needabailouttoo!

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About needabailouttoo!

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  1. What has happened is that the judge has set a hearing to re-open the case to allow for your defense. Here's where its especially good news for you-- First, your meritorious defense (use this term specifically in this instance of a re-opened default judgment) is 'excusable neglect'. Excusable neglect is when you didn't answer the summons for some excusable court reason. Yours here is that you weren't at that address in 2007 to have legitimately received a summons, due to a forced foreclosure move. How can you respond to a summons if you were never aware a summons was served? The court excus
  2. "The plaintiff's lawyer had the rules of evidence relaxed in court so they only had to prove it was likely that they owned the debt and the amount was correct." Do you have proof of this, or can you in some way prove this? Since a default judgment has already been granted, and I'm not fluent with your state's Rules of Civil Procedure--the first place I'd start is researching your state's Rules. Determine if there is any way you can get this overturned. If not, I'd either file suit against your lawyer for legal malpractice, or file suit against the plaintiff's lawyer for the relaxed evidenc
  3. It means they're trying to bamboozle you. They're insinuating that the Bill of Sale proves that they're the new owner of your charged off debt. Look closer and find where the BoS has your name written on it....Anywhere?.... No? Then as a legal document, how does it link you and your alleged debt to be due and owing to them? The BoS memorializes that some sort of a transaction occurred between two parties and an undefined number of charged off debts were exchanged for an undefined amount of money. That's it. The BoS in now way establishes that they bought your account...but they're really bank
  4. Maybe I should clarify--- Pampamk, file the Motion in the same court that your filed your Answer, staying in the same incorrect COUNTY as you'd like to stay in...If you like the county you have now, you can keep your county, Obamacare will do nothing to change that... And if you'd like to file four, five, six or more documents before facing a judge next August, then you should stay in District Court. But if you'd prefer to only file two more, a short Motion to Transfer and then a Motion to Dismiss, I'd strongly think about transferring to a lower court within the same, incorrect county, and
  5. 'Trial' commences on your assigned court date. So you can transfer the case pretty much anytime before your court date. The case can't continue until your request is granted by the court. You'll transfer by filing a Motion to Transfer; Improper Venue....do this relatively soon because here's the bigger prize: The alleged debt owed is $1760.00. $1760.00 is small claims in just about any U.S. jurisdiction. The JDB has intentionally filed in a higher, inappropriate District Court, with much more document responsibilities than if they'd brought the case where it should be, in small claims. They d
  6. If you file without them being notarized, your docs won't be allowed to be recorded into the court record. If your Answer and Motion aren't eligible to be recorded, you haven't 'Answered', and you'll miss your answering deadline. The clerk would catch this while you're standing in their office and bring this to your attention. Recognizing that there's no way around it, what I would do, and what will buy you time due to a technicality, I would call the plaintiff attorney and tell them the situation. They'll then have to dismiss the present case and re-file. You would have to be re-served as wel
  7. Are you sure you want my help? According to others, I could be providing wrong information. PM me your email address and I'll send you what I can.
  8. Rule 11. Signing of pleadings, motions, affidavits, and other papers; representations to court; sanctions. b. Representations to court. By presenting a pleading, written motion, or other paper to the court (whether by signing, filing, submitting, or advocating), an attorney or unrepresented party is certifying that to the best of the person's knowledge, information, and belief, formed after an inquiry reasonable under the circumstances, ((1) it is not being presented for any improper purpose, such as to harass or to cause unnecessary delay or needless increase in the cost of litigation
  9. Rule 44. Proof of official record. (d) Certified copy of record read in evidence. A copy of any official record, or entry therein, in the custody of a public officer of this state, or of the United States, certified by the officer having custody thereof, to be a full, true and correct copy of the original in his custody, may be read in evidence in an action or proceeding in the courts of this state, in like manner and with like effect as the original could be if produced. (e) Official record defined. As used in this rule "official record" shall mean all public writings, including laws, judici
  10. Except Plaintiff is trying to sue based on a credit agreement and terms Defendant was never a party to. Plaintiff provided terms that were in effect seven years before Defendant's alleged charge-off date, and due to the passage of significant time, Plaintiff cannot prove exactly under what banking law this alleged account was governed by.
  11. Hi Corbin980- I'm in Ga. and just won a case with HSBC being the OC in July. Magistrate court actually has advantages. What I find helpful is to also submit a Motion to Dismiss With Prejudice along with my Answer. I hammer them in the Motion for their misconduct. You have a few to claim already. You also have already admitted to this debt by offering to settle, twice. That may hurt: To achieve an account stated, the agreement must amount to a recognition of a debt by a party, with a promise, express or implied, to pay the debt. This recognition can be established by a creditor delivering
  12. Whatever you want to do, in the end this is your case. But I agree, I wasn't aware you were filing both. Regarding your SOL-you'll have to go into extreme detail. You're laying 'foundation'. Its a lot like 'if P then Q'...if this is true then this is true also. You'll have to connect the dots for them and how a four year old account agreement that doesn't pertain to your case cannot demonstrate which SOL state's SOL law this item falls under, and you'll have to include Delaware law in its entirety as I have, don't just 'mention' SOL. Mentioning it doesn't make it true. Provide facts. Demonstra
  13. 1.I'm not sure what you mean. I don't have an S?** Apostrophe is this ' Defendant's 2. No Also, make my FDIC link I provided in an earlier post into a printed doc and provide it as Exhibit A with whatever motion your filing, and make reference to it's existence by; 4.Because no current banking law is available, we know that CIT online bank’s parent company, The CIT Group, is organized in Delaware (Exhibit A), and as a financial institution, is bound by Delaware banking laws. Delaware banking laws have a 3 yr, statute of limitations (cite the Delaware law that I provided at length from befor