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Summons (Citation Judicial) BY Mandarich law Plaintiff LVNV


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Hello, what a start of New Year lol. I just got served today in my home and gave it to my wife while im at work. It's a summons paper that i have been sued by Mandarich/ LVNV and i have 30 days to file a written response  at this court and have a copy served on the plaintiff. A letter or phone call will not protect you.

I Have no idea of what to do and scared to death. Im living check per check and wife doesnt work then adding this will definitely bury us and probably go homeless with 2 kids.

I already filed chapter 7 on 2016 and im not qualified for another until 2024. My BK attorney said i should contact them and settle.

How come there is no court date for the summons i received? I am willing to appear in court if necessary and I dont know where to start.

The summons letter dated 12/16/2021 so am i more than 2 weeks out of 30 calendar days now?

Please kindly help, Im really lost and i have no understanding with all the papers i received.

 

 

1. Who is the named plaintiff in the suit?

LVNV Funding

2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.)

MANDARICH

3. How much are you being sued for?

DEMAND: $8101.56

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

WebBAnk

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)

At home wife received it while im, at work

7. Was the service legal as required by your state? 

Yes

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

9. What state and county do you live in?

Orange County California

10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations)

August 12 2019

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

September 05 2018 (included is a signed by me a copy of "SECTION 20 of this loan agreement and promissory note is an arbitration provision")                                                                                                                

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 B) looking it up online (many states have this information posted - when you find the online court site, search by case number or your name).

Got served today 1/6/2022

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

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?

30 Days 

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.

all i have included with summons papers is with my signature at the last page "Loan Agreement And Promissory Note" TILA DISCLOSURES

18.  How did you find out about this site?

Searched about MANDARICH AND LVNV

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Many times no court date is set when you are served. In some courts a date must be set by motion after service.  
 

 

Some of your text refers to an arbitration provision. 
 

It would be very beneficial to you to read up on the arbitration threads.  Search for them. 
 

The laws in California are very consumer friendly.  It would be very beneficial to you to search California threads and read them. 
 

It is possible for you to win this case, or at least get a favorable settlement. 

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