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Showing content with the highest reputation on 08/11/2014 in all areas

  1. 2 points
    The attorney did ask me like 3 times if I was a lawyer, she couldn't believe based on my brief I wasn't an attorney. Thank you CIC!
  2. 1 point
    Hey guys i filed everything correctly and they set a court date for 07/15. Midland just sent me a request for dismissal (CIV-110) but without prejudice. Any advice what this means and what steps i should take? Thanks for all the help guys.
  3. 1 point
    Just my opinion but I would answer these this way: 3. You contracted for and received credit from GE/PayPal, on the terms set forth in the document or documents attached hereto. Each document attached to these requests is an authentic copy of an original. These documents are as follows: a. Statement, account ending in XXXX, Payment Due Date: 07/07/11, 3 pages, b. Statement, account ending in XXXX, Payment Due Date: 01/15/12, 1 page. OBJECTION: Defendant is not a qualified expert as to the records of the creditor as alleged in the complaint and therefore unable to testify to the authenticity of the documents provided by Plaintiff. 4. You resided at the address listed on the above mentioned documents on the dates reflected on the documents. ADMITTED: Defendant has resided at 1313 Mockingbird Lane from xx-xx-year until present or last date of residence. 5. You received copies of the documents listed in Request for Admission #3 by United States Mail. DENIED. Defendant has never received copies of the documents listed in Admission #3. 6. The copies of the statements referred to in Request for Admission #3 and attached to these requests are identical and unaltered copies of the documents you received by United States Mail on or about the listed statement date(s). DENIED. Defendant has denied receiving any copies of alleged documents and is not a qualified expert to authenticate that the documents are identical unaltered copies. 7. You never complained or notified the United States Post Office that you were receiving mail that did not belong to you. OBJECTION: Irrelevant to the complaint as filed. Defendant may have received mail that did not belong to them but would have marked it return to sender and is not required to notify the United States Post Office of errors in delivery. 8. You never complained or notified the United States Post Office that you were not receiving mail at your residence. OBJECTION: Irrelevant to the complaint as filed. Defendant does not recall every instance of possible missing mail therefore would have no reason to notify the US Post Office of errors in delivery. 9. You never notified or complained to Asset Acceptance, LLC/GE/PayPal that you believed you were receiving account statements for an account that did not belong to you. OBJECTION: Defendant has no legal obligation to notify Plaintiff or creditors of their errors in sending account statements to the wrong consumer. 10. The revolving charge account (credit card) with GE/PayPal, referred to above, was opened on 09/19/2007. DENIED: Plaintiff has provided no proof that Defendant has ever opened an account with GE/PayPal. 11. The revolving charge account (credit card) with GE/PayPal referred to above, was charged-off on 01/12/2012. DENIED: Plaintiff has provided no credible proof or reliable evidence by which Defendant could reasonably be expected to answer. 12. You last made a payment on the revolving charge account (credit card) referred to above on 06/07/2011. DENIED: Plaintiff has provided no credible proof or reliable evidence by which Defendant could reasonably be expected to answer. 13. As of this date, you do not have any evidence of a payment made since the date of the charge-off, said date being 01/12/2012. ADMITTED. Defendant denies ever making a payment before or after the account as alleged in the complaint was charged off. 14. You used the revolving charge account (credit card) with GE/PayPal to purchase goods or services, or to obtain cash advances. DENIED. Plaintiff has submitted no evidence that Defendant personally used any such account and is responsible for the alleged debts to the Plaintiff. 15. You never disputed in writing, any charges on the revolving charge account (credit card) with either GE/PayPal or plaintiff. ADMITTED. Without waving any defenses Defendant denies using the card as alleged in the complaint therefore would not have disputed any charges. 16. You agree that you owe the plaintiff the amount alleged in the complaint that was filed on 07/10/2014. DENIED. Defendant has never entered into any contract or credit agreement with Plaintiff for any goods or services. Discovery and trial preparation are ongoing and to date Plaintiff has provided no evidence by which Defendant could reply with anything other than an unqualified denial. 17. Plaintiff is the real party in interest and the correct party to bring suit. DENIED. Defendant has never entered into any contract or credit agreement with Plaintiff for any goods or services and therefore would not be a real party of interest. Discovery and trial preparation are ongoing and to date Plaintiff has provided no evidence by which Defendant could reply with anything other than an unqualified denial. INTERROGATORIES 1. Provide your full name, last four (4) digits of your social security number and date of birth. ANSWER: Herman Munster. OBJECTION: social security number and date of birth are irrelevant to the complaint as filed and immaterial. 2. Provide each address at which you resided during the last six (6) years. ANSWER: Defendant currently resides at 1313 Mockingbird Lane from (date) until present. OBJECTION to prior addresses as irrelevant to the complaint as filed 3. Did you have a revolving charge account (credit card) with GE/PayPal? ANSWER: 4. Did the revolving charge account (credit card) with GE/PayPal have a number of XXXXXXXXXXXXXXXX? ANSWER: 5. Did you use the revolving charge account (credit card) with GE/PayPal to purchase goods or services, or to obtain cash advances? ANSWER: 6. Did you ever dispute, in writing, owing any amounts to GE/PayPal, as it pertained to charges on the revolving charge (credit card) referred to above? If your answer to this Interrogatory is “yes”, attach a copy of every written dispute to your answers to these Interrogatories. ANSWER: 7. State the date and amount of every payment you have made since the date of charge-off, said date being 01/12/2012. ANSWER: OBJECTION: Overly broad and burdensome. Defendant lacks documentation in their possession by which they could reasonably be expected to answer. 8. Did you receive the account statements attached to Plaintiff’s First Request for Admissions by United States Mail at the address listed on said statements around the date listed on the statements? ANSWER: DENIED. 9. Were the account statements attached to Plaintiff’s First Request for Admissions unaltered, true and accurate copies of the statements you received by United States Mail around the dates listed on the statements? ANSWER: OBJECTION: Defendant is not a qualified expert as to the records of the alleged creditor as alleged in the complaint and therefore unable to testify to the authenticity of the documents provided by Plaintiff. 10. If you answered in the negative to Interrogatory No. 3 or 4, please explain why statements were sent to your address bearing your name and address. ANSWER: OBJECTION. Defendant is unable to testify as to the intent of the actions of a third party. 11. If you answered in the negative to Interrogatory No. 8, please explain if you notified the United States Postal Service or GE/PayPal that you were not receiving mail at the address at which you resided. ANSWER: Defendant had no reasonable fact pattern or legal obligation to notify the US Postal Service of potential missing mail. 12. If you believe that you do not owe this debt as alleged in the complaint, please explain your defense, dispute, allegation, or legal contention you intend to assert in this matter. ANSWER: Plaintiff has provided no credible or accurate proof that Defendant is legally responsible for the debt as alleged in the complaint or that they have legal standing to sue as the true party in interest.
  4. 1 point
    @jessarox Don't assume that the JDB's dates and "facts" are correct. The first thing I'd do is check my bank records to see if I made the payment they claim was made on 6/06/2011. Then I'd check my records for the phone payment. If those payments are not reflected, you can deny them. If they are reflected, you might state that "After a reasonable search, Defendant has insufficient information to admit or deny. Without waiving the foregoing, Defendant denies." Since the credit card statements showed no charges, that same response could apply to admission requests 1, 2, and 3, for example. 5. Do you remember receiving them in the mail? If not, deny. 6. Inasmuch as Defendant has denied receiving copies of the documents listed in Request for Admission #3 by United States Mail, Defendant denies.
  5. 1 point
    If you were never served (even though the online docket says personal service was done), you should be able to get the judgment vacated. The plaintiff, Razor Capital, is, as far as I know, a JDB. So if you get the judgment vacated, you should be able to beat them, if you do a lot of reading here. I would NOT try to arrange any payments with the JDB or their attorney. I would suggest that you contact a consumer attorney, as you may be able to sue the JDB and the attorney for violating your rights with "sewer service."
  6. 1 point
    NO. Clerical errors are corrected by amending the documents not a dismissal. Evil Knevil could not make that leap. You need to answer the suit and prepare to fight. The mis-spelling is a non-starter for dismissal or leverage.
  7. 1 point
    So I went to court today. The Plaintiff had sent a new attorney I have never met before. She tried to settle, I declined. She didn't even have the whole file, but her whole argument was I didn't deny and that I simply said I didn't have information and belief to say either way. I started by stating that the Plaintiff didn't provide proof of assignment, nor proof of how the balance was computed, and none of their documents were authenticated and were hearsay. I asked the court to deny their motion because they haven't proven they own the debt, nor the amount owed. The judge then excused himself for like 20 minutes. Talk about nerve wrecking. The judge came back and asked Plaintiff about their Chain of Title and how it is they didn't submit proof of my actual account. The Plaintiff had an excel spreadsheet and was stating it was in the file, but it wasn't, she went to go show it to the Judge, but he declined to see it stating the Defendant hadn't seen it. The judge was reading my discovery requests and their objections (THANK YOU @BROTHERSKEEPER) and said they must submit to me proof of assignment (the excel spreadsheet she had in her hand). He then was about to wrap it up and was going to say that once they do, he will have no choice but to rule in their favor unless I object (he recommended a 3rd amended answer to complaint with straight denials). The Plaintiff made a mistake in my opinion, because the next words out of her month were "Your Honor, just to be clear, you want Plaintiff to provide only request #3 (the rest of the assignment) to the Defendant?" He said yes and then I immediately asked for the account agreement and the remaining credit card statements to show use. The judge ordered the Plaintiff to give me ALL of my 3 requests, adjourned the decision until September 23rd, and said they must give me the required documents in two weeks. He then said once I receive these documents, to submit my 3rd amended answer denying with an affidavit. (I really don't believe he read my brief, nor my actual complaint, because what he was asking me to do is already in the file). Make a long story short, I consider this a win. Lets see what the Plaintiff provides now in their 2 week window.
  8. 1 point
    Somehow I think you are very confused. I simply asked for a copy of a document. It is a simple yes or no request. I am not inserting any issues to the thread. Your comments are a complete distortion of my request. So, we should both get off the owner's thread with these non-germane comments, and let others focus on the case at hand.
  9. 1 point
    @Clydesmom...If I am not mistaken GinnyCoonRod started this thread. And I am NOT hijacking it. I am here for the same reason as others...to learn, SHARE, seek advice, research and direction. As well, if I am not mistaken, this is a California case, so it may not totally relevant for a Michigander. Best Regards.
  10. 1 point
    It is going to be very difficult for Midland to prove the assignment in this case. Since affidavits are not permitted at trial unless allowed by a specific statute (such as CCP 98), it will be very difficult for them to prove the transfer from HSBC to Bureau’s Investment Group III. Plus, it appears there may be a missing transfer. You noted that Bureau’s Investment Group III received the transfer from HSBC. But "Bureau’s Investment Group Portfolio No 15 LLC" assigned to Midland. Where is the assignment from Bureau’s Investment Group III to Bureau’s Investment Group Portfolio No 15 LLC?
  11. 1 point
    Nice!! File an MC-010 if you incurred any costs and keep them from suing again