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Being sued by Debt Collector over fraudulent debt

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cwin

Junior Member
What is the name of your state (only U.S. law)? California (CA)

Using Jane Doe for my GF's name.

Trying to keep as much personal info out of this as possible. Here's the premise...Someone came to our house to serve papers for my girlfriend...pounding on the door yelling delivery and kept pounding. I frantically took care of the dogs as they go crazy when people knock on the door, let alone pound and scream, I threw on a shirt and ran down to the door to open and immediately had some dude with a badge shoving papers in my face.

I don't remember the conversation word for word as my brain was still trying to figure out what was going on.

He asked if Jane Doe was home and I said "No, she isn't here", so he gave me the papers and said they were for her. I took them. I don't recall if I signed anything. As he was walking away he asked for my name, which I told him my first name. I was reading the papers and he asked me some other question and I just kind of shooed him away saying "yeah yeah". After he left I realized he had asked me if I had the "same last name?". Which it isn't...But probably doesn't really matter.

The papers are for a debt being collected from my GF, it's for around $2,000, a debt she was not aware of as the bank it is from she had never opened an account with. The problem is, we have no way of proving that it isn't her debt. She doesn't have any evidence that she did not live at the address it was opened with at the time it was opened. When we try to call the bank to get maybe a print out of the charges to the card or application information, they won't give us any information about the account since it is now owned by the debt collector. When we call the debt collector they told us they can't give us any information since papers were served. The only people we haven't called is the law group representing the debt collector. But we are too afraid of calling the law group because we don't want to say anything that could be used against us. We believe we know who opened the account, but again, no evidence, and I don't want to reveal much more information than that publicly online.

They served the papers on Feb 17th, and the paperwork says she has 30 days to respond to the court. Assuming they count the 17th as day one, that means she has till Mar 18th, and if the courts are closed on the weekend, then I would guess that means she has till the 17th??

Neither of us have any experience at all whatsoever with this sort of thing and it's certainly unexpected.

I am going to read through other posts to look at the advice that has been given to similar questions, but I am posting this as well in case there is any case specific information that would be beneficial to us.

To be honest, I don't even know what to ask because we don't even know where to start.
 
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adjusterjack

Senior Member
There's no "we" in this. It's your GF's lawsuit. She was properly served by leaving the papers with an adult at the same residence.

She can start by going online where there are resources about responding to a lawsuit for a debt.

https://duckduckgo.com/?q=california+responding+to+a+lawsuit+for+a+debt&t=ha&ia=web

Once she files an answer with the court and sends a copy to the plaintiff's attorney she can engage in discovery where she request documents from the attorney for the plaintiff.

https://duckduckgo.com/?q=california+discovery+during+a+debt+lawsuit&t=ha&ia=web

Another thing she should look into is when the alleged default date was and see if it is within the 4 year deadline for filing a lawsuit (CA Civil Code 312)
 

Zigner

Senior Member, Non-Attorney
There's no "we" in this. It's your GF's lawsuit. She was properly served by leaving the papers with an adult at the same residence.

She can start by going online where there are resources about responding to a lawsuit for a debt.

https://duckduckgo.com/?q=california+responding+to+a+lawsuit+for+a+debt&t=ha&ia=web

Once she files an answer with the court and sends a copy to the plaintiff's attorney she can engage in discovery where she request documents from the attorney for the plaintiff.

https://duckduckgo.com/?q=california+discovery+during+a+debt+lawsuit&t=ha&ia=web

Another thing she should look into is when the alleged default date was and see if it is within the 4 year deadline for filing a lawsuit (CA Civil Code 312)
And all of these things need to happen quickly, otherwise the creditor will win by default.
 

cwin

Junior Member
There's no "we" in this. It's your GF's lawsuit. She was properly served by leaving the papers with an adult at the same residence.

She can start by going online where there are resources about responding to a lawsuit for a debt.

https://duckduckgo.com/?q=california+responding+to+a+lawsuit+for+a+debt&t=ha&ia=web

Once she files an answer with the court and sends a copy to the plaintiff's attorney she can engage in discovery where she request documents from the attorney for the plaintiff.

https://duckduckgo.com/?q=california+discovery+during+a+debt+lawsuit&t=ha&ia=web

Another thing she should look into is when the alleged default date was and see if it is within the 4 year deadline for filing a lawsuit (CA Civil Code 312)
Yes, I know, there is no "we", but I'm helping her with this whole process, so I may not be directly affected by all of this, I'm helping her with making phone calls, doing research, etc. So that's why I used "we" occasionally.

She's already working on the response and found some PDF forms that she can fill in.

So when being served it doesn't have to be given directly to the person? I don't know anything about that process. As long as it's an adult at the same residence, that counts?

I'll look into that 4 year deadline thing, that actually might help as I think it's been more than 4 years.
 
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Zigner

Senior Member, Non-Attorney
So when being served it doesn't have to be given directly to the person? I don't know anything about that process. As long as it's an adult at the same residence, that counts?
That is more or less accurate. There are exceptions, but they don't apply to you.
 

cwin

Junior Member
So, not sure if this is a dumb question...but what is the best and worst case scenario? I feel like it's obvious....worst case you pay the money, best case you don't.

But I'm kind of hoping for more details than that. Looking at the default date it looks like they filed the suit within a couple months of the deadline, perhaps that's why they filed it in the first place. So it doesn't look like that is in our favor.

What sort of outcomes can we (she) expect? Since it's a fraudulent debt and has no proof, is she pretty much screwed and will most likely end up having to pay the debt?

Do we have any chance of getting the case dismissed?
Do we have any chance of working out a deal for paying only a portion of the debt? Or are we past the point of no return for working out a deal?
 
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adjusterjack

Senior Member
So, not sure if this is a dumb question...but what is the best and worst case scenario? I feel like it's obvious....worst case you pay the money, best case you don't.
That's only part of it. Depending on the type of account (which you haven't said) and the terms of the contract, she could also end up paying the plaintiff's attorney fees which could end up in the thousands.

But I'm kind of hoping for more details than that. Looking at the default date it looks like they filed the suit within a couple months of the deadline, perhaps that's why they filed it in the first place. So it doesn't look like that is in our favor.
Filing within the 4 year SOL is definitely not in her favor.

What sort of outcomes can we (she) expect? Since it's a fraudulent debt and has no proof, is she pretty much screwed and will most likely end up having to pay the debt?
No way to answer that until she engages in discovery and gets their documents.

Do we have any chance of getting the case dismissed?
No. Not unless the plaintiff agrees to it. See next question.

Do we have any chance of working out a deal for paying only a portion of the debt? Or are we past the point of no return for working out a deal?
There is always a chance, at any time, of negotiating a payoff to get the lawsuit dismissed but she'd better have 60% to 80% of the amount claimed, in cash, to offer as a lump sum discounted settlement. Plaintiff's don't want to hear payment plans once they've already incurred the cost of starting the lawsuit because they can get payments right out of her paycheck once they get a judgment. If she want to offer payments, she will have to offer more than the amount that they can get from wage garnishment.
 

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