My question involves collection proceedings in the State of: California
OK here is my situation ill try to make it short.
Capital one credit card debt! Last know payment was 3/2009
Portfolio recovery 10/24/2011
N 10/24/2011 CIVIL CASE COVERSHEET RECEIVED -
N 10/24/2011 30 DAY SUMMONS, ISSUED AND FILED.
10/24/2011 (L) COMPLAINT FILED - PRAYER AMOUNT $10,000.00 OR LESS.
10/24/2011 DECLARATION RE REDUCED FILING FEES
11/28/2011 PROOF OF SERVICE (SUB-SERVICE) OF SUMMONS AND COMPLAINT FILED 10/24/2011 OF PORTFOLIO RECOVERYASSOCIATES L.L.C AS TO xxxxxxxxxxx, BY SUB-SERVING JANE DOE, WHO REFUSED TO GIVE NAME, CO-RESIDENT. MAILING DATE OF 11/17/11.
12/21/2011 FIRST PAPER FEE PAID BY ME
12/21/2011 (L) ANSWER TO COMPLAINT FILED 10/24/2011 OF PORTFOLIO RECOVERYASSOCIATES L.L.C FILED BY xxxxxxxxxxxxxx, REPRESENTED BY PRO/PER - PRAYER AMOUNT LESS THAN $10,000.00
12/21/2011 PROOF OF SERVICE BY MAIL OF ANSWER SERVED ON PORTFOLIO RECOVERYASSOCIATES L.L.C FILED. DATE OF MAILING 12/21/11.
After this i thought that was it to do .
12/27/2012 MEMO TO SET WITH FILE SENT TO MASTER CAL.
12/27/2012 AT-ISSUE MEMORANDUM REQUESTING COURT TRIAL FILED BY PORTFOLIO RECOVERYASSOCIATES L.L.C. TIME ESTIMATE: 01:00 HOUR(S)
02/28/2013 9:00 AM DEPT. PJ COURT TRIAL (SHORT CAUSE) TIME ESTIMATE 01:00 HOURS
I have court date 2/28/2013
What do i do now
Any help please.
From my Answer :
1. Plaintiff has failed to state facts sufficient to state a cause of action against Defendant upon which
relief may be granted
2.Defendant claims Lack of Privity as Defendant has never entered into any contractual or
debtor /creditor arrangements with the Plaintiff.
3. Plaintiffs complaint fails to allege whether or not the purported assignment was partial or complete
and there is no evidence that the purported assignment was bona fide.
thanks for any help