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Showing content with the highest reputation on 08/29/2016 in all areas

  1. Thanks JohnDubar! Actually we're in the same boat... I'm learning as my case is going on thanks to the experts on this site and doing my own research on the side. I'm putting this Post together because when I initially started out, the info was there and available but it seemed really scattered around and this made things difficult for me to piece it all together and get started addressing the Summons and Complaint. To answer your question, my thought is get the stuff out ASAP before the end of the 30 day mark... but, I'm not the expert... best to put the question to the Board Experts and hope
    2 points
  2. Unfortunately with Discover being an original creditor, beating them in court is a long shot, at best. I would suggest going the arbitration route. Otherwise you might need to try settling with them or if you have other debts, file bankruptcy. An attorney might be able to negotiate a better settlement than you can get on your own but whether you want to pay an attorney for that or not is up to you.
    2 points
  3. the General Denial (Answer) must be filed no later than 30 days from the date summons was served. the BOP can be served before or after you file your answer. The BOP does not get filed in court.
    1 point
  4. Hi everyone! Is there any Expert who can give JohnDunbar an answer to his question?
    1 point
  5. They could have bad information, could simply be lazy, or they might think they're covering their bases. If they argued that BofA is the OC, a defendant could actually argue that the plaintiff doesn't have proper knowledge of the account because the account was not opened with BofA. If CACH opposes the MTC, it's going to depend upon their argument as to what evidence needs to be provided.
    1 point
  6. So, the list of steps look like this so far; 1. Was served at home with the Plaintiff's, Portfolio Recovery, Summons and Complaint. 2. Noted that the Summons mentions the Amount of Time I have to respond. 3. Noted the Complaint mentions Limited Civil and the Amount I'm being sued for. 4. Noted the Summons and Complaint packet is divided into several parts; 1) the Summons. 2) the Complaint. 3) the Exibit. 4) the Statement of Location/Venue. 5) the Civil Case Cover Letter. 6) the Alternative Dispute Resolution (ADR) Info Package. 5. Thoroughly read and researched ev
    1 point
  7. I have noticed recently that Ads appear in some of my posts (and posts of others as well). I want to make it clear that, unless I specifically so state, I do not endorse any of the law firms, credit monitoring services or other advertisers on this site. These Ads are placed here by the site, not by me. Kristy and Mods, if there is a way to make the Ads appear on the side as opposed to within a given post, I think that would avoid any impression that the service is endorsed by the poster.
    1 point
  8. Greenwood is more recent (2012), and mostly echos Concepcion except that it goes even further to say that arb and the FAA trumps not only state law but federal law as well, so no matter what the FL or any federal statutes on arb says, the SCOTUS says that arb in a contract overrides anything to the contrary.
    1 point
  9. Looks like my last post got lost somehow. A couple years back I beat Patenaude & Felix for a Target card and beat them with the help of people on this forum. They made a mistake by not responding to my CCP96. I just beat CACH, LLC for a Citibank Card. When they sent their CCP98 they listed a vacant address where the declarant could be served in care of. Thank you to @Anon Amos , @sadinca, @RyanEX, @calawyer, and @HomelessInCalifornia who wasn't in my thread but I borrowed from him. Also thanks to @HotWheels96 who helped me tremendously in my case two years ago and I reused
    1 point
  10. cm_chase's winning case from summons to settlement (excellent reference material): http://www.creditinfocenter.com/community/topic/232716-my-case-i-won/
    1 point
  11. A certain collection agency that will go nameless - but has a ton of money - for some reason, let me default them. I didn't dick around in small claims but went straight to County Court at Law. I sent out a big batch of discovery to them, and for some reason, they ignored that, too. I got $72,000.00 for violations of the FCRA (72 violations X 1,000.00) and $27,500 for libel. I'm just going to sit on this judgment until their appeal options diminish. After all, I accrue $27.00 a day in interest on it. An appeal will certainly be interesting, as I had 144 admissions deemed admitted, and they
    1 point