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How long can they file after sending a notice of intention to file lawsuit in CA?


magali
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I received a letter last week that was sent on September 30th (stamped on the envelope and the lawyer stamped the date on the letter too) stating that the law firm retained by Cavalry intended to sue. Tonight I was leaving my building and some man approached me asking if I knew a tenant. I had a headache and didn't realize he said my apt number. My last payment was right before the pandemic started. I thought I had some time to send them a debt validation letter and now this happens.

 

I have googled and can't find any info on how soon one can file suit after sending a notice of intention to file lawsuit. Does anyone know?

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9 hours ago, magali said:

I have googled and can't find any info on how soon one can file suit after sending a notice of intention to file lawsuit. Does anyone know?

California is not a "right to cure" state and does not require they notify you they intend to sue but many JDBs do so anyway.  

Who is the original creditor and how much do they claim is owed?

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2 hours ago, Clydesmom said:

California is not a "right to cure" state and does not require they notify you they intend to sue but many JDBs do so anyway.  

Who is the original creditor and how much do they claim is owed?

citibank. 7k

 

I started reading the thread about "STANDING when dealing with jdb". I guess I need to sign the summons or receive the summons before I proceed? Another thread was titled  something like debt verification after lawsuit is filed is pointless so I guess I should skip that for now?

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25 minutes ago, magali said:

I guess I need to sign the summons or receive the summons before I proceed?

Are you certain the person was a process server?

Is this letter the first one sent about the debt?  If it isn't then they didn't have to wait before suing.  You can call a consumer attorney and run this past them.  It could be an FDCPA violation but the problem is the debt is 7x higher than the maximum payout for a successful claim.  In cases where the debt far exceeds the counter claim the JDB simply fires the law firm forcing the consumer to pursue the violation separate from the debt case or allows the counter claim and deducts the FDCPA award from the verdict they get.  It will not stop the lawsuit because the debt is higher than the award.

You do have to be served before you need to do anything else.  Watch the docket on line to make sure they do not claim sewer service.

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4 hours ago, Clydesmom said:

Are you certain the person was a process server?

Is this letter the first one sent about the debt?  If it isn't then they didn't have to wait before suing.  You can call a consumer attorney and run this past them.  It could be an FDCPA violation but the problem is the debt is 7x higher than the maximum payout for a successful claim.  In cases where the debt far exceeds the counter claim the JDB simply fires the law firm forcing the consumer to pursue the violation separate from the debt case or allows the counter claim and deducts the FDCPA award from the verdict they get.  It will not stop the lawsuit because the debt is higher than the award.

You do have to be served before you need to do anything else.  Watch the docket on line to make sure they do not claim sewer service.

 

 

They have sent me papers about the debt, but never offered me a settlement, just kept me reminding me of my balance. Another citibank account ended up in collections too and the other JDB gradually dropped the amount to 50% off. 

I read previous threads in which people shared that cavalry often sends months of statements as debt validation and the man had a lot of paper stapled  - maybe over 20 - so I thought Cavalry just got ahead of themselves. I wasn't expecting anyone at that time and noticed the man stuck for another 5 minutes, until 9pm.

 

So, one cannot do the "standing" suggested on the other thread until they are served?

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2 hours ago, magali said:

So, one cannot do the "standing" suggested on the other thread until they are served?

Standing is something you allege in your answer to the court.  Since you have not been served yet you could still send a DV letter disputing the debt but that really won't affect much you are still going to have to deal with the suit in one way or another once they serve you.  I would not file an answer to the court until you are served.

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I sent a very basic dv letter after reading the thread about it earlier today.

I got home now and found a letter in my mailbox from a debt relief attorney claiming there's a lawsuit against me from cavalry at a courthouse about 30 miles from my house. I checked los angeles superior court today and didn't find anything under my name. Then I checked the courthouse that the letter mentioned and found that Cavalry and other JDB have filed a few lawsuits there last week. Searched my name and found out they filed last week.

 

But the hearing is scheduled for next Fall!

It says : " Order to Show Cause Re: Failure to File Proof of Service and Failure to File Default Judgment Pursuant to CRC 3.740"

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58 minutes ago, magali said:

But the hearing is scheduled for next Fall!

Unfortunately in the larger counties in California the courts are very backed up even before covidiocy.  The good news is you have plenty of time to research and prepare.  

5 hours ago, magali said:

They have sent me papers about the debt, but never offered me a settlement, just kept me reminding me of my balance.

Okay, if they have contacted you before this last letter then it isn't an FDCPA violation and they didn't have to wait for a DV before suing you.  They are also not required to offer a settlement.

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