Ddjcplus4 1 Posted January 20 Report Share Posted January 20 @admin hi, the summons is posted right above this post. Just scroll up to see. It’s redacted with black marker. Thanks Quote Link to post Share on other sites
WhoCares1000 775 Posted January 20 Report Share Posted January 20 3 hours ago, HelpMepls said: @WhoCares1000 do I keep original copies? Yes, you keep the original and make a copy to return to H&H with the check. Quote Link to post Share on other sites
WhoCares1000 775 Posted January 20 Report Share Posted January 20 2 hours ago, Ddjcplus4 said: Also proof of service? Can my wife fill this out so it’s a different person? @admin @WhoCares1000 Wife or friend, anyone usually not connected with the case. I would prefer friend so as to avoid any relation issues. Quote Link to post Share on other sites
WhoCares1000 775 Posted January 20 Report Share Posted January 20 2 hours ago, Ddjcplus4 said: @admin @WhoCares1000 Hi! I’m filing out the response and do I check box 3b. And do I explore in words what I deny? How do I explain what is false? And do I check boxes 2,5,6 or do I leave blank. I can post if I need to. Thanks y’all There is a thread in the "I need a lawyer" section that discussed dealing with cases in California. I suggest your read that. As for the allegations that you deny, all you say is "The defendant denies [Allegations being denied such as all allegations in the First Action] and demands strict proof thereof." You do not have to get all wordy and write a huge work on this. Just one sentence. Simple and sweet. Quote Link to post Share on other sites
Ddjcplus4 1 Posted January 21 Report Share Posted January 21 Hi @adminI don’t know if you’re getting my messages but I did post the summons on this post. I don’t know if you can see it but I can. Did I not post it correctly? Quote Link to post Share on other sites
admin 896 Posted January 21 Report Share Posted January 21 12 hours ago, Ddjcplus4 said: Hi @adminI don’t know if you’re getting my messages but I did post the summons on this post. I don’t know if you can see it but I can. Did I not post it correctly? If you read the article I posted about how to answer a summons and take the advice of @WhoCares1000, answering the summons should be easy. You specifically deny everything that is not the address, location or identity of you or the plaintiff and demand strict proof. You can use the form. Mention any defenses that you think would apply. https://www.creditinfocenter.com/legal/affirmative-defenses.shtml Quote Link to post Share on other sites
Ddjcplus4 1 Posted January 21 Report Share Posted January 21 Hi! @WhoCares1000 thanks again! so when I file the affidavit of service, does my wife or separate person fill this out and file separately at the courthouse? Or can I bring everything at once to get signed? Or how does this work? Quote Link to post Share on other sites
WhoCares1000 775 Posted January 21 Report Share Posted January 21 I am not sure about California rules so you need to review those but yes, whoever effected service will fill it out and file it with the court. Quote Link to post Share on other sites
Ddjcplus4 1 Posted January 21 Report Share Posted January 21 @WhoCares1000 @admin here’s the answer I wrote would you see if it looks good. Thanks y’all Quote Link to post Share on other sites
HelpMepls 0 Posted January 22 Author Report Share Posted January 22 @Ddjcplus4 you would think after we agree to pay that would be the end of this damn nightmare right!?!? Question...did you have to pay and how much to file the answer Quote Link to post Share on other sites
Ddjcplus4 1 Posted January 22 Report Share Posted January 22 @HelpMepls lol I know! I haven’t gone yet, most likely tomorrow. I’ll post the results 😀 Quote Link to post Share on other sites
Ddjcplus4 1 Posted January 22 Report Share Posted January 22 @WhoCares1000 @admin I just posted my answer and am wanting to file today. Does anything look incorrect? Sorry for the millionth question. 🙏🏼 And thanks Quote Link to post Share on other sites
WhoCares1000 775 Posted January 22 Report Share Posted January 22 Looks fine to me as a layman (I am not a CA lawyer or resident). It really should not matter once the check gets delivered and goes through but you have to do it to protect your self from any shenanigans. 1 Quote Link to post Share on other sites
HelpMepls 0 Posted January 22 Author Report Share Posted January 22 @WhoCares1000 ok I sent my first payment of $2650 bank check, with the certified green sticker thing....yesterday. No summones yet, checked my court records and nothing still the same, no court date. Last payment $400 by feb 7th... Can I just file an answer before I get the summones? Should I? Quote Link to post Share on other sites
admin 896 Posted January 22 Report Share Posted January 22 4 hours ago, HelpMepls said: @WhoCares1000 ok I sent my first payment of $2650 bank check, with the certified green sticker thing....yesterday. No summones yet, checked my court records and nothing still the same, no court date. Last payment $400 by feb 7th... Can I just file an answer before I get the summones? Should I? @HelpMepls No, I'd wait. Quote Link to post Share on other sites
WhoCares1000 775 Posted January 22 Report Share Posted January 22 4 hours ago, HelpMepls said: @WhoCares1000 ok I sent my first payment of $2650 bank check, with the certified green sticker thing....yesterday. No summones yet, checked my court records and nothing still the same, no court date. Last payment $400 by feb 7th... Can I just file an answer before I get the summones? Should I? No because there is no need to until you are served. Just watch to make sure they don't try alternative service. If they try that, then file you answer. You gave them your correct address and they still cannot figure out how to serve you (or they are waiting to see if you follow through with the agreement). That is on them, not you. Be ready to file an answer however if you do get served (or they try alternative service). Quote Link to post Share on other sites
HelpMepls 0 Posted January 23 Author Report Share Posted January 23 9 hours ago, WhoCares1000 said: No because there is no need to until you are served. Just watch to make sure they don't try alternative service. If they try that, then file you answer. You gave them your correct address and they still cannot figure out how to serve you (or they are waiting to see if you follow through with the agreement). That is on them, not you. Be ready to file an answer however if you do get served (or they try alternative service). I def will wait and watch...again, just wanted to say how much I appreciate your time, patience and help. U helped me so much. I know this isn’t over yet but I’m very amazed how people like you are willing to take time and help people like me. U didn’t get sarcastic or just tell me “read this” u took the time to explain. THANK YOU Quote Link to post Share on other sites
Ddjcplus4 1 Posted January 24 Report Share Posted January 24 @HelpMepls I went to file response and you can’t enter the clerks office to do anything. They had a self help area to stamp your response with a machine and you fill and file cover letter and submit to the box they had set up. No payment made but they may ask later? It was fast and easy though. Quote Link to post Share on other sites
HelpMepls 0 Posted January 27 Author Report Share Posted January 27 On 1/24/2021 at 7:57 AM, Ddjcplus4 said: @HelpMepls I went to file response and you can’t enter the clerks office to do anything. They had a self help area to stamp your response with a machine and you fill and file cover letter and submit to the box they had set up. No payment made but they may ask later? It was fast and easy though. Thank u! I have not been served yet!!! I’m just waiting, they been to my house before but I wasn’t home.Have u received the green card thing back? Quote Link to post Share on other sites
HelpMepls 0 Posted January 28 Author Report Share Posted January 28 @WhoCares1000 when should I expect the green card back? I have not received and I tracked it and H&H has received it maybe 2 days ago. Quote Link to post Share on other sites
WhoCares1000 775 Posted January 28 Report Share Posted January 28 You should get it back any day then. Those are usually mailed first class and sometimes that is slow, especially during COVID. Quote Link to post Share on other sites
HelpMepls 0 Posted February 3 Author Report Share Posted February 3 Last payment sent today...sent it express with green card receipt, extra $30 on top of $400...but I STILL HaVE NOT got served!! I’m just glad the agreement of the settlement is done...now just wait to get served or just go to court house (if it’s open) to see what’s going on!! Thanks everyone! This was so stressful but it def open my eyes to be smarter. Hopefully everything goes smooth after this Quote Link to post Share on other sites
WhoCares1000 775 Posted February 3 Report Share Posted February 3 At this point, once the payment arrives, just watch and make sure that the case gets dismissed by the plaintiff. Also, keep all the paperwork in case they plaintiff does not dismiss and you get served because that will be the basis for your affirmative defense. 1 Quote Link to post Share on other sites
HelpMepls 0 Posted Friday at 03:19 PM Author Report Share Posted Friday at 03:19 PM On 2/3/2021 at 4:08 AM, WhoCares1000 said: At this point, once the payment arrives, just watch and make sure that the case gets dismissed by the plaintiff. Also, keep all the paperwork in case they plaintiff does not dismiss and you get served because that will be the basis for your affirmative defense. Back again...should I call hunt and heriques to send me a letter of confirmation of payment settlement? Receipt? I have not been served, no one has attempted, I can’t go to the court because it’s closed. I looked online on court records mine still looks the same just case number, date filed. Quote Link to post Share on other sites
WhoCares1000 775 Posted Friday at 05:14 PM Report Share Posted Friday at 05:14 PM You have a written copy of the settlement and the receipts showing that you made the payment as well as the green cards for each payment you sent, correct? If so, then that is your proof should H&H try to continue the case and have you served. You don't need anything else from them and I would not talk to them again if I could help it. Watch the case until you see that it has been dismissed, either by H&H (who should actually dismiss it at this point) or by the courts for lack of prosecution. If H&H does not dismiss the case, you might be able to file your own dismissal with prejudice attaching a copy of your records on the settlement as evidence of accord and satisfaction. If you do eventually get served or H&H tries to do alternative service, you follow the same process as before, file an answer with the affirmative defense of accord and satisfaction, attach a copy of your settlement records, and file a motion for dismissal with prejudice. If they try to get a default judgement, you can counter that by stating you have not been served and file your own motion for dismissal with prejudice as outlined above. So, for right now, just watch the case online and and see what they try to do next. I doubt they will try to continue the case. The courts are backlogged and a judge would be pissed to have this on his/her docket with is more than full. Also, watch your credit reports and if they don't update the debt to "Satisfied for less than the full amount" after 3 months for that trade line, file a dispute with the credit reporting agencies showing that you came to an agreement on that debt. Quote Link to post Share on other sites
