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  1. Today
  2. August 12 (another phone update conference) Edit: Which he did mention there is a chance he may move that up sooner once he receives the stuff he asked us to fax in. He asked me to fax the letter saying they closed the case and asked her to fax in the court order she is referring to. Which now I assume the court order she was referring to is the arbitrators orders. But I waiting to see what the letter says that she said she mailed the judge about the update of the case.
  3. Yesterday
  4. sorry, I thought I did. the card was open 4 years ago so I asked for debt validation just in case I did take it out and forgot about it. but I didn't. police won't do anything because the credit card was taken out 4 years ago and I didn't realize till I got the debt collections letter.
  5. Oh, you never said this. Why were you bothering with debt validation? Did you file a police report for ID theft? Someone clearly used your info to open a card in your name. Once you send the ID theft report to Barclay they will open an investigation and work with your local law enforcement to find the perpetrators.
  6. You didn’t say that you never took out the credit card. You simply said that you told the debt collector that you don’t recognize it. When will you upload the docs for us to view?
  7. I'm telling you I never took out the credit card why would i come on here a lie about it?
  8. Hey guys, I see that many of you have or have had a similar situation to me. I'd appreciate any insight in a new topic I just posted. Thanks!
  9. Absolutely! I am definitely more worried about 22k. Which in her email saying she sent the stuff to the court including “the email from the arbitrator” on xx date (which is the arbitrators first orders and says case xxx) and the order clearly shows the case number he is arbitrating so pretty much helps support the info the judge asked me to send. He had me send the letter I was talking about saying they closed the case and I also sent with that fax showing the receipt of the case Unifund was talking about at the phone hearing pointing out the date it was paid and how it was before the court order to pay on the 22k account. So her also sending the arbitrators order further backs up my story and not her story. But I am still going to proceed with filing sanctions with court and reply to her response with aaa.
  10. If it was me, I don't think I'd be as worried about cashing in on the case in arbitration (not that you are thinking in those terms,) as I would be about getting case in court dismissed with prejudice due their failure to comply with a court order, by not arbitrating the 22K claim.
  11. I sent that email yesterday when I was frustrated and before you pointed out I was using emotion. Then I was back on track and when I got that reply it triggered me to go right back to that angry/frustrated/overthinking stage again. Now I realize once again, emotion is throwing me off and getting me back off track with my overthinking. I will just ignore everything else and just continue to proceed how you said. I need to stop overthinking everything since it throws me off and just trust the process. Sorry again!
  12. Hello all! As the title states, I'm being sued. I'll do a copy paste and fill in the blanks. 1. Who is the named plaintiff in the suit? Absolute Resolutions Investments 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Mandarich Law Group 3. How much are you being sued for? $14,000 4. Who is the original creditor? Elan Financial Services 5. How do you know you are being sued? Picked up a Certified Letter with a surprise Summons in it. 6. How were you served? (Mail, In person, Notice on door) Mail 7. Was the service legal as required by your state? As far as I'm aware. 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? Alaska 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) 01/24/2018 11. When did you open the account (looking to establish what card agreement may be applicable)? 04/01/2014 12. What is the SOL on the debt? To find out: 3 years. 13. What is the status of your case? Suit served? Motions filed? You can find this by a) calling the court or looking it up online (many states have this information posted - when you find the online court site, search by case number or your name). "05/15/2019 Summons and Notice to Both Parties of Judicial Assignment" 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? Note: if you haven't sent a debt validation request before being sued, it likely won't help create FDCPA violations, but disputing after being sued could be useful to show the court that you dispute the debt ('account stated' vs. 'breach of contract'). No. 16. How long do you have to respond to the suit? (This should be in your paperwork). 40 Days. Picked up the letter June 7th, the date on the summons is 05/15/2019 17. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. Bill of sale for the debt, Asset Schedules, CC statement from 07/2018. 18. How did you find out about this site? Frantic internet search using "Mandarich , Absolute Resolutions Investments, sued", and here I am. I've been doing quite a bit of reading here, and man, so much information! Seems like I need to send them some type of answer asap, then I'm thinking this is leaning towards arbitration? Doing my best not to stress as I knew this was going to happen some day. I thought they would reach out and try to make a deal before hand, but... nope. Thoughts? Questions? Thank you for reading!
  13. okay, I think I am annoying everyone. perhaps because I may be asking the wrong questions. I am still plugging away. what the hay! anyways, i am posting this objection. its rough, real rough but, I am looking for any and all help. check it out, call me stupid, laugh, anything. Any help or insight is always appreciated as I am in over my head. infocreditcenter2.pdf
  14. Thank you again, BV80, for all of the insights you've provided. Your posts are what attracted me to this forum. I will respond with an answer to your question shortly. To simplify though, my question really continues to be just this: How through discovery might I obtain indisputable proof from the plaintiff named on a complaint that said plaintiff agrees that it is the plaintiff, particularly if attached affidavits smell of fakery? That the scenario is unlikely I accept now as a given. Creative ideas welcome.
  15. Hello all, I'd like to seek some assistance and advice with regards to an OC lawsuit filed against me by Barclays Bank Delaware. I live in Florida and they filed in the Small Claims Court in my county over an approximately $4,000 credit card balance. I read the following topic for advice, where I gained valuable information with regards to going to Arbitration through AAA instead of court: So far, all I've gone to is the Pre-Trial hearing, in which they attempted to mediate between myself and local counsel, who was standing in for a debt collection law firm based in South Florida. As they were holding firm at about 80% of the balance they filed for, I held firm on my denial of the debt and opted to take it to trial. A trial date was set for June, however, beforehand (but after the Pre Trial Hearing), the Plaintiff filed a Motion for Summary Judgment and I filed a Motion to Compel Arbitration about two weeks later. The trial date was turned into a hearing, which was subsequently canceled. I followed all the steps required and was contacted by the AAA Pro Se Administrator via e-mail, receiving rules, payment info, and the OC was CC'd in all the emails. I requested relief from the filing fee from AAA, as I'm unemployed, and the AAA granted my request. The law firm representing the OC then responded with the following: The next day, I saw that the matter is now scheduled for a hearing in August to rule on the Motion for Summary Judgment, but no mention of my Motion to Compel Arbitration. My motion has been sitting in the file since the end of May with no action taken on it. I think my main question is- should I be concerned that they filed the MSJ? Should I request a hearing on my Motion to Compel Arbitration or move the court to rule on it in the same hearing? Should I request a hearing date for my Motion to Compel Arbitration, then request a continuance of the hearing for the MSJ? Does it matter "who came first"? Or should I simply go to the hearing for the MSJ and mention my Motion to Compel Arbitration to the judge at that time? Furthermore, Barclays has not paid their share of the filing fee and the AAA deadline for the fees is quickly approaching. Does their default of the CC agreement give me any grounds to Motion to Dismiss? Any assistance would be greatly appreciated! Thanks guys! Oh, and edit to answer the forum questions, sorry! 1. Who is the named plaintiff in the suit? Barclays Bank Delaware 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Andreu, Palma, Lavin, & Solis PLC 3. How much are you being sued for? ~$4,000 4. Who is the original creditor? (if not the Plaintiff) Plaintiff 5. How do you know you are being sued? (You were served, right?) Court records, started getting letters from attorneys offering to represent me 6. How were you served? (Mail, In person, Notice on door) Mail 7. Was the service legal as required by your state? Possibly not, but please read above and I may be too far along into the process to use service as a defense? Process Service Requirements by State - Summons Complaint 8. What was your correspondence (if any) with the people suing you before you think you were being sued? Minimal to none 9. What state and county do you live in? Orange County, Florida 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) N/A 11. When did you open the account (looking to establish what card agreement may be applicable)? N/A 12. What is the SOL on the debt? To find out: 4 years Statute of Limitations on Debts 13. What is the status of your case? Suit served? Motions filed? You can find this by a) calling the court or looking it up online (many states have this information posted - when you find the online court site, search by case number or your name). Suit served, Pre Trial Conference Completed, Plaintiff filed MSJ, I filed Motion to Compel Arbitration. Hearing is pending. 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? Note: if you haven't sent a debt validation request before being sued, it likely won't help create FDCPA violations, but disputing after being sued could be useful to show the court that you dispute the debt ('account stated' vs. 'breach of contract'). 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? This process has already been started Here is an example of what the summons/complaint may look like: Sued by a Debt Collector - Learn How to Fight Debt Lawsuits 17. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. Affidavit, alleged CC statements 18. How did you find out about this site? Google search
  16. I don't know what else to tell you at this point. I've explained how I would proceed at least 3 times. You can proceed how you wish.
  17. @fisthardcheese So don’t know if I should have done this or not, but I did. But I emailed the lawyer and copied the case manager to ask if this response was for casexxx because the the subject line says case yyy and inside the reply said this is for case yyy. Her response was pretty much, I sent a letter to the judge with the email from the arbitration (which is the orders for case xxx) and she mailed it to me and I should be getting it soon and it will answer my question. Wtf? I did reply to both case manager and lawyer something along the lines of I am confused by her response, could you please see if this was submitted to the arbitrator and filed into this case. (I still am not seeing on aaa webfile showing the case manager uploaded it) I probably should have just not asked to begin with and just replied as if it did get sent to the arbitrator and loading into the case. But should I object or something? Or just let it go? Her reply was due yesterday which she submitted saying it’s for a different account number and pretty when I asked she pretty much said, well you will have to wait and see. I don’t know when I will get this “said” letter and I know it won’t make sense since it has nothing to do with the account in court. And my reply is due July 1. So I just sit and wait to receive her letter for a simple question?? And she is putting a different case number and responding to my brief with EVERYTHING from the other account.
  18. he said if we agree he has to send proposed order to judge. Havent signed anything yet
  19. no only 2 years old. Im judgement proof maybe thats why?
  20. I, quoted that case. I, assure you that i am no sovereign citizen.
  21. Sounds odd that they'd take payments in any amount. Are you sure this account hasn't passed statute of limitations?
  22. It’s a common practice usually called a stipulated judgment. If you choose to take him up on the offer, get all the details in writing before you agree and sign anything.
  23. Guys i need opinions. Got a call from JDB lawyer and we talked about options. One that i was thinking about is a consent or stipulated judgement. They will settle for 40% of amount with what ever monthly payment i set until its paid (no length of time) and will not file it unless i default on payments. What you guys think?
  24. Hi So, I don't have documents. They have an alleged contract and I don't. They have a spreadsheet, I assume from Bank of America, and I don't. They claim they own this specific account, although bill of sale only references an "offering". How do I refute that in an affidavit? So according to statute 52-180 in Connecticut the business records acception to hearsay rule. The business records need to be created and maintained in the ordinary course of business otherwise, I believe they are considered hearsay. If they are electronic, which they are, then they must also declare that computers are reliable. In my case, they make no mention of "business records" they refer to "exhibits" being true and correct. Also, in Connecticut, there is caselaw where it states that "the onus is on the moving party to provide evidence that there is no genuine issue of material facts and if they cannot it is not Required that non-moving party provide any evidence or affidavits. So what I'm getting at is I would hope that I can strike this motion for summary judgment by the affidavit not stating anyting about records being made in the ordinary course of business therefore they have not proven that there is no genuine issue of material facts and I would not need to provide an affidavit or any other type of documentation. Is my thinking wrong? Weak? I feel like they have nothing solid.
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