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  2. Harry Seaward
    The date of first delinquency (DOFD) is what is used to start the clock for when the item must be deleted. The DOFD is when you first went delinquent (first missed due date) and never brought the account current again. It should come off 7 years +30 days from whenever you made your last payment. They can't count the amount they applied as a "payment".
  3. Harry Seaward
    We can't tell you how to answer without seeing what they are asking for.
  4. Harry Seaward
    They likely won't need a hearing to win a motion for summary judgment. These guys win 80% of contested credit card lawsuits without setting foot in a courtroom.
  5. Brotherskeeper
    @cedric_86 What is your deadline to file your response to this MSJ?
  6. Today
  7. Brittney cline Brittney cline joined the community
  8. SC29408
    I have read a lot on here and there is a lot of great information, thank you! 1. Who is the named plaintiff in the suit? Unifund 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Sessoms & Rogers 3. How much are you being sued for? Sessoms & Rogers - ~$2800 4. Who is the original creditor? Sessoms & Rogers - Capital One 5. How do you know you are being sued? Served a summons 6. How were you served? In person 7. Was the service legal as required by your state? Yes 8. What was your correspondence (if any) with the people suing you before you think you were being sued? None 9. What state and county do you live in? South Carolina / Charleston 10. When is the last time you paid on this account? Sessom & Rogers - 3/27/17 11. When did you open the account (looking to establish what card agreement may be applicable)? 1/2013 12. What is the SOL on the debt? To find out: 3 years 13. What is the status of your case? Waiting my response to summons 14. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) No 15. Did you request debt validation before the suit was filed? No 16. How long do you have to respond to the suit? (This should be in your paperwork). If you don't respond to the lawsuit notice you will lose automatically. In 99% of the cases, they will require you to answer the summons, and each point they are claiming. We need to know what the "charges" are. Please post what they are claiming. Did you receive an interrogatory (questionnaire) regarding the lawsuit? 1. I am who they say I am, name/current address. 2. I open an acct with Cap 1 in 1/2013, I used the card, Acct was charged off 10/2017, Cap 1 assigned debt to Unifund, The case was brought within SOL, the amt of credit is ~2700 based on affidavit, they are due all assesment of charges on acct, I received Notice of Consumers Right to cure, 3. They believe they are entitled to the amount above plus $80 dollar filing fee, and are requesting judgement with 8.75 interest from date of judgement. 17. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. Just an affidavit from a person working for Unifund, nothing else. This is in small claims court here in this state and it appears easy enough to file with the court since they gave me a form letter to fill out mad lib style to protest this. Now my main issue is I don't want a judgement against me, and will pay this if need be. I was in a bad state when this all happened but have thankfully recovered. Just happened Cap 1 sold just before I could get it resolved with them, and these guys are not fun to deal with. I think the most I have gotten them to come down on a settlement offer is 15%, I am hoping for something closer to 50%. I do realize SC is pretty good judgement wise, I am judgement proof atm but probably wont be within a few years. My question is this just because of the whole COVID thing and my court not scheduling any court dates or hearing them according to the county clerk, is my best defense to buy myself some more time with them to just deny the amount as factual? Its just a signed statement that they owe the date and the amount of it, in reality I have no idea how accurate their records are and if they even own the debt they allege to own. It seems like some real BS. Or do I completely deny it. Any advice would be great.
  9. Harry Seaward
    Yes.
  10. YOLO YOLO
    Money demanded by who? By the original creditor back in 2014? If the Junk collector supposed to demand for payment before they filed the case they never did. I never talked to them over the phone. EVER. One day, somebody showed up in my front door and served me with the suit. When should I have disputed the debt? Sorry to bother you with so many questions.
  11. Harry Seaward
    This won't count. You would have to show that you disputed the debt when they sent the demand for payment.
  12. YOLO YOLO
    When? After you are sued is too late. I denied to the debt on my Answer.
  13. Harry Seaward
    When? After you are sued is too late. They only need to demonstrate knowledge of the records after they are incorporated. This will fall under "adoptive business records doctrine".
  14. YOLO YOLO
    Well, I denied the debt was mine based on the documents they provided so I did not agree to pay or promise to pay. Card statements didn't show I made any payments nor that I made any purchases. Plan A will be fighting the unauthenticated documents they provided and the bogus Bill of Sale and made up attachments in blank paper (prepared for litigation purpose....). I doubt anybody from the OC will show up as a witness but I'll be prepared for that. I know what to ask and what not to ask. I am not worry about the Junk Collector own witness. I read that they could drop the Money Lent action. If they do it during trial, can I turn in a Motion to Limine and ask the judge to dismiss the case because they failed to comply with discovery when I requested the full account under Money Lent? Just because the cause is dropped now doesn't mean that what they did during discovery was correct. Right? Exploring into the Money Lent cause is something extra that I was considering, not my main defense. ONE MORE THING. Can you explain to me how the "FIRST-HAND KNOWLEDGE" apply? The expert witness does not need to have first hand knowledge of the account or they do? Thanks for your info.
  15. Debralove02

    Hi can you give any advice or point me in the correct direction to file a MTC for arbitration 

    also i was mailed interrogatories....

    should I answer and file? 
     

    thanks for all that you do ! :) 

  16. Wilda Witt Wilda Witt joined the community
  17. Brotherskeeper
    @SJULawAlumI'm sending a pat and a high five--from the appropriate social distance of course!
  18. Debralove02 started following How to Answer Interrogatories In New York
  19. Debralove02
    Hi all, i recently received mail from LVNV Funding asking me to answer questions can someone help me out? How should i proceed? Does anyone have sample responses?
  20. Debralove02 Debralove02 joined the community
  21. Harry Seaward
    "The essential elements of an account stated are: (1) previous transactions between the parties establishing the relationship of debtor and creditor; (2) an agreement between the parties, express or implied, on the amount due from the debtor to the creditor; (3) a promise by the debtor, express or implied, to pay the amount due." https://scholar.google.com/scholar_case?case=4645263204162350065 Caselaw for a "money lent" cause of action is pretty sparse, but it appears that it's treated as a common count in CA, and the elements are "(1) the statement of indebtedness in a certain sum, (2) the consideration, i.e., goods sold, work done, etc., and (3) nonpayment." https://scholar.google.com/scholar_case?case=29608538427428913 Multiple/alternate pleading is allowed in California. Under Account Stated, they are not obligated to provide a complete accounting of all debits and credits, so they can just abandon their Money Lent cause of action if the court determines "the consideration" requires a complete accounting. If you didn't dispute their demand for payment, it will likely be determined that your silence was an implied agreement of the amount due and promise to pay.
  22. Harry Seaward
    Give some more info on this. How many debts total? What types of debts? Are these debts charged off? Who is reporting the debts on your credit report? The reason I'm asking is that typically, paying off debts that have been charged off won't help your credit score much. If the accounts are still owned by the original creditor, and they are the only one reporting the debt, paying it off means they will report $0 owed. If they have charged off the debt (but not sold it), the charge-off status will still keep your score low for a while, despite the $0 balance reporting. These are just a couple of examples. There are lots of possibilities, and more info is needed to really give you a more accurate answer.
  23. Just Joe started following Raising Credit Score?
  24. Just Joe
    I have about maybe $3000 of credit in collections currently...my score is around 540. My goal is to get back up to at least 640 again. The only open account I have is my auto loan. I've been getting some settlement letters from former creditors,however I'm only in a place financially right now for smaller payments rather than lump sums. One of the settlement letters stated that even if I make smaller payments it would not count on my credit score...so,do I try for a consolidation loan or what?
  25. Just Joe Just Joe joined the community
  26. cedric_86
    So, it appears the part about the Arbitration is just their response to the Motion to Compel that they combined in the same document as the MSJ. So, the bigger issue is the fact that they say the general denial is not SUFFICIENT to raise a general issue of material fact. I do not understand how they say in my Answer I failed to deny the allegations stated in the claim, when I gave a general denial and stated: asserts a General Denial: I deny each of the Plaintiff’s allegations in the Complaint. I tried looking for case law regarding arbitration clause being considered genuine issue of material fact, but not so lucky. There is one count listed in the attached Affidavit of Debt, that the statements are based on personal knowledge and review of the business records of Barclays, which were maintained by them in regular course of business, and provided to client. I'm not sure what documents or affidavit I could provide to object (since it can't be based solely on my denial) I also noticed it has been 30 days and no ruling on my MTC (the court said no hearing needed). There is a RCP about moving to Superior Court to have a special judge appointed. Of course with the virus, courts are not fully operating and I can't get anyone on the phone. I appreciate your help. Additionally, I will submit my admissions and interrogatories and object due to pending MTC. (You should be able to see throughout this thread, my Answer, their response/MSJ, and my proposed Objection to MSJ)
  27. YOLO YOLO
    YES. 1) Account Stated. 2) Money Lent. California case. Under $8000 debt. Plaintiff is a Junk Debt Collector not the OC. I was specific on my Bill of Particulars request and asked for the whole accounting (zero to charge-off). They ignored me and claimed that under Account Stated they dont have too. Not a single word about Money Lent. Thank you.
  28. Zeljka411
    Hi, I had a car repossession in 2014. The account was opened on 2013. The last payment shown on my credit report is 07/2014 (I believe that this is a payment they applied after they sold the car). The account shows closed on March 2014. There has never been a judgement filed or any other collection activity that I am aware of (no collections on my reports). The last balance reported was on that is 07/2018 (almost 2 years ago). Would this be falling off my credit sometime in 2020? Should I dispute this account after July 2020 or just let it be. Thanks for any suggestions.
  29. BV80
    Is “money lent’ the cause of action stated in the complaint?
  30. Yesterday
  31. YOLO YOLO
    Its OK if you dont know about Money Lent either. That was my question for the forum. Thanks for your comment.
  32. YOLO YOLO
    YES.
  33. BV80
    Is this a credit card debt?
  34. BackFromTheDebt
    This depends on the state. In Wisconsin, the plaintiff must provide an accounting from zero balance to the current balance, certified by someone with knowledge of the account, if requested by the defendant. That means whatever the judges say it means. I had a very pro-consumer judge throw out the affidavit from Crap1 because it was signed by a “legal support specialist “, and the judge ruled that such a person did not have first hand knowledge of my account. Crap1 abandoned that case. No NDA so I can talk about that case. Later, some bigger judges ruled that the accounting requirements only applied to OCs and not to JDBs. So, amazing but true, there were suddenly a lot more OCs selling accounts to JDBs in Wisconsin. Would a strategy of demanding accounting to zero balance work in California? I don’t have an answer to that. It would take some homework on the part of the defendant
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