norcal Posted May 16, 2021 Report Share Posted May 16, 2021 My wife was diagnosed with ovarian cancer in 2014 and battled it until she passed away in 2018. During that time we struggled to keep up with medical expenses and other bills. It eventually became too much to deal with, so we just gave up. I am now being sued by Unifund for some 2017 Capital One credit card debt they purchased from Distressed Asset portfolio. I don’t remember the details of our finances during that time, and I don’t have any records either, so I don’t know whether the information in this lawsuit is true or not. I already responded with an answer following the book "Stick it to Sue Happy Debt Collectors." Hopefully I didn't screw anything up with my answer and the affirmative defenses I listed. I just got notified that we have a Case Management Conference set for this September. It looks like this is how to start this conversation, so here goes: 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.) Resurgence Legal Group 3. How much are you being sued for? $4258.63 4. Who is the original creditor? Capital One Bank 5. How do you know you are being sued? Served a summons 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? None. 9. What state and county do you live in? California, Humboldt County 10. When is the last time you paid on this account? Their exhibit alleges 04/13/2017 11. What is the SOL on the debt? In California, 4 years. Capital One is in Virginia, so I’m not sure if Virginia law applies to the SOL or not. 12. What is the status of your case? Suit served? Motions filed? I filed an answer denying everything. I used affirmative defenses I found in the book “Stick it to Sue Happy Debt Collectors.” Had a friend send them a copy by certified mail. I just got a Notice of Hearing for a Case Management Conference set for September. 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? No 15. How long do you have to respond to the suit? I already responded. I had 30 days to do so. 16. What evidence did they send with the summons? EXHIBIT A: Three pages from some Capital One billing statements. EXHIBIT B: Three different Bills of sale showing a sale of some files to Distressed Asset Portfolio III. Then to Distressed Asset Portfolio IV. And then to Unifund CCR, LLC. EXHIBIT C, A Printout of a spreadsheet showing my name address and various other details from the alleged account. Quote Link to comment Share on other sites More sharing options...
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