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Showing content with the highest reputation on 09/19/2012 in all areas

  1. Absolutely it still applies. Midland is a JDB. Junk Debt Buyer. As such,, when they but any debts, the agreements that were provided by the OCs .. original creditors... become the agreements that the JDBs are to use. Therefor the choice of law would be DE. Because that is the choice of law when the account was defaulted on and during the time Chase had this account. Now in answer to the above other questions part 2. Also what is the difference between these 2 phrases? Defendant lacks knowledge about the truth in paragraph # and is unable to admit or deny these allegations. Defendant has insufficient information and is unable to admit or deny the material allegations contained in paragraph # of Plaintiff's complaint. Defendant lacks knowledge , simply put, means that you have no idea about what they are talking about. Example... I come up to you and say to you the Spot was chasing a red ball. and then ask you if you don't agree. You should ... in semi-legal jargonese... (that is not a real word... I made it up) reply. You lack knowledge about the truth because there simply is no way for you to know that unless you were an eye witness. Defendant has insufficient information , simply put, means you need to find out more, or have more information given to you in order to agree with the statement. Example... I come up to you and say to you the Spot was chasing a red ball. and then ask you if you don't agree. Now if you know for a fact that Spot does chase balls. And earlier you did see Spot running but did not know what he was running after then you should answer You have insufficient information because you have no proof that Spot was chasing any ball, and you certainly donm;'t have proof the ball was red. As to admitting or denying in a summons. If they were to say that defendant owes XYZ company $ 2,847.16. How did they get to that exact figure? Unless they provided every single billing statement from a zero balance and the accounting method with the summons, this cannot ever be admitted to because the defendant has not been given anyway to determine the proof. Even if you want to say yes. I own this you cant cause you cannot be sure.
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