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Cybersec

Sued by Unifund

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Hello,

I'm being sued by Unifund.  I plan to go the arbitration route as described in:

Arbitration Overview and Strategy:
https://www.creditinfocenter.com/community/topic/329436-arbitration-overview-and-strategy-2018-most-up-to-date-info/

It was a Citibank account, and they have the AAA arbitration in their user agreement.

I'been reading through the different posts and I'm a little confused on what to file and wording.  I think I just need to file a general denial, but I also need to file a motion to compel for arbitration.  Can I put the MTC on the general denial form?  Or do I need file the general denial and just go straight to the MTC?

Also, I   think the court is currently closed in san mateo due to the covid-19 virus.    Should I serve them and then file the papers with the court when it opens or wait to file paper and then serve?

 

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.). Resurgence Legal Group, PC

3. How much are you being sued for? ~$7000

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

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


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


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


8. What was your correspondence (if any) with the people suing you before you think you were being sued?    They may have sent me letters in the mail, I am unsure 


9. What state and county do you live in?    San Mateo 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)    -Looks like 01/01/2017


11. When did you open the account (looking to establish what card agreement may be applicable)?    Not sure


12. What is the SOL on the debt?      Looks like 4 years 


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).

I was served and their complaint was filed, but no court date is set.


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').
I haven't requested debt validation.  I don't even see this debt on any of the 3 credit report.


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?

It says 30 days after the summons, which is dated 03/05/2020.  So 4/5/2020... although I believe the court is closed due to covid-19


17. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. 
-A statement, bill of sale of the debt (3 of them) and some other pages with small amounts of data... not sure what they are.

18.  How did you find out about this site?  Google search 

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Stop for a minute.

 

Citi has an exemption for small claims courts.  

I don't know jack about the CA courts, so I have no idea if a $7k debt would be in small claims or not.  I don't even know if CA has small claims.  

If this is NOT small claims, the arbitration strategy may work.  If not, it won't.

Since this appears to be a suit by a JDB, arbitration will probably work.  

Either way, you should check out the threads on the California cases,  Apparently Cali is the state where it is easiest for the consumer to win a case. 

 

Good luck!

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We do have small claims court, but businesses can only sue for up to $5000 for small claims.   Also looks like this one was filed for civil court.

Several other threads had  gone the arbitration route as well for less than I have, so I think I'm good there.  I'm just not clear if I need to do general denial and a MTC, or a MTC in the general denial, etc.

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Again, I am not an expert on CA.  Some folks are here.  

What is done in MOST states is to use lack of venue due to election of arbitration as an affirmative defense, and then to file an MTC.  

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4 hours ago, Cybersec said:

Can I  put that in the general denial  form?  Do I need to include a copy of the user agreement with it?

I don’t know anything about the CA general denial form.  
 

But yes, you need to include a copy of the agreement with any MTC

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@cybersec

There are a few recent CA threads that go over the arbitration process. Do a quick search when you can, I'll take a look too when in have some time.

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Is the general denial form  a 'Cross-Compliant'?  Trying to file online, since the courts are very limited due to Covid-19.   Its asking for the "form type"

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