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  1. #1
    Join Date
    Jun 2010

    Question California Credit Card Lawsuit

    My question involves collection proceedings in the State of: California

    Hi Folks, new member here from Cali; Alameda Country to be exact. Been a lurking for a while, this site has been a great resource for my case.

    About 2 months ago I received a summon for a credit card debt that I had stopped paying. I was being sued by the CC company themselves. I don't want to get into the details on why I stopped paying, everyone have their issues.

    Here is the summary of the things that happened.
    -Got a summon
    -Filed an answer
    -Denied allegations
    -Offered settlement (while denying allegetions)
    -No response on settlement offer
    -Got a notice to appear in court for case management on 7/15

    Fast forward today, I got a letter from a new firm saying they are taking over the case. Also inculed is a signed form for substitution of attorney filed to the court. Now, this new firm, according to my research, is a collection, debt settlement debt consolidation, etc. firm. They had asked for me to respond within 30 days to admit or deny the debt (which I thought had already done so on my response to complaint) otherwise the debt will be considered valid.
    I plan to respond to their request and again deny the debt.

    Since the new firm is now considered a third party (correct me if I am wrong) and I am not sure if the CC company had sold the debt or just assigned the rest of the proceedings to the new firm, can I ask for debt validation?

    Or can I go ahead and move on with the discovery?
    How do I enter discovery phase? Do I just go ahead and send the request for production of docs, admissions and interrogatories?

    I'm sorry for all the questions but I am just stumped right now. Somehow I just cannot find answers for them and I'm hoping this community will be able to help.

    Thank you very much in advance!

  2. #2
    Join Date
    Sep 2005
    Behind a Desk

    Default Re: California Credit Card Lawsuit

    It sounds like the firm gave you a boilerplate FDCPA notice along with their correspondence. Such a notice won't have any impact on the ongoing litigation.

    A change of attorney does not change the identity of the plaintiff. I don't see why it would affect your litigation strategy.

    For the rules of discovery, go to Title 4 of the Code of Civil Procedure.

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