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Everything posted by shellieh98

  1. aww thank you Bruno. OK here are my 20 questions answered. then I will post my answers to their discovery, can I get some feedback on that? When that is complete, I need to do my own discovery request, and could use some links to help please. Do I file my answers with the court? or do I just send them to the lawyer? Also do I file my discovery to the plaintiff to the court? or just a request to do one to the court? 1. Who is the named plaintiff in the suit? Myself 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Machol & Johannes, LLC for LVNV LLC 3. How much are you being sued for? around 600.00 4. Who is the original creditor? (if not the Plaintiff) Heritage chase 5. How do you know you are being sued? (You were served, right?) I was served. 6. How were you served? (Mail, In person, Notice on door) Sherriff process server 7. Was the service legal as required by your state? Yes Process Service Requirements by State - Summons Complaint yes 8. What was your correspondence (if any) with the people suing you before you think you were being sued? Phone. told the guy I needed a DV as I believe I do not owe the debt, and I thought it was settled previously. He sent me a credit card statement as DV. 9. What state and county do you live in? Mesa County colorado 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) They say April 2011, I say march 2011. 11. What is the SOL on the debt? 6 years 12. What is the status of your case? Suit served? Motions filed? You can find this by a calling the court or looking it up online (many states have this information posted - when you find the online court site, search by case number or your name).suit served, answered, in the midst of discovery, trial is set for may 14th, 2013. 13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency? credit agency has not put the debt on my credit report, oc last activity on it was june 2011. No I have not disputed it. 14. Did you request debt validation before the suit was filed? Note: if you haven't sent a debt validation request, don't bother doing this now - it's too late. I did over his recorded phone line, but not in writing. (I didn't know, stupid me, lol) I also told him to only notify me by mail and not call at that time until he had DV. 15. How long do you have to respond to the suit? (This should be in your paperwork). If you don't respond to the lawsuit notice you will lose automatically. In 99% of the cases, they will require you to answer the summons, and each point they are claiming.20 more days to answer the discovery. 16.We need to know what the "charges" are. Please post what they are claiming. Common counts, account stated,breach of contract,for money received on behalf of the plaintiff, open book account,unjust enrichment. I am not sure, I cannot find the original summons. (I think my bf did something with it.) I know it did say something about unjust enrichment. 17.Is the complaint "verified".? A verified complaint is one in which the last page it has a declaration from someone stating that the information and allegations are true and correct under penalty of perjury. arugg, I don't know 18.Did you receive discovery or interrogatory or Admissions (questionnaire) regarding the lawsuit? yes 19. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as card statements from 2/7/09 to 3/11/11.
  2. When asking for discovery, colorado has a limit of 25. Does that mean 25 for interrogatories, and documents, or does it also include admissions?
  3. lol I think I will take the lawyer advice. I would today fail the means test (again) but not by 75.00, but by much more as I took a 2nd job to try and dig myself out of this hole. I have settled 5 cc cases, 2 a-1 collection company cases that were medical type collections. It was the medical that got me into this, as they to got a summary judgement without me ever being served, and garnished my wages. I only found out about it when I got the notice from my employer. That is what started the BK in the first place, and it all snowballed from there. I don't know, maybe my address is hard to find lol, it is 638 1/2-- somehow that 1/2 throws people. I have lived in the same place for 8 years, and the bills have no problem making their way to my door, so I don't think a server should have much trouble. So now I have this judgement I just found out about, and probably 4 more cc debts out there. I am just getting discouraged tho, that the JDC are making bank on my hardship. I think if the big banks are willing to sell their debt, they should offer it to the person with the debt first, even if it means a hit to the credit. JMHO.
  4. Thank you, I will go look at the 20 questions. One thing I did find out last night is, I pulled my credit report, and there is an inquiry on it from the attorney for LVNV dated 11/12. This was before I was served or contacted by them. Is that legal? And is it really LVNV suing me, or the attorney--as they are debt collection attorneys? they are Machol & Johannes, llc. I ask because I was sued by PNC bank a couple of months ago. I settled with them because I thought it was the original creditor suing me. (ow cost me 4 grand lol) But then I find out they assigned the case to a attorney in NYC. I was sued by an attorney in Denver, so it must have been reassigned? I wish I would have found this site before I settled with them.. I was forced to default on some cc because of another situation where I needed to file for bankruptcy for protection, but that was resolved, and by the time it was, the cc companies would not do anything with me, they said accounts were already sold. So now I get to play with JDC's. I would not mind settling, except I do not owe them, and it irritates me they can buy up debt for pennies, and then make 5000% profit. Anyway, I will do more research, Thankyou Art, Bruno, and Credator for the advice, I will be back in a few days lol. (on a work stretch)
  5. Have you gone to the Hospital Medical records dept. and requested a copy of your medical records? Specifically look in all of the nurses notes. They are the ones doing the procedures on you, they are the ones who recover you. They have to chart everything. Look in their notes to see if a catheter was ever placed, they would chart it. Wasn't charted, wasn't done. They chart recovery times also-- time in and time out. It's required. Hopefully the hospital has electronic charting, so you can actually read the notes and not decipher handwriting. Also-- the Dr. orders. If the dr. didn't order something, they can't charge you for it. Good luck.
  6. I pulled my credit report last night and I noticed there is a default judgement for 10,000. the account was from a credit union that I was co-signor on. (stupid me) I co-signed a truck loan, and the boyfriend defaulted. He gave the truck back, and they auctioned it off. He was never served any papers, nor did he get sued. I was never served any papers, didn't even know anything about being sued, and I find this judgement listed on my credit report dated feb. 11, 2011. Now on feb. 23rd, 2011 I filed for bankruptcy, which was dismissed. (due to other problems, not that one) I made 75.00 more than the feds red line for granting the bankruptcy. (so here I am 2 years later fighting off the JDC's) Anyway, I am sure this is why they have not tried to collect on this summary judgement, but now I am afraid they will try being years later. Or should I let sleeping dogs lie? I am really pissed they got this without me ever being notified.
  7. I have my admit, and interrogatories done, but I do not know what to for the request for production of documents. case is LVNV, suing through an attorney in this state. (Colorado) How do I answer their request to "produce and provide a copy of all bank account statements on which Defendant was an authorized signor during July 17th, 2001 through April 17th, 2011. (10 years worth?) I don't want to give them my personal bank information. 2. Produce and provide copies of all payments which you paid on Chase visa account no. xxxxxxxxxxxx from july 2001 thru april 2011. How should I respond? Also they want statements from same account. Your help is appreciated
  8. I am being sued by LVNV, then assigned to an attourney. I know they need to proved standing from what I have read here. But I don't know how to go about it. They have filied discovery on me, with admissions, interrogatories, and production of documents. Do I just type my answers on a piece of paper? Most of their Interrogatories and asking for things likewhat was my account number with chase, my name and address, what was my balence with chase when i defaulted,do i intend to put forth any affirmative denfenses, state all my bank accounts, etc. How do I go about answering those without giving them information? Why do they want my bank account info--so if they win they can zap my account? Then their admissions, there are 12 of those. admit i used cc, admit i made payments, admit i recieved an orginal customer agreement wit chase, admit i applied for and recieved chase cc, admit that by using i acquisece to terms and conditions of the agreement, admit all purchases were made by me or designee, admit i defaulted, admit that the account has been assigned to and is held by the plaintiff. admit that plaintiff has no liability to defendant. I had sent a debt validation request, and got back copies of my statements as their proof. I told them I wanted debt validation, copy of the chain of custody, as i believe I do not owe OC anything. she wrote back and said she would see what she could find, and then I got this in the mail. They did not provide a DV. How do i file discovery motion--is there a template I can fill out? I cant find one on the colorado gov. site. I'm not a stupid person, but I feel like one when it comes to this court stuff, lol. I know I can not admit to most that stuff, one because it gives them standing, and 2. most of it isnt true anyway. to i just type deny? Then their document request is for everything. All my transactions of said account, all my checks that showed I paid, bank statements, etc. So do I file a motion for discovery and hit them back with the same things? Do I just go to the court clerks office with my questions and document request and tell them i want to file discovery? I have read alot on this site, but I can't find anything other than, go file a motion for discovery. I don't know how lol. thank you for anyone that can help. Oh and this is on a account I believe I settled with another company--but I don't keep very good records, and cant find the one with the other company.