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Everything posted by shellieh98

  1. If you used the shop geico recommended, then it should be guaranteed. They only charged you the deductible because they thought geico would send them that portion.
  2. Are they suing your ex too? was the lease in both your names, or just yours? 1. Yes you do want a counter suit. That is the fastest way to make this go away. If you have a counter suit, most the time they don't want to pursue if they think they might lose the counter suit, it will cost them more. all about economics. 2. I would get a free consult with a lawyer. If they locked you out with no notice, and you were current on your rent at the time, they threw your belongings away, you have an excellant case against them. Also lets not forget about any security deposit they did not give back. They by law have to return your deposit within 30 days unless they send you an itemized bill that shows whey they spent it to bring the apt. back to a rent able condition. You could be entitled to 3x the amount of your security alone. You could be entitled to money you had to pay out to find a place to live since they locked you out. You could be entitled to money because they broke the law. You could be entitled to way more than they would even win. 3. A lawyer might even take the case on contingent, or a flat rate that would be way less than the amount you could win. Consult one. 4. Were you ever served an eviction notice? They have to give you a 3 day notice before they go to court to try and get the property back. Where were you when all this happened? 5. Here are some more resources. 6. Some legal help here.
  3. So you can amend your answer to include any defenses. You can do it before your first appearance. (don't count the original one where you appeared.) The problem: Any defense you use, it is up to you to prove. So do you have anything to prove the defenses your using? Or can you prove it if you were allowed discovery? If you amend you should go look up each defense to make sure it applies. ie. doctrine of laches means they took an unreasonable amount of time to sue you, therefore they should not be able to. Does that apply? how long ago did they put a lock on the apt? Also, there are renters rights in Colorado. You should look up those, and see what you can do you may be able to file a counter suit. ie: why did they change your locks? Were you allowed back onto the property to get your belongings? You can't breach a contract if they broke it first- but there has to be more to this story. If you want to share, we can see if you might be able to file a counter suit. If there is no back story and they locked you out, then took your possessions, I would consider hiring a lawyer with a big counter suit. If you just want to get out of the current suit against you, you can fight it. A few things to know about Colorado--- there is no discovery for suits under 25k. They are supposed to mail you everything they have against you by a certain date, you mail them everything you have by a certain date, and that is that. If you need more, you would need to ask the court for permission to conduct discovery, and need a really good reason for it. This can be both good and bad. If they didn't send you enough evidence against you, anything else they may have, they can't use if you object. most fight this way. they tear apart each thing the plaintiff has against them, and it usually tears the plaintiff's case apart if they don't have their ducks in a row. Also if you do amend, you could also ask for a change in venue if going to the springs will bring a financial hardship. If you live in Denver. I am assuming the apt. you lived in was in Co. Springs, correct?
  4. If they are not trying to collect, they don't have to validate it yet. (the collection agency) You dispute it with the credit reporting agency, in writing. If it comes back validated, you dispute it again in writing and ask for a method of validation with the name and number of the person validating. They will either comply, or remove it.
  5. My personal opinion is I would call them back and tell them I would like to go to arbitration. Send them a letter to the same effect, to both Atlantic and midland.. With JAMS. Atlantic will kick it back to Midland, who in turn may file a lawsuit. Then you can file a motion to dismiss because you already told them in writing. It is easier to settle, but They paid maybe 500 bucks for that account. I won't pay a JDB, it's up to you. synchrony card agreements all have arb. agreements with JAMS.
  6. any costs will be added to the suit should they win. If they don't win, then you wont owe them anything. Most of your answers are going to be "Denied. After a reasonable inquiry and diligent search the defendant has no records to admit or deny, therefore denied" Don't admit to anything except your name and addy. You can win this case if you study, ask questions and read the California threads from people who have won here. Start with the pinned one by astmedic in this forum.
  7. answer them now. I would file a copy of the answers to the court even though you do not usually do so. If you do not know how to answer them without admitting it is your account, and you owe the money post back here. If we had more specifics of your case, we could help you better. If there is a hearing for this, make sure and show up and tell the judge you answered them on xx/xx/xxxx. If he asks why you didn't answer before that, make something up, but don't say its because you didn't know what it meant if you didn't, or he might grant their motion.
  8. depends on what your goal is. You can negotiate with them now if your intentions are to pay them off if you can. Look at the answer in this post to give you an idea of how you can resolve it. Your not to far behind yet that they won't negotiate and work with you. Once it goes to the CA, they might be a little harder to deal with. Make a plan, then call them, never hurts to ask.
  9. You can still negotiate with the cc companies without stopping payments. Many will close your account, let you pay off the debt with either a lower interest rate, or zero interest on the remainder. A good way to make them an offer of what you can pay is to take your total net pay, minus all living expenses. Remember you need to include a small amount for entertainment, savings, etc. There are formulas out there, google the search. Then lets say you had 1600.00 a month left to pay on your bills. You take each debt and figure out what percentage you owe. (example citibank could be 40% of the total debt you owe on all your cards. ) (add all debts together then divide by each debt to get its percentage) Then you take your 1600.00 that you have to pay, and pay each debt according to their percentage. So if citibank was 40% of your debt, you pay them 40% of your 1600.00. At least they won't go into default, you may be able to manage the debt, and most card company's will work with you if you come to them with a plan. Yes they will always want more, but you have to be firm and negotiate that interest free, or lower interest. Of coarse you will no longer be able to charge on any of them, but that might be a good thing.
  10. If your trying to get a case into Arbitration, the only litigation you do is to do what it takes to get it there. If you bring any thing else up, you are litigating in court, and may lose your right to arbitration. make sense? Patricia Hall worked for Citibank, and has signed thousands of bills of sales.I doubt it will help you. If you fail to get Arbitration, then we can work on impeaching the witnesses, or the people that signed any affidavits.
  11. Make sure you serve it on the plaintiff as well as file it with the court. good luck!
  12. no, if they filed before the SOL was done, then it is tolled (stopped) and you are stuck fighting it. If they dismiss, then the sol is done.
  13. You can bet your bottom dollar it is about that old account. SOL in Colorado is 6 years. They want to make that deadline. They do not care if you have a job, because if they can get a judgement, they can collect on it any old time they want--like when you do have a job. If they know where you live, expect someone to serve you before or near the end of the SOL. You might want to be proactive and study up on Arbitration. HSBC cards have Arbitration clauses. I can tell you M & J and the junk debt buyer will NOT go to arbitration over a 800 debt. It would cost them more that that to pursue, money they can't get back. If you have not moved since you defaulted on this account, I would go to my local court and make sure there is not a default judgement against me already. If you want to get this out of the way you could call Machol & Johannes and ask them what the call is about. If it is that account, tell them you will need a debt verification. Ask for their mailing address, and whom it is you need to speak to in correspondence. Then send them a letter CMMR that states you elect arbitration for the alleged account. If they sue you, you can answer with a motion to compel arbitration. The only thing M & J will be able to do is dismiss the case. they will not arbitrate. Or you can study up on arb and wait to be served, then motion the court. But use that time to learn court procedures, and arbitration.
  14. they did not send a copy of the bill of sale from OC to Portfolio? Or an affidavit that says this account belongs to you, and I swear the amounts are true? usually signed by someone that works at portfolio?
  15. Well, looks like you will need to lay low until December, then you should be good to go. If it is a large loan, they may try to serve you by publication. If that happens, you can hope it is late enough that if you get a default, you will be able to get it overturned, and they will need to file in your jurisdiction.
  16. They used to be numbered, but I don't see that anymore since they changed the format of the board. You could always count, lol. Based on their BS response, I would object to their discovery questions, using BOP as Calawyer suggested. You could answer them something like this, but change them up so it does't look like you copied and pasted everything. " After a reasonable inquiry and diligent search Defendant has no records of this account except by the alleged evidence supplied by JDB's name. Plaintiff has not shown an accounting of the alleged account, even after a BOP request was made, and DENIED on the money lent cause of action. therefore it calls for a legal conclusion as to the correctness of the alleged account. Without a complete accounting, there is no way to assess the amount owed if any, or if alleged account is Defendants. " I would get my own discovery requests together and send it off to them. I would ask for account agreement, bill of sale including the forward flow that lists My alleged account in the sale. There is a doc request list in homeless in ca's thread.
  17. Heres a thread to read. Research all the posts by @texasrocker also.
  18. sit and wait. If they do sue in cali (stupid if they think you live there, as the sol would have past) and they do get a default, you can easily get it overturned. Once overturned, they would have to file a NEW case in NV, they can't transfer the one from California. By the time all this to happen, the sol would be done in NV also. Another note, if they didn't know you moved to NV, who's to say you didn't move until last month? You have your phone and mail box to prove residency. I wouldn't worry about it a whole lot.
  19. Your fees are capped at 200.00, and the fact that you are in California, you don't even have to pay that, they have to pay for all of it.
  20. You will want to oppose the MSJ. There are lots of example motions around, but you should oppose it, reasons are 1. you have requested arbitration according to the alleged CC. agreement. They have not established this is your account, They have not established the amount is correct. They have not authenticated any records. They are trying to get a MSJ hearing in before an arb hearing. Once you do that (you only have like a week) send them off a document request for 1 thing only. The credit card agreement. If they don't send you one, you should not have any problem with the one you provided. If they do send you one, it should have the same agreement in it. You can also oppose their opposition by providing several CC agreements from different times that all have the same arb. provision. The most compelling one would be the one in the credit card database.
  21. I don't mean to sound crass, but by your posts it shows that you really do not know what to expect. Manditory mediation is really not something you want to do, all it is is a "do you woe this debt? how much can you pay?" type thing. ARBITRATION will make this go away in most cases. Are you in small claims court? Look at your credit card agreement, if it has an Arbitration clause, and no small claims disclaimer, this is your best bet. You would be capped at 250.00 in JAMS, and 200 in AAA. Read up. If you don't do arbitration, you need to go to your courts website, and study the rules of civil procedure. As far as the telephone appearance, yes, you could respond with an objection. You want to make this as difficult for them as possible, and an easy tele conference only benefits them. You could file an objection to telephone appearance. There is a sample for that motion in this forum.
  22. Colorado gives you 30 days to answer. But yes, they always serve before they file so they won't pay un-neccessary filing fees should they not be able to serve you in a timely matter. Co. system is screwey. You also have no discovery unless granted by the court unless you are in superior court. They send "disclosure". Since this is an original creditor case, they will probably have everything they need. If it is for under 5k, I would demand arbitration (not the court mandated one that is in some colo. counties) I believe Discover has a JAMS clause, if so, this might be your best route to take. Discover can go either way, but I would take my chances with Arbitration.
  23. You filed a counter claim? Has it been 30 days? They need to answer the counter claim, if they do not, then you should ask for a default. Now if you want to make them go away rather quickly on their claims, look for a credit card agreement for BoA during the time your account was active. Does it have an arbitration clause?