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  1. Today
  2. You need to take a look at the court case yourself and find out what happened. It could be that the lawyer slipped something past the judge. I was just talking to a lawyer about that here in Minnesota and she told me that has happened quite a bit where the court order says something totally different from what the judge said at court and it has caught her off guard a few times. If they did issue a judgement and you have proof that it was in error, you will need to file a motion to have the judgement stayed or vacated and hope you can prove that the judge signed the wrong order.
  3. Can they call you and ask you politely to pay on a debt, yes. Can they take you to court and force you to pay, no. Just tell them that you refuse to pay. They will probably try to threaten you but just laugh at them.
  4. Yes it does. I’ve included the 2 pictures of it. Do I only respond to 8 through 10, or so I also have to respond to the recitals 1-7? thank you!
  5. I have an issue that happened today. I am in the process of refinancing my house to a fixed rate . After all the paperwork it goes to the title co, I found out from my lender Midland has a judgement. This seems unlikely as Goody was at my trial where it was dismissed . The day of the trial is when it shows the judgement was filed by I guess the law student??/ Also this does not show up on my credit report. I have reestablished my credit. So what gives with this judgement?? Any thoughts??
  6. Ok guys. I mightve dropped the ball here. I filed my general denial. Sidenote, I was actually verified which is apparantly rare. I have my case management conference on wednesday and I did not file my case management statement. The opposing side did. Is there anything I can do or did I already lose?
  7. Contact a local consumer rights attorney. There are a lot of facets to these kinds of cases that would take us a lot of back and forth to get to the bottom of.
  8. There are plenty of GA threads on this site that outline how to draft a MTC for Magistrate Court. No. Magistrate Court does not allow nor require filing motions in advance. Everything is conducted on the day of trial. Don't tip your hand on this one let it play out. THIS is your biggest problem. C&W lost several MTC in cases because of this forum and now is well skilled at fighting them. Be prepared to defend what you want vigorously.
  9. This sounds like a scam. I would ignore it unless you get something in the mail or get sued.
  10. Ok so I'm finishing up my affidavit (which I know requires a notary) stating the cardholder agreement is true and correct, etc. so I can submit it along with my answer and MTC along with the cardholder agreement downloaded from the consumer protection database. In the arb forum in one of first hard cheese's threads, there is a directive as follows: "It needs to state that you are making the statements under penalty of perjury, that your statements are based on your personal knowledge of the account and records, that it was your account and that the attached agreement was in effect during the life of the account. It also needs to be notarized ("subscribed and sworn to before me") to have any effect." Since I am answering with a general denial I am afraid to say that it was my account, since that seems contradictory. Here's what I wrote. Will this work? Is it ok that it is not on pleading paper, since it is just an affidavit or is that answered by my local court rules? [court header] AFFIDAVIT I, [ ]California, MAKE OATH AND SAY THAT: The attached "GE Capital Retail Bank Section 1: Rates and Fees Table, Gap Inc. Visa Card Account Agreement, Pricing Information", Exhibit A, is a true and correct copy of the contract that governs the account from which Plaintiff's allegations arise The attached agreement was in effect during the life of the account. This statement is based on my personal knowledge of the account and records. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
  11. I believe there is a very real possibility that you could lose this case by getting sidetracked on nonsense, and I think the only person that should be offering advice here right now is @fisthardcheese. This will be my last post in this thread until the conclusion of the case. I'm going to step out of fist's way to minimize confusion, and I think everybody else should too.
  12. Yesterday
  13. I asked for proof but they needed my current address the one they have is old address. I don't know if they could send it via email.
  14. Question. Did you ask them for proof? Usually they do not keep records and an attorney can help you fight this if its gone into a lawsuit. But first you need to ask for the proof.
  15. I was a victim of a scam in 2016 which ended in Identity Theft and more. I called the police and filed a report along with identity theft report with FTC. For Two year I fought the creditors and credit bureaus. I had a law firm send a letter to Eqifax and Experian. Once they sent these letter I got notice from Rausch Sturm. This was not a coincidence. I look at my credit report and saw 3 hits on my report by Rausch Sturm. Then I provided Rausch Sturms with copies of the reports that I filed and explained to them what happened. Needless to say, Rausch Sturm still filed a law suit against me. Now, the first of which was Bank Of America. They did not provide back up to the courts. I had to pay an attorney just for this BS. The second law suit was Conns. Same thing, they filed suit. I gave them information and follow up with them every other week. I was told that they send a letter to Conns and its in review. Every week I was told this. After 3 months I knew they did not send a letter to Conns. So I filed a complaint with the CONSUMER FINANCIAL PROTECTION BUREAU. It was at this point they were forced to send a letter to Conns and Rausch Sturm copied me on this letter. Two months later they filed non-suited dismissal. They could not provide the proof. Now I am out money due to these 2 frivolous lawsuits. Where are the laws that protect the identity theft victims? I feel like I was a victim twice. Enough already. I want to know if I can file suit against Rausch Sturm for the frivolous law suit. They put me through hell and it cost me money.
  16. Hello, I have a company calling me in regards to a debt they say I owe of which I don't even have on my credit report. Does someone knows what the SOL in Florida is ? Could they take me to court ?
  17. I got served papers saying that I'm being sued by Midland Credit in Chatham County. I already filed the response under "DENY". The law firm is Cooling & Winter. It was from an old credit card bill from Synchrony Bank and they say I owe a little over five grand. My court date has been set and I want to do an MTC but I don't know the first thing about how to construct one. Are there any resources? I'm not even sure what to say or the correct format. Also, do I need to file this ahead of time? Send a copy to the lawyers office beforehand? Or is it best to just wait and let it play out in court? Any advice would be greatly appreciated.
  18. How's this for timing? I got a packet in the mail from JAMS stating they have accepted my arbitration case and have sent an initial bill to Midland for $1500. I'm assuming this isn't going to be this easy. It may be superfluous, but here is my plan right now. 1. Rewrite my MTC Arbitration on the proper paper with proper numbering, notation, etc. 2. Add the JAMS packet as an exhibit, show that I'm serious about arbitration. Per California CCP, I need to set up a hearing. The problem is the court system moves like molasses. Should I speak with the clerk, set up a new hearing, file an amended/updated MTC, and broach it with the judge at my pre-trial conference on the 10th? What would you all do?
  19. I believe in TX a General Denial covers all bases. There is substantial evidence that this particular law firm folds at the least sign of resistance, so it's possible that the "Texas Model" of asking court to permit discovery could be another approach.
  20. Arbitration is the way to go with this. File an answer denying all their allegations except your name and address, and include an affirmative defense: the court lacks jurisdiction due to the presence of an arbitration clause in the cardmember agreement. Then file a Motion to Compel Arbitration. Best arb info is here:
  21. My wife just got served by PRA saying we are being sued. We live in Montgomery County, TX. The only thing in the documentation was the Original Petition. The law firm is Rausch Sturm. The original creditor is Comenity Bank (Wayfair) in the amount of $740. I've seen a lot of posts saying that the best way to handle this is to go to arbitration. I've also seen where I'm supposed to file an answer. I guess my question is - what is the best way to handle this and what are my next steps? I appreciate the help.
  22. The affidavit of debt from Unifund for the Bill of Sales (on mine from court) states XXX is a Unifund Employee and is familiar with Plaintiffs bookkeeping. Then testifies to the assignment from Distressed to Unifund. But doesn't have anyone from Unifund that testifies the Bill of sale for Pilot. I have the exact same arguments as this case (even same state) to reference case law. Edit.... this was posted before I saw your last post. I apologize!! I will stop.
  23. I'm not going down that rabbit hole with you anymore. I stand by my previous statements, so you can go back and read them again if you need clarification.
  24. I am confused about this part though? The ownership thing. If the verbiage has now changed, didn't THIS still play a part in the overturned case? Even though original debtor wasn't a part of that bill of sale? "The second exhibit also contained two assignments between Pilot and Unifund that “fail to specify the transfer of rights in Williams’ account.” The assignments refer to “rights in the Receivables,” but the “Receivables” were likely more closely defined in a Servicing Agreement that was not admitted at trial, Riley wrote. Thus, the assignments fail to adequately establish that Unifund was assigned or had ownership of Williams’ account."
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