HelpMepls

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3 hours ago, Ddjcplus4 said:

@WhoCares1000 so if it shows up should I pay them still? I’m thinking it will be here soon. How do I answer summons if I want to pay in full? Still a denial until they come through with the agreement?

@Ddjcplus4 pls keep me updated that what exactly I was dreading would happen to me! I hope we just pay our debt, and be done and move on...such a headache!!! Good luck to u

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3 minutes ago, Ddjcplus4 said:

@HelpMepls just wondering how long it took you to receive anything they have sent? Was it days or weeks? 

I think like almost...or two weeks. My first payment is due on the 27th...so I’m very nervous they will do the same...no way I’m sending payment with out reading or signing an agreement!

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20 minutes ago, Ddjcplus4 said:

@HelpMepls so when you called did they say it would be sent immediately or how did they speak of how to make a payment?

it’s just money but they seem to avoid taking it lol 🤦🏻‍♂️

The first one of $100 a month, all they said was they will be sending me an agreement...and when it came in a stipulation judgment saying to basically agree they can get a judgment on me if I didn’t pay and on time. I changed my mind, didn’t want to be attached to them for 5yrs so I agreed to a payment of $3050...they agreed but since I kept nagging on pushing it back...they said I can pay Jan 27th $2650 and on feb 5th $400... lady said she will send me the agreement but hopefully it will come on time but she wasn’t sure, I did tell them no agreement no money, but she insisted just Incase paper doesn’t get to me on time the payment on the 27th will be due...so I’m going to call them tomorrow and tell them exactly what whocares1000 told me to say “if no paper I will wait for summones and see them in court and hopefully make agreement there or infront of the judge” did u call them? Let me know how it goes

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1 minute ago, HelpMepls said:

The first one of $100 a month, all they said was they will be sending me an agreement...and when it came in a stipulation judgment saying to basically agree they can get a judgment on me if I didn’t pay and on time. I changed my mind, didn’t want to be attached to them for 5yrs so I agreed to a payment of $3050...they agreed but since I kept nagging on pushing it back...they said I can pay Jan 27th $2650 and on feb 5th $400... lady said she will send me the agreement but hopefully it will come on time but she wasn’t sure, I did tell them no agreement no money, but she insisted just Incase paper doesn’t get to me on time the payment on the 27th will be due...I even told her I don’t trust you and this company with anything so no way I’m giving you bank account, they asked. so I’m going to call them tomorrow and tell them exactly what whocares1000 told me to say “if no paper I will wait for summones and see them in court and hopefully make agreement there or infront of the judge” did u call them? Let me know how it goes

 

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If you have been served already, file an answer as if you have not reached a settlement. If the settlement forms come after you filed your answer, the case can be dismissed by the plaintiff for settlement (and if you do settle and they try to move the case along after the agreement has been satisfied on your end, they will really get the judge angry at them).

If you have not been served. then wait to be served or for the agreement to arrive. If the agreement does not arrive until after the so called due date, then don''t pay them, wait to be served, file an answer and then redo settlement negotiations in the courthouse where you will be dealing with a real lawyer, not a debt collector (which is what you get when you call H&H).

Also, if you do get served and the settlement papers are not forthcoming, look at the card agreement that they are suing you on. If it has a good arbitration agreement, you can always answer lack of jurisdiction by the court and file a motion to compel arbitration. That will put you in the drivers seat for settlement in court because arbitration is way more expensive and they cannot put the costs of arbitration onto you. That is why it really behooves them to get the agreement to you ASAP if you have not been served yet.

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On 1/12/2021 at 9:58 AM, HelpMepls said:

 I have not been served can they still garnish if I don’t respond to the stipulation agreement (just example) thank u again

Nope.

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2 hours ago, WhoCares1000 said:

If you have been served already, file an answer as if you have not reached a settlement. If the settlement forms come after you filed your answer, the case can be dismissed by the plaintiff for settlement (and if you do settle and they try to move the case along after the agreement has been satisfied on your end, they will really get the judge angry at them).

If you have not been served. then wait to be served or for the agreement to arrive. If the agreement does not arrive until after the so called due date, then don''t pay them, wait to be served, file an answer and then redo settlement negotiations in the courthouse where you will be dealing with a real lawyer, not a debt collector (which is what you get when you call H&H).

Also, if you do get served and the settlement papers are not forthcoming, look at the card agreement that they are suing you on. If it has a good arbitration agreement, you can always answer lack of jurisdiction by the court and file a motion to compel arbitration. That will put you in the drivers seat for settlement in court because arbitration is way more expensive and they cannot put the costs of arbitration onto you. That is why it really behooves them to get the agreement to you ASAP if you have not been served yet.

Sorry with the dumb questions but what do we answer on the summones? Disagree? Agree? Mine tried to come today at the right house but I’m at work, I saw it through my ring app

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8 minutes ago, WhoCares1000 said:

I think California has a form that you can simply check a box saying that you disagree. I would look it up on the court website.

Thank you... but since we are settling on an agreement payment, how do I answer it the summones when it comes. Is there somewhere I can put we settled. Thank u so much for taking the time to respond

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@WhoCares1000 let’s say I get served before the agreement comes, what’s the best answer? And before I have to answer the summones I think I’ll be paid off...how would I answer?  Thanks again for your time after u told me how to talk to them my anxiety has went down

 

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You have multiple questions here so I will answer them one by one:

1) I have not heard of any state where when you are served, they give you the form to file your answer too. So no, the form does not come with the summons and complaint. In fact, some states require you to use pleading paper to file your answer. California has a form so you should use that.

2) How to fill it out is really simple. You simply fill in the case details. For the admit part, that is where you admit to the stuff you know is true such as your name and address if it is correct. The deny part is where you deny the statements about the debt and address if the address is incorrect. Affirmative defenses will depend on where you are in the settlement process and who the OC is. In fact, before filling it in, let us know who the Original Creditor (OC) is because there might be other options based on that.

3) Even if you have an agreement, if the agreement has not arrived or has not been satisfied, you still file an answer. If you remember your original post, you asked how to keep H&H from messing you over, this is how. As long as the agreement has not been satisfied, you have to go in assuming you have no agreement. If you do not even have the agreement in writing, then you have what is called wishful thinking. By filing an answer, you are protecting your legal rights in the event that H&H tries to play games. If you don't file an answer, H&H will get what is called a default judgement and at that point, it will not matter what agreement you supposedly have with them.

Now, if you file the answer and the agreement comes in writing and you satisfy your end, what H&H is supposed to do is file for dismissal of the case. If they don't, there will be many preliminary meetings before trial and you can simply bring in your copy of the agreement with the bank check receipts and ask the judge why they have not dismissed according to the agreement.

Even if the agreement is satisfied, you should still file an answer with the case. You simply have the added affirmative defense of Accord and Satisfaction at that point. Again, this is to protect your rights.

Also, California courts are so backlogged that once you file an answer, it will take months and even years before the judge gets to your case. You will have more than ample time to settle and in some situations, if H&H tries to back out of this agreement, it might work to your advantage.

So, you prepare for the worst and hope for the best. If you get served, you file a timely answer, even if the agreement is eventually kept. This way, you protect your rights so that H&H cannot mess you over while getting what you want out of the ordeal.

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6 hours ago, WhoCares1000 said:

You have multiple questions here so I will answer them one by one:

1) I have not heard of any state where when you are served, they give you the form to file your answer too. So no, the form does not come with the summons and complaint. In fact, some states require you to use pleading paper to file your answer. California has a form so you should use that.

2) How to fill it out is really simple. You simply fill in the case details. For the admit part, that is where you admit to the stuff you know is true such as your name and address if it is correct. The deny part is where you deny the statements about the debt and address if the address is incorrect. Affirmative defenses will depend on where you are in the settlement process and who the OC is. In fact, before filling it in, let us know who the Original Creditor (OC) is because there might be other options based on that.

3) Even if you have an agreement, if the agreement has not arrived or has not been satisfied, you still file an answer. If you remember your original post, you asked how to keep H&H from messing you over, this is how. As long as the agreement has not been satisfied, you have to go in assuming you have no agreement. If you do not even have the agreement in writing, then you have what is called wishful thinking. By filing an answer, you are protecting your legal rights in the event that H&H tries to play games. If you don't file an answer, H&H will get what is called a default judgement and at that point, it will not matter what agreement you supposedly have with them.

Now, if you file the answer and the agreement comes in writing and you satisfy your end, what H&H is supposed to do is file for dismissal of the case. If they don't, there will be many preliminary meetings before trial and you can simply bring in your copy of the agreement with the bank check receipts and ask the judge why they have not dismissed according to the agreement.

Even if the agreement is satisfied, you should still file an answer with the case. You simply have the added affirmative defense of Accord and Satisfaction at that point. Again, this is to protect your rights.

Also, California courts are so backlogged that once you file an answer, it will take months and even years before the judge gets to your case. You will have more than ample time to settle and in some situations, if H&H tries to back out of this agreement, it might work to your advantage.

So, you prepare for the worst and hope for the best. If you get served, you file a timely answer, even if the agreement is eventually kept. This way, you protect your rights so that H&H cannot mess you over while getting what you want out of the ordeal.

I just want to make sure I’m reading correctly

THE ANSWER:

-I can just print that off of the county clerk website? No need to pick it up? Summons needs to be sent back?

-I send that to the court by mail and H&H? I make 3 copies and one of those are for my records. No need to give to the court in person?

HOW to ANSWER: assuming

-agreement is here, I deny everything except my info but check the part “affirmative defense”

-agreement NOT here, I deny everything except my address...anything else I add?

I will give them a till next wed to send me my agreement after that I will fill the answer, but no matter if I get agreement or not I STILL SEND the ANSWER...just waiting to figure out how I will answer the ANSWER depending on and when my agreement gets here.

MY PAYMENT 

-bank check issued by the bank and send it with tracking and maybe a two day priority?

-make copies, front and back of the check

-I will send nothing without an agreement if the agreement is not here on time (I need a day or two to read the thing I’m agreeing to right?) I tell them we have no agreement or deadline and hopefully we can make one when we are at court.

now if the the agreement gets here a day before the payment is due how do I pay them without using my checking account? Do I refuse and just meet them in court? I know they will refuse to move that date and I won’t believe them even if they say they will without it in writing.
 

I am very grateful for your time and patience with me...you truly have been a big big help! Your explanations are very clear and u don’t miss a detail!!! Your great thank u! I can’t tell u enough

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Answer:

You print off the form from the link I put in (or can even fill in using Adobe Acrobat Reader). No need to get one from the courthouse.

The answer has 3 parts:
The first box is the part of the complaint that you affirm. This is the stuff that you agree with, usually your name and any other information that is correct such as address. This tells the court what is not at issue.

The second box is part of the complaint where you deny. This is the stuff you don't agree with. Usually anything other than name and address but can be address too if incorrect.

The third box is affirmative defenses. This is where you put in any defense that you need to inform the court that you plan on using. For example, if the contract has an ironclad arbitration clause and you want to force the JDB into arbitration, you would put "Lack of Subject Jurisdiction" in this box. Don't put that in until we have had a chance to discuss with you who the original creditor is and if that is a valid defense. There are other too.

Submitting Answer:

I would contact the court clerk on how that is being done due to COVID, especially in California which is currently under lockdown. Basically, you take 3 copies of the answer to the court. You have the clerk stamp all 3 copies, submit one to the court, keep one for yourself, and send one to H&H Certified Mail Return Receipt Requested Green Card Style so that they have to sign for it and you can ensure that they get it.

Payment:

When you get a bank check, you also get a receipt with it. You can ask the teller what goes for the payment and what you keep. Usually there is a creased line between the 2 where you separate them. You keep the receipt. That will show the same information as is on the check.

When you send the payment back, include a copy of the payment and send it again Certified Mail Return Receipt Requested Green Card, even if you use priority or overnight. Once you get the green card back, keep that with your agreement and bank check receipt.

At this point, you should file an answer to the court case regardless of if you get the agreement on time or not. That way, if the agreement does arrive on time and you honor your side, the ball is in their court to dismiss the case and if they don't, the judge will not be happy. If the agreement does not arrive on time or is not honored for some reason, the court process continues. In other words, by filing the answer, you protect your rights no matter what happens.

 

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28 minutes ago, WhoCares1000 said:

Also, before you submit your answer, you can scan it and hide personal details and we can vet it to see if it looks OK.

When I get everything I will run it by you so u can review (if u don’t mind) my OC is US bank credit card, portfolio recovery bought it and suing me with H&H. Yes USbank has something about arbitration I did not understand it.

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3 hours ago, HelpMepls said:

When I get everything I will run it by you so u can review (if u don’t mind) my OC is US bank credit card, portfolio recovery bought it and suing me with H&H. Yes USbank has something about arbitration I did not understand it.

Try to find the last card agreement in effect at the time you defaulted. There is an arbitration subforum in the Legal forums that will have a link to the CFPB website where all the card agreements are kept by the government. Once you find it, post it here and we can help you determine if arbitration might work for you.

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36 minutes ago, WhoCares1000 said:

Try to find the last card agreement in effect at the time you defaulted. There is an arbitration subforum in the Legal forums that will have a link to the CFPB website where all the card agreements are kept by the government. Once you find it, post it here and we can help you determine if arbitration might work for you.

I think this is it

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