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Sued Over a Credit Card, Unpaid Due to Job Loss

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  • 12-07-2013, 07:41 PM
    jmc1978
    Sued Over a Credit Card, Unpaid Due to Job Loss
    My question involves collection proceedings in the State of: California

    Hello, first time posting here. I spent a couple of hours reading other posts and got a lot of helpful info but this is all so new to me that I wanted to post my own situation. I understand that there may be similar posts but if I can get any direct help that would be great. Thank you.

    So today (12/7/13) I got what I'm sure is a debt relief scam letter from Country Wide Debt Relief. I was about to just trash it when I noticed some legitimate looking text. It pretty much said that through public records they found that a civil lawsuit was filed against me and they wanted to help, etc.

    I looked up the case # on the LA County Superior Court website and was shocked and surprised to see the case was real. Just for the record, I've never been served any papers or made aware of this case and I open every single piece of mail I get. This is the first I'm hearing of it.

    I'm fully aware of the debt. It is mine. It's about $1200 from a CC that got closed on me after I lost my job last year. I actually have every intention of paying the debt and have even had previous conversations with the collector.

    The questions I have are...

    1. Would it be wise to call up the collector and try to negotiate a payment plan/settlement at this point? Even if it's for the full amount?
    2. Do I have to contact the court in any way? And if they do agree to a payment plan or settlement over the phone do I still have to contact the court?
    3. The date of 2016 listed under Future Hearings is throwing me off. What happens in 2016?
    4. Where am I at in this stage? Do I need to call an attorney?

    Thanks so much for any help. It's greatly appreciated since I've never stepped foot in a court room in my life!

    Case Number: XXXXX
    XXXX VS. XXXXX

    Court: XXXX Courthouse

    Filing Date: 11/19/2013
    Case Type: COLLECTIONS CASE (Limited Jurisdiction)
    Status: PENDING

    Future Hearings
    11/14/2016 at 08:30 AM in department F43 at XXX
    OSC - 3.740 COLLECTIONS-DEFAULT JUDGMENT

    Parties
    Plaintiff: XXXX
    Attorney: XXXX

    Defendant: XXXX
    Attorney: None

    Histories (Dates listed in descending order)
    11/19/2013 COLLECTIONS CASE COMPLAINT FILED PURSUANT TO CRC 3.740. RN
    CHA254564156.

    11/19/2013 SUMMONS ISSUED.

    11/19/2013 SUMMONS FILED.

    11/19/2013 ORDER TO SHOW CAUSE HEARING SIGNED AND FILED BY XXX, JUDGE TO SHOW WHY SANCTIONS SHOULD NOT BE IMPOSED FOR FAILURE TO FILE REQUEST FOR ENTRY OF DEFAULT JUDGMENT PURSUANT TO CRC 3.740(F). MATTER CONTINUED FOR HEARING ON 11/14/16 AT 08:30A M., IN DEPT. F43 . CERTIFICATE OF MAILING FILED, GIVEN TO RESPECTIVE PARTIES/ COUNSEL.

    11/19/2013 DECLARATION UNDER BUSINESS AND PROFESSIONS CODE 6322.1 FILED
  • 12-07-2013, 07:52 PM
    jk
    Re: Debt Collector Filed Civil Lawsuit - Had No Idea. Very Confused
    you posted this under a different name yesterday or the day before. is that thread still active? I cannot seem to find it not recalling the user name you had.

    I recall it where you linked a picture of the actual court records. The judge was Halm in the Downey district.
  • 12-07-2013, 07:54 PM
    jmc1978
    Re: Debt Collector Filed Civil Lawsuit - Had No Idea. Very Confused
    Hey JK,

    Sorry but that wasn't me. I posted the info from the records because I saw a few other people do the same thing. Figured it was helpful if asking for information. This is my first account and post.
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