AlmostBK Posted August 29, 2020 Report Share Posted August 29, 2020 California case 1. Who is the named plaintiff in the suit? Unifund CCR, LLC 2. What is the name of the law firm handling the suit? Law Offices of Kenosian & Miele, llp 3. How much are you being sued for? $8,000+- 4. Who is the original creditor? (if not the Plaintiff) Barclays Bank Delaware – Juniper Card 5. How do you know you are being sued? (You were served, right?) Yes, served at home by sheriff. 6. How were you served? (Mail, In person, Notice on door) Sheriff personal served me. . 7. Was the service legal as required by your state? Yes 8. What was your correspondence (if any) with the people suing you before you think you were being sued? None from me, a lot of demands from CA's . 9. What state and county do you live in? California, Los Angeles 10. When is the last time you paid on this account? Last payment was 11/2016 Original suit was filed 01/2020 Time between last payment and filing is 38 months. Three years and two months. 11. What is the SOL on the debt? Delaware is 3 years / California is 4 years - Would like to use Delaware 3 years https://scholar.google.com/scholar_case?case=10121350625093322993&q=RESURGENCE+FINANCIAL+LLC+v.+CHAMBERS&hl=en&as_sdt=4,5 12. What is the status of your case? Status is pending Proof of Service has not been filed, I filed a GD and FW on time, FW was denied, I have filed for a FW Hearing. I was just planning to delay and file BK but after reading and looking around it looks like I should fight this. 13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) No 14. Did you request debt validation before the suit was filed? Note: if you haven't sent a debt validation request, don't bother doing this now - it's too late. No. 15. How long do you have to respond to the suit? I have filed a GD and FW. Waiting on hearing for FW.PLD-050 GD.pdf Complaint – 1. Breach of contract 2. Common Counts “Demand does not exceed $10,000” enrichment. 16. What evidence did they send with the summons? Complaint with Exhibit “A” copy of CC Statement dated Dec 2016 with last payment as of November 2016 17. Just checked Credit Report and the only Barclays account was closed 05/2015. It is list as “Credit line closed-grantor request-reported by subscriber” Also shows “Payment Status” as “Paid satisfactorily” Quote Link to comment Share on other sites More sharing options...
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