LegalWarrior

Being sued in california need a little help in how to file the response.

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1. Who is the named plaintiff in the suit? Unifund CCR, LLC

2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) I rather not say.

3. How much are you being sued for? $1000

4. Who is the original creditor? (if not the Plaintiff) CHASE Bank

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

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

7. Was the service legal as required by your state? I am not sure. I have read that they are supposed to serve me within 60 days unless it is a collections debt buyer case which is supposed to be within 180 days from when the case was filed. I was served after 180 days and have read that courts could sanction the plaintiff, but I have no idea on how that works or how to ask for sanctions on the plaintiff for the violation.

Process Service Requirements by State - Summons Complaint

8. What was your correspondence (if any) with the people suing you before you think you were being sued? None whatsoever.

9. What state and county do you live in? CA Orange county

10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) it is within the 4 year statue of limitations in California.

11. When did you open the account (looking to establish what card agreement may be applicable)? 2016

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

Statute of Limitations on Debts

13. What is the status of your case? Suit served? Motions filed? You can find this by a) calling the court or  looking it up online (many states have this information posted - when you find the online court site, search by case number or your name). suit is served I need to file response by Monday march 1st

14. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) no

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'). No I haven’t requested debt validation

16. How long do you have to respond to the suit? (This should be in your paperwork). If you don't respond to the lawsuit notice you will lose automatically. In 99% of the cases, they will require you to answer the summons, and each point they are claiming. We need to know what the "charges" are. Please post what they are claiming. Did you receive an interrogatory (questionnaire) regarding the lawsuit? Monday March 1st-No, did not receive interrogatory – charges are 1) account stated. 2) money lent.

Here is an example of what the summons/complaint may look like: Sued by a Debt Collector - Learn How to Fight Debt Lawsuits

17. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. A statement from OC when the account was still open. It shows last payment that is within the 4 year sol

18.  How did you find out about this site? By researching on the internet

18. Read these two links:

Using Arbitration To Defend A Debt Collection Lawsuit

Sued by a Debt Collector - Learn How to Fight Debt Lawsuits

 

after researching on the internet for the last 3 weeks i've written some notes below about the lawsuit.

1.       pleading was never verified. There are no affidavits stating that the allegation is verified.

2.       I have 2 credit cards in default. Credit card “A” and Credit card “B” (I am being sued for “A” only at this time)

3.       The amount at charge off of credit card “A” is 1k (according to the lawsuit. I have no way of knowing this yet because I have not seen it on credit report of when and how much charge off was)

4.       Exhibit A of summons shows an account statement from 2016 of credit card “A”. Note this is a regular account statement of credit card “A”. It’s not the charge off amount of credit card “A”

5.       Credit card “B” on credit report shows account closed on a “certain date”.

6.       Coincidently in the lawsuit it states “On certain date defendants were indebted to the charge off creditor chase bank for the charge off sum of 1k” I think they are getting the 2 credit cards mixed up. Also note that credit card “A” is not on the credit report anymore. Only credit card “B” is.

 

 

I really need some quick guidance on how to respond to this lawsuit. Researching all of this in the last 3 weeks has my brain overloaded and I am not retaining a lot of this as I should be.

Should I respond to each allegation in my answer or a general denial? If so, what are my defenses?

Should I do a motion to strike?

A motion to quash summons.?

Demurrer?

 

Sorry for the noob questions. i am simply overwhelmed. Thank you in advance on any guidance or help in sorting all of this out.

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16 minutes ago, BV80 said:

yes that's one of the many things i have bookmarked and read on the legislature site. i've used that site many times for other legal matters in the past.

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8 minutes ago, LegalWarrior said:

yes that's one of the many things i have bookmarked and read on the legislature site. i've used that site many times for other legal matters in the past.

CCP 92

(a) The pleadings allowed are complaints, answers, cross-complaints, answers to cross-complaints and general demurrers.

(b) The answer need not be verified, even if the complaint or cross-complaint is verified.

(c) Special demurrers are not allowed.

(d) Motions to strike are allowed only on the ground that the damages or relief sought are not supported by the allegations of the complaint.

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13 minutes ago, BV80 said:

CCP 92

(a) The pleadings allowed are complaints, answers, cross-complaints, answers to cross-complaints and general demurrers.

(b) The answer need not be verified, even if the complaint or cross-complaint is verified.

(c) Special demurrers are not allowed.

(d) Motions to strike are allowed only on the ground that the damages or relief sought are not supported by the allegations of the complaint.

im sorry BV80 i'm not getting it. what is so special about ccp 92? i truly appreciate your input, but im not getting how ccp 92 helps me to file my answer. im sure its me and my over worked brain for the last 3 weeks. please hint.

 

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14 minutes ago, LegalWarrior said:

im sorry BV80 i'm not getting it. what is so special about ccp 92? i truly appreciate your input, but im not getting how ccp 92 helps me to file my answer. im sure its me and my over worked brain for the last 3 weeks. please hint.

 

The following is from a CA lawyer explaining demurrers.

https://www.linkedin.com/pulse/demurrer-complaint-california-nathan-mubasher

In regard to a motion to strike, see CCP 92(d).  What exactly are the allegations?  

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5 minutes ago, LegalWarrior said:

you mean account stated and money lent?

 

Motions to strike are allowed only on the ground that the damages or relief sought are not supported by the allegations of the complaint.”

The allegations and the amount sought must match.  A motion to strike would have to show that the allegations don’t support the amount of damages they are claiming.

Also, the complaint doesn’t have to be verified.

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Regarding the SOL:  Chase is a Delaware corporation.  The SOL in Delaware is 3 years.  California has a borrowing statute, case law is Resurgence v. Chambers.  If your last payment was more than 3 years before they filed suit, you have a SOL defense, IMO.

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Answering is pretty easy. Since their complaint is unverified you can use one of the forms downloadable from the state: https://www.courts.ca.gov/documents/pld050.pdf

Just fill in your name in line 1 to deny the complaint in it's entirety. If you have an affirmative defense (see nobk4me's post about Delaware's 3yr SOL) you can check #2 and fill that in.

You'll need a proof of service as well https://www.courts.ca.gov/documents/pos030.pdf

You'll file the originals with the court, and mail copies of each to the plaintiff. 1st class is fine.

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On 2/25/2021 at 11:32 AM, nobk4me said:

Regarding the SOL:  Chase is a Delaware corporation.  The SOL in Delaware is 3 years.  California has a borrowing statute, case law is Resurgence v. Chambers.  If your last payment was more than 3 years before they filed suit, you have a SOL defense, IMO.

actually its not chase....was being paranoid about them reading sites like this....so dates...numbers...and company names were switched. 😉 Either way SOL was still good.

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19 hours ago, LegalWarrior said:

actually its not chase....was being paranoid about them reading sites like this....so dates...numbers...and company names were switched. 😉 Either way SOL was still good.

Not a bad idea to be vague. In the past one or two members have indicated that their plaintiffs had said something to them about this board; however that is over 8 years being a member here so it is very infrequent as far as I can tell. Be general about things like dollar amounts, dates, any particular way you have interacted with them, etc - but IMO it's helpful for us to know the original creditor is, along with the plaintiff & law firm handling the suit.

Are you ready to file your answer on Monday (if you haven't already)?

Also, you should give this thread a read: https://www.creditinfocenter.com/community/topic/317277-how-i-beat-midland-in-california/  - it outlines the approach to beating this type of lawsuit in CA. To my knowledge, in all my years on the board, everyone who has followed the steps outlined in the thread has come out on top. It's quite a few years old, but everything still applies.

 

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On 2/27/2021 at 7:05 PM, RyanEX said:

Not a bad idea to be vague. In the past one or two members have indicated that their plaintiffs had said something to them about this board; however that is over 8 years being a member here so it is very infrequent as far as I can tell. Be general about things like dollar amounts, dates, any particular way you have interacted with them, etc - but IMO it's helpful for us to know the original creditor is, along with the plaintiff & law firm handling the suit.

Are you ready to file your answer on Monday (if you haven't already)?

Also, you should give this thread a read: https://www.creditinfocenter.com/community/topic/317277-how-i-beat-midland-in-california/  - it outlines the approach to beating this type of lawsuit in CA. To my knowledge, in all my years on the board, everyone who has followed the steps outlined in the thread has come out on top. It's quite a few years old, but everything still applies.

 

Thank you for your time and info that you gave me ryanex and BV80...you guys rock!

i will definitely give that a read....btw....being sued by unifund.

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