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View Full Version : I am fighting a debit collector lawsuit


YesSir
Nov 30, 2008, 09:59 PM
I am being sued by California Cola Inc. A debt collector company run by and owned by Attorney Collection Services Inc of Palos Verdes, CA. Both companies have the same physical and mailing address.

Their envelopes have the following misleading logo "Law Offices of Alan R. freedman", I found out that his office is in Santa Monica, CA and not Palos Verdes, CA. They use him for signatures only and he never attended any hearings. They send a local attorney to the hearing at the last minute.

I never heard of California Cola, Inc. I never had any business with them. I am representing myself. I filed an answer with the court. I do not have any law experience and I really can not afford an attorney.

Attorney Collection Services placed a negative entry and multiple hard inquires (without my permission) on my credit report. They did not validate the debt. The Trial date set for January 2009

Below is a brief summary of the pending case:

1) I received a summons. This was the first I heard of the alleged debt.
2) I sent them a request for validation letter, but they did not respond.
3) I filed my answer with the court.
4) I filed DEMAND FOR BILL OF PARTICULARS with the court.
5) I sent them a Special Interrogatories, but they did not respond.
6) I sent them a "Debt Collector Disclosure Statement" form to fill out, but they did not respond.
7) I sent them Notice of Default letter, but they did not respond.
8) I sent them "Agreement to Compromise debt" but they did not respond.
9) I sent them a "Notice of Dispute - Demand for Verification and Validation" but they did not respond.
10) I sent them a meet and confer letter, but they did not respond.
11) I filed a CASE MANAGEMENT STATEMENT with the court.
12) They filed a case management statement but did NOT send me a copy.

Please advise if there are anything else I can do or file to help me win this case. Thank you in advance for your time.

J_9
Nov 30, 2008, 10:10 PM
Let me ask one thing and then I will leave it up to the real experts, my expertise was over 8 years ago.

When you sent all of these documents to the Plaintiff, did you also send a duplicate to the Court? It is very important for you to do this.

YesSir
Nov 30, 2008, 10:24 PM
Hi J9,

No I did not. In the last hearing, I made the Judge aware of these documents and he told me to bring all my paper work to the trial.

Clough
Dec 1, 2008, 03:24 AM
Hi, YesSir!

I do have a question for you too. You don't say anything in your original question about actually speaking with someone from the debt collection company.

Have you ever actually spoken with someone from there?

Thanks!

Fr_Chuck
Dec 1, 2008, 05:07 AM
Well first while "misleading" if they keep him on retainer he can claim to have several offices, most likely he has a desk there to make it legal.

And yes they can legally use local attorneys when going to court, This is common practice.

So I guess while you have not heard of the collection firm, do you have a valid debt they are trying to collect from. Do you actually owe someone that money,

Also did you send it all certified ? Proof they received it

YesSir
Dec 1, 2008, 09:24 AM
Hello Clough,

No I have not spoken with them. All my communications to them were in writing.

Hi Fr_Chuck,

No I do not owe the alleged debt. And yes, all my correspondance were sent via certified mail with return receipt.