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  2. Answering is pretty easy. Since their complaint is unverified you can use one of the forms downloadable from the state: https://www.courts.ca.gov/documents/pld050.pdf Just fill in your name in line 1 to deny the complaint in it's entirety. If you have an affirmative defense (see nobk4me's post about Delaware's 3yr SOL) you can check #2 and fill that in. You'll need a proof of service as well https://www.courts.ca.gov/documents/pos030.pdf You'll file the originals with the court, and mail copies of each to the plaintiff. 1st class is fine.
  3. It looks like a standard complaint. When you prepare an answer, you could see if your rules allow you to answer allegations with “Defendant has insufficient information to admit or deny and, therefore, denies.” That could suffice since they didn’t provide an account number or attach any documentation.
  4. Will do brent knewston is actually a very good associate of mine. He is not actively nottaking any more "collection maters" and working mainly on BK .This federal cases are taking a" toll" on him. Wish I could ask him for help, then I would be ashamed he knows my situation. Really do not want that. I met him a a while when a friend of mine was sued by Gordon PC and he assisted her. She pushed the JDB to JAMS and then right prior to to them paying JAMS she hired Brent for BK- and I am not sure what happened after that but Gordon PC dismissed their case due to
  5. You need to read this case from the OR Supreme Court. Trying to adopt another state’s laws is not that easy. https://scholar.google.com/scholar_case?case=5310244145556434477&q=PORTFOLIO+RECOVERY+ASSOCIATES+v.+Sanders&hl=en&as_sdt=4,38
  6. Just tried again today for 30 but they stuck to their guns at 60. Charge off is today.
  7. Thank you: I agree with you on this and therefore why I am sharing everything before I give anything to other party. This are all rough drafts. I will choose 10 tops so thank you for confirming my thoughts . The list of documents looks cut and pasted from multiple sources and quite frankly most of them duplicate each other. Many courts limit how much you can ask for. Some as few as 10. You will do much better with 6-10 carefully worded requests for production of documents than that long rambling list you have now. Much of that list also reads as though it is a JDB not an OC. Yo
  8. Then the first thing you need to do is start learning the rules of civil procedure for the court your case is filed in. Especially regarding discovery. Unlike Small Claims cases at your level follow ALL the rules. If you lose you want it to be on the merits not a technicality. The list of documents looks cut and pasted from multiple sources and quite frankly most of them duplicate each other. Many courts limit how much you can ask for. Some as few as 10. You will do much better with 6-10 carefully worded requests for production of documents than that long rambling list you have now.
  9. Hi Cyclemom- hope you have been well. Both are cc and please keep in mind both are OC... I will attach the complaint for all to see I see not much is available under> Oregon so I want anyone else (who might be luckier than me) if its a JDB to learn the rules and move across easier than me. I fully understand it is harder to fight OC however does not mean I will not to either get case dismissed, or settled based on offsett. I am so thankful for you and BV80 to assist as much as you guy have.. Stay well.
  10. No sir I am not Both are over 11k and are in civil court that is why I am trying to combine and do a motion to combine both as the plaintiff and defendant are the same
  11. Djin

    Denied MTC

    State : NE Small claims court. . It’s around $6000. Thank you so much for your help.
  12. The rules of civil procedure are different from state to state, sometimes from county to county, and often differ in different courts in the same county. For example, in my state there are very strict rules as to what must be produced, IF the defendant asks for it. We don't know what state you are in, nor do we know what sort of court or what kind of money is involved. In some courts, but certainly not all, the plaintiff's next step would be to file an MSJ. If you don't defend against it, you lose. You may want to object to their MSJ on the grounds that certain evidence ha
  13. Djin

    Denied MTC

    Thanks for your reply! How can I checked if the amount that Cap 1 said that I owed is correct? Is it too late to ask them to verify the interest or any kind of fees that Cap 1 have put on the account?
  14. If I were in this situation, I would make up a balance sheet and include a copy with my tax filing and a copy with records. This way, if the audit did happen, I would have it accessible within 5 minutes.
  15. Capital One removed arbitration from their card agreements a decade ago so unless you can prove you have had the account for over a decade and can find an agreement with a severability clause, the judge is correct. At this point, Midland has enough to get a judgement so you either have to settle with them and it will be steep because they too know that they have you or start removing your name from assets is you are married and wait to see what happens with the judgement. Sorry to be the bearer of bad news.
  16. Djin

    Denied MTC

    Hello Everyone, Please I need your help ASAP. I had a Cap 1 credit card and they sold it to Midland. Midland sued me then I answered them a couple of weeks ago. They sent me a notice of discovery requests. I notified them by mail that I filed a MTC and I send them an affirmative defense: OBJECTION: lack of subject Matter Jurisdiction- Due to the arbitration clause making court not the proper jurisdiction. I had a hearing, the judge said my card agreement does not give me the option to arbitrate and he agreed with the lawyer of Midland. He told me to dispute my case with the plaintiffs la
  17. @Neveragain02 Are you being sued in small claims court?
  18. A victory is getting a settlement you can live with. I’ve lost money over the years by not taking settlements I wasn’t happy with but could have lived with
  19. Ahh, well. So first off, thanks to all the great help I got regarding this subject, it definitely gave me an idea of what I could (and couldn't do). As you guys were totally right, they were pretty predatory about the whole thing - my early offers were mostly denied and they were absolutely after a judgment. So, I will settle, but it won't be pretty ($1450). They do offer payment plans and stuff but I'm at the point where I'd rather get this cleared and out of my hair. I know for plenty this amount would be ridiculous but, if I can just have this chapter closed I'd prefer that. Some
  20. I can attest to this from experience. I was under water when I got my 1099C forms, so I didn’t pay any taxes. That raised a red flag with the IRS, so I had to send information with all my assets and liabilities to show that I was, in fact, under water. I did all the tax stuff so I could’ve kept the information from my wife. But I didn’t. We had a lot going on. Some of the debts were my cards, some were her cards and some were joint. She even had to show up in court a few times. My wife was very happy to have me take the lead in fighting off the debts, and
  21. Ummm, if you do not include that income in this year's taxes, it is going to trigger an audit by the computers. The 1099-Cs are filed with the IRS too so they know about them. You have to dispute them now, not later and that might mean discussing this with your husband.
  22. Please start a new thread and give a lot more information. Nobody can give you advice without the full story.
  23. Yesterday
  24. I think I got 4 or 5 1099c from PRA all have the same "incident date" on them...I have not told my husband anything about the debts and the 2 lawsuits (one OC one JDB, both dismissed after date set for trial-going to be writing a book or two about it) so I just put the 1099s in with the other stuff from debt collectors (have file for each) and if it comes up, then I will dispute them.
  25. Bugsy

    MTC help

    Thanks for the replies everyone. Seems to be some confusion. My case is with midland credit not the OC. Will a mutual dismissal help me out at all with my credit report? Maybe I can ask them to remove all collections from my CR
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