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Unifund - CA Court - Zero filed response


AlmostBK
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Filed a GD a few days ago and just to make  sure I did it right I reviewed the court record to find a sample. After a half hour searching the records under Unifund I found only one reply and it was to confirm the debit.   

1000's of cases almost all of them went to default and a few were settled or dismissed. Guess if you just file a response you are in the 1%. 

Going back soon my fee waiver was denied, I am requesting a hearing. If I can get my FW I get what i need is time to file for BK. Because so few file a reply I am wondering if maybe I should fight it.  Trial date is 5 months out. 

What are your thoughts.  My credit problems started in 2016.

1. SOL on all my debit would be end of 2020 by with Covid SOL was extended 6 months so now June 2021.

2. A BK will stay on my record till 2030 or 2031. All my bad debt will fall off my record by 2023.

3. Could I offer a settlement to Unifund for court ($225.00) filing fees? I allegedly owe them almost $8,000.00.  Just a crazy thought.

4. A BK would clear my phone, right now I receive about 30+ calls a week and have stopped answering my phone. 

Thank you for any replies 

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Who is the OC?  If arbitration is an option, that is the best way to beat a JDB.  Also, CA has a borrowing statute.  If the OC uses Delaware law (a number of them do), then the DE SOL (3 years) may have run out. I think Resurgent v. Chambers is the relevant case law.

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On 8/27/2020 at 1:10 PM, nobk4me said:

Who is the OC?  If arbitration is an option, that is the best way to beat a JDB.  Also, CA has a borrowing statute.  If the OC uses Delaware law (a number of them do), then the DE SOL (3 years) may have run out. I think Resurgent v. Chambers is the relevant case law.

Thank you, I have gone from delay to file BK to maybe I should fight this. 

Google Scholar RESURGENCE FINANCIAL v PAMELA S. CHAMBERS  https://scholar.google.com/scholar_case?case=10121350625093322993&q=RESURGENCE+FINANCIAL+LLC+v.+CHAMBERS&hl=en&as_sdt=4,5

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