Marlon

Received Summons by LVNV for CREDIT ONE Credit Card

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1. Who is the named plaintiff in the suit?  LVNV FUNDING LLC

2. What is the name of the law firm handling the suit?  MANDARICH LAW GROUP, LLP

3. How much are you being sued for?  $+/- $1736.21+ Court Costs

4. Who is the original creditor? (if not the Plaintiff)   CREDIT ONE BANK

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

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

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?  No Contact w/ LVNV- May have received E-mail notices in the past

9. What state and county do you live in?  ORANGE COUNTY, CA

10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations)  08/18 Within the SOL which is 4 years in CA.

11. When did you open the account (looking to establish what card agreement may be applicable)?  06/2015

12. What is the SOL on the debt? To find out:  4 yrs

13. What is the status of your case? Suit served? Motions filed?  Served 02/03 - Have Answer to Petition (denials w/ arbitration as sole affirmative defense) prepared to file, working on MTC Arbitration

14. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?)  Yes

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').  Unfortunately, no. 

17. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits.  Just the last two credit card statements before account was closed. They did however send me bill of sale between multiple Debt buyers and a few months of statements in the mail recently. Not attached to the summons.

 

Thanks in advance ,I have my answers and MTC ARBITRATION filled out thanks to this forum and I really just want to make sure they are formatted and filled correctly.

Are answers and Motions supposed to be served to plaintiff before filing with the courts?

Do I have to request a court hearing before my MTC ARBITRATION and add it in there?

How do I file proof of service once Answers and Motion are filled?


 

 

 

MOTION TO COMPEL ARBITRATION.rtf

Edited by Marlon
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10 hours ago, Marlon said:

Are answers and Motions supposed to be served to plaintiff before filing with the courts?

I’m not sure it makes a difference.  I would think you could file with the court and send to the plaintiff’s attorney on the same day.

10 hours ago, Marlon said:

Do I have to request a court hearing before my MTC ARBITRATION and add it in there?

See what your rules say about requesting a hearing. 
Dates for motion hearings are not always set on the same day the motion is filed with the court so it would not be possible to include a hearing date in the motion.

 

10 hours ago, Marlon said:

How do I file proof of service once Answers and Motion are filled?

Do your rules require that you file a proof of service?

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There is an important underlying point behind @BV80’s responses.  
 

Not all courts have the same rules.  Every state has its own rules of civil procedure, and they are different for different types of courts.  Small claims and civil courts often have different rules.  
To make things even more complicated, rules can differ for the various counties within a state.  For example,  the rules in my particular county are unique to my county, and no other county anywhere in the USA.  
 

So that limits the advice we can give people. We aren’t lawyers, and even the most experienced trial lawyers will only know the rules for the various counties in their state. 
 

There are a few things that are pretty much universal.  Anything you send to the court must also be sent to the opposing attorney.  The rules on how this is done may vary, but in general sending a copy certified mail can’t hurt.  

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@BV80Thank you for the reply I really appreciate it. Yes, it does require proof of service only 5 days before the court hearing, which hasn’t been set yet. So I should be good to go. I will be going to the court tomorrow to file both and send it to LVNV’s attorneys soon after. I will keep you guys updated.

 

@BackFromTheDebtThank you, for the info I really appreciate it.

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