posted June 25, 2019 Author Report Share Posted June 25, 2019 3 minutes ago, BV80 said: Pretty much all they have to do is show credit card statements with your name and address. The reason I’m asking the au is to determine that person’s relationship to you. If it was your spouse who made a payment out of your joint account, that could be more of a problem than a parent who made a payment that you didn’t know about. What about if payment come from an account that has nothing to do with me.? Quote Link to comment Share on other sites More sharing options...
BV80 Posted June 25, 2019 Report Share Posted June 25, 2019 6 minutes ago, YOLO YOLO said: What about if payment come from an account that has nothing to do with me.? Then I don’t see how they could prove it. Quote Link to comment Share on other sites More sharing options...
YOLO YOLO Posted June 25, 2019 Author Report Share Posted June 25, 2019 36 minutes ago, BV80 said: Then I don’t see how they could prove it. Great. Just to make sure they don't have anything.... I am drafting the Request of Documents to the Plaintiff. What would it be the correct wording for me to ask? English is my 3rd languaje and I don't want to sound unprofessional. Without been to obvious that I wasn't involved in the payments. How can I say... "Please provide a copy of payments made, cashed check and online monthly payments to the account xxxxxxxxxx1234 showing the defendant as the originator of such payments". Is it too obvious? How do I know if they know that an authorized user was involved in the account beside me. Can they ask Citybank who was making the payments? What about on my Interrogatories.. Admit you don't have any evidence of the Defendant making any payments to the account nor having made any purchases. THANK YOU ALL BY THE WAY FOR YOUR ANSWERS. Quote Link to comment Share on other sites More sharing options...
BV80 Posted June 25, 2019 Report Share Posted June 25, 2019 2 hours ago, YOLO YOLO said: Great. Just to make sure they don't have anything.... I am drafting the Request of Documents to the Plaintiff. What would it be the correct wording for me to ask? English is my 3rd languaje and I don't want to sound unprofessional. Without been to obvious that I wasn't involved in the payments. How can I say... "Please provide a copy of payments made, cashed check and online monthly payments to the account xxxxxxxxxx1234 showing the defendant as the originator of such payments". Is it too obvious? How do I know if they know that an authorized user was involved in the account beside me. Can they ask Citybank who was making the payments? What about on my Interrogatories.. Admit you don't have any evidence of the Defendant making any payments to the account nor having made any purchases. THANK YOU ALL BY THE WAY FOR YOUR ANSWERS. I’ll defer to CA members to help you with discovery. ? They also understand CCP 96 & 98. @RyanEX @sadinca Quote Link to comment Share on other sites More sharing options...
YOLO YOLO Posted July 1, 2019 Author Report Share Posted July 1, 2019 On 6/25/2019 at 4:33 PM, BV80 said: ’ll defer to CA members to help you with discovery. ? Hi, I am preparing my discovery set (1). I finished the Request for Admissions and I attached the Form disc-020 too. Do I need to attached any form for Interrogatories and Production of Documents? My interrogatories are only questions. Can I call the request ( Special Interrogatories) like the Plaintiff did to me? All my discovery papers are prepared on pleading paper. Thanks Quote Link to comment Share on other sites More sharing options...
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