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  1. Today
  2. I think after everything that has happened with this case, to get them to hold off on a judgement is a huge win.
  3. Looks like it is just a standard notice of what information they intend to use in court and any names of witnesses they intend to bring. Most likely it's just part of the law firms automation process which files these things in every case after X number of days so that when the attorney shows up without knowing anything about the case, they will at least know that all of the proper documents have already been filed automatically.
  4. Just let it slide off your shoulders and not take up your time. Some people like to judge other people's lives without knowing anything about them. Usually they tend to be former or current debt collectors who enjoy lecturing people around here for "being bad" financially. You notice that this person offered no help with any laws, procedure or facts that led to you winning and improving your situation. They only have a "lesson" for you after the fact. That should really tell you all you need to know.
  5. Got an update on the online case: ‘notice that plaintiff served defendant the original of plaintiff’s rule 26.1 disclosure statement on Date” what at is that? I haven’t been served anything at all....
  6. i got served today with a court date of 6-10 Please keep me updated as to if they let u settle or do a payment arrangement i can afford 100 a month but nothing over that
  7. So I managed to get them to offer a stipulation settlement with a default clause. I don’t think I’m going to do any better than that at this point. If the worse case scenario happens and I default, I’ll be right where I am now facing a judgment.
  8. Yesterday
  9. Oh no, don't do that. You don't want to admit to any details of the acct, ownership of the account, anything that ties you to the acct. If you do that, you're giving them evidence against you and potentially a trial victory. Force them to prove anything and everything, don't help - that is the basic CA game plan and it works very well in these lawsuits because CA code places the burdern of proof on them to show that this is your debt, not the other way around Besides, the answer forms don't require you to explain anything anyway, if you'll be using the general denial it just a simple fill-in of your name on the correct line & that will deny the complaint in it's entirety (you don't have to check box #2 if you don't want to). This is a good read on CA strategy, it's from 2012 but pretty much everything still applies:
  10. There's no motion you can possibly file that will improve your situation at this point. Assuming the Motion to Confirm is to be decided on-the-papers (vs. oral argument), you can't even get a continuance, as neither you nor Zwicker is required to show up in court for a hearing. At this point, I'd call the Zwicker attorney and beg for a payment plan, or bite the bullet and send in a payment for the balance, if possible. Otherwise you are going to have a judgment against you in a few days. Not what you want to hear, but those are the facts.
  11. *Update* Still no word from the JDB, we both got our arbitration papers 2 weeks ago. I figured something would happen by now. Ill send an e-mail to the case worker tomorrow and see whats new.
  12. had a credit card from sears that was opened in 1991 - when sears was in the credit card business-. citigroup now known as citibank bought them out in 2003. would a junk debt buyer need to show bill of sale from sears to citigroup, citigroup to citibank or would citibank to jdb be sufficient, since card was used for years. this card defaulted in 2015
  13. @DEE CRESPIN Did you file an Answer to the Complaint? Did you raise arbitration as an affirmative defense in your Answer?
  14. Straight with Discover. They were at the stage where they were threatening to send it to legal. The 40% was also a 'payment plan'. I paid like 60% of it up front and the rest is over equal payments over the next 23 months.
  16. Hello all. I have looked everywhere and see a different answer every where I go. I would like to opt for arbitration. I am being sued by Midland for $1300.00. I am scheduled to attend court June 10th. I sent a letter to Midland and Comenity, on the 10th of May requesting arbitration with a NTC. Is this what is needed? Please help. Many thanks!
  17. @Red123“account+stated”&hl=en&scisbd=2&as_sdt=4,7“account+stated”&hl=en&scisbd=2&as_sdt=4,7
  18. Hello. I am in a similar situation. What happened with the case?
  19. Thank you. Also thank you for trying to point out to everyone, “You essentially opened this card up, maxed it out, made a few payments then stopped paying, prior to the one year ago period your hardship began.“ That might be how you see things, in black and white but you have no idea when the hardships actually began. People come here for help and not to be degraded and feel bad about themselves. My “hardship” began a year and a half before I started taking care of my granddaughter. I moved in with my mom to be a full time care giver for the last year and a half of her life. Do you honestly think I wanted a hit to my credit? The answer is absolutely not, but for my mother I would do it all over again Thank you for congratulating me but in the future please don’t try to congratulate someone and then criticize them in the same post, especially if you don’t know their situation. Have a great day!
  20. Further, there is no requirement that each document be described in the affidavit, and the trial court points to no authority holding otherwise. Rather, the form affidavit in Section 490.692 makes perfectly clear that indication of the number of pages attached as business records is sufficient and all that is required for the affiant to establish their authenticity as business records. this is for missouri, I need to see if something similiar applies to connecticut. this is what i am refering to when affidavit merely states "documents"
  21. one more thing, on account stated, is it possible that plaintiff would be required to provide complete accounting?
  22. usc, what do you think about computer reliability? there is case law here in connecticut - well, one case in particular - where that can be an issue for jdb.
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