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Speranza

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  1. Thank you So as far as witnesses, here's the thing- their "Bills of Sale" are completely shady and I know they have been clearly forged by the same person. None of them are notarized, all have the same handwriting. Should I just list their custodion of records or should I list every single one of these individuals on the bills of sale? The account was sold four times, sometimes less than a month later, and they all look completely doctored. Or is it okay just to list their custodian of records, because they have also listed them? In addition to Bennett vs. Napolitano, this case also looks promissing: Certified Collectors, Inc. v. Lesnick, 570 P. 2d 769 - Ariz: Supreme Court 1977 "To prove an assignment, a party must show “evidence of an intent to assign or transfer the whole or part of some specific thing, debt, or chose in action, and the subject matter of the assignment must be described sufficiently to make it capable of being readily identified.” Found it on this forum- http://www.creditinfocenter.com/community/topic/319137-disclosure-please-review/ I have printed a lot of the rules of evidence and civil proceedings, so I am definitely going to get to work to make sure I know what I am doing.
  2. I believe they are going off of what Plaintiff sent them. The one from the court is 4 short questions, but if you type it up in their format it's much more detailed (I noticed my JDB disclosure was very lengthy as well).
  3. Thanks so much for your response. You have encouraged me not to settle! I am working on my disclosure statement now. A couple questions- One huge concern I have is that there are copies of every one of the credit card statements with my name and address on this. If this gets brought up tomorrow, how should I address this?I saw in another forum (of course I can't find it now) that the Defendant can send plaintiff a set of admissions as well (1. Admit Plaintiff is a debt collector, 2. Admit that Plaintiff has no paperwork/agreements signed by Defendant, etc, etc.) Did you do this?
  4. I don't know what county you are in, because your disclosure and some of your stuff is different than mine (I'm in Maricopa). My paperwork says "If objection is made, the reasons therefore shall be stated. The answer shall specifically deny the matter OR set forth in detail the reasons why the answering party cannot truthfully admit or deny the matter." So I guess, you are right. I will re-type it, put deny and then object underneath. What are your thoughts on JDB attaching all of your statements? I saw a post above about them not being authenticated, but if they have your address on them....? I am wondering where that falls in all of this! It looks like you are starting to get a good handle on this!
  5. Here is my original post, but since this is slightly off topic, hoping to get a general idea of what I should say tomorrow during mediation. http://www.creditinfocenter.com/community/topic/321089-they-responded-to-my-request-for-production-feeling-overwhelmed/ JDB will be participating by telephone. If anyone has sat through a mediation, please let me know what you said and how it went. I don't want to "reveal" all of my cards that I am planning on using, still working on providing disclosure statement, answering requests for admissions, and interrogatories. So as of now, the JDB hasn't received these. So, should I just sit there and say, "They haven't proven standing on this debt" or should I fully participate and offer them $10, and go up by increments of $1 until I reach $25 or what? I mean, I am totally down for settling for $25 Thank you!!
  6. Regarding the above post- so you do have to admit/deny and then state the objection? I thought you could just state the objection without denying it? If they attached 5 years of statements in their disclosure, sent to your address, how can you argue this? I can just imagine them asking- "And your name is-------? And you lived at -------------- during ------ time?"
  7. I did PM Seadragon about an hour ago. As far as "lack of standing" I read on a post http://www.creditinfocenter.com/community/topic/311576-detailed-discussion-on-affirmative-defenses-including-standing/ (repost from BV80) that lack of standing is something you want to really wait to bring up until trial when you can question the Custodian of Records, and that you don't want them to know you are petitioning lack of standing and be prepared for it. Although, at least in my situation, it seems I have no choice. Even though I have bills of sale, their affidavit, and old statements- I can still petition lack of standing, because....? I am thinking based on their bills of sale being ridiculously non-descriptive of my account, or...? And, were you responsible for Midland's witness showing up? Thanks!
  8. Been following your post here, trying to get some information for myself So, as far as disclosure statements, did either of you list "their" witnesses (everyone on affidavits, bills of sale, etc.). What did you put for their "expected testimony"? I thought that if they were my witnesses, I would have to make sure they are there. And I wouldn't want to lose, since obviously they won't come. Any thoughts on this? Thanks!
  9. Thanks! I feel that it is a winnable case, I am just worried about time investment. I was wondering at what point this stops being worth it to them- I mean if their attorney has to show up in court, is $600 worth it to them? Where might I find this case law as far as chain of custody? If I go to court, shouldn't I be able to refer to a ton of these cases? I have been going through the forums, but if anyone has an idea of several cases people have used for issues during trial in Arizona, please feel free to share the link. Really appreciate the input
  10. Yeah, they specifically said they were located in Pima County when they petitioned. If it goes to trial, I will absolutely object to telephone. It would be great if I can see your motions to strike. Is there any particular way I should specify I want them to pay my court costs? Any recommendations for mediation? Is it just back-and-forth make a deal kind of thing? Does anyone know what percent they are usually willing to go with? My mediation is this week. I would honestly be willing to settle for a very low amount just to save myself the headache and time with this. Thanks!
  11. Thanks for the reply. What did you base the lack of standing on? Was it for SOL? I have heard varying things with the change in AZ law, and that basically you'd better have a fall back plan because the SOL doesn't always hold. Also, was there something specific in that case that ties into this? I am unfamiliar with how to figure out which parts of these case laws are applicable. What is a good way to find these cases? Also, the other party is in Tucson so they are participating by telephone for the mediation. I guess they won't be able to physically get this unless it's through the mail. Also- now that I have these "exhibits" they produced (paricularly the affidavits and "Bills of Sale") when can I object to them as hearsay, or something?
  12. Here is their response to my request for production: 1. Produce any credit application signed by the defendant. Objection: Defendant's request is vague and overly burdensome as to "any credit application." Nevertheless, Plaintiff has disclosed every document in its possession that is not priveleged or protected. See Plaintiff's Initial disclosure. Plaintiff will supplement its disclosure if any additional documents come into its possession. Plaintiff also affirmatively alleges that is has requested all documentation from the original creditor whose obligation to maintain documentation is governed by the Truth in Lending Act (Regulation Z), specifically at 12 C.F.R 226.25. Regulation Z requires creditors to maintian records for two years "after the date the disclosure are required to be made or action is required to be taken." Furthermore, the Equal Opportunity Act [Regulation B] 12 C.F.R. 202.12 [1] only requires the Original Creditor to retain a copy of credit applications for 25 months. 2. Produce a copy of the executed contract in Copper State Financial Management's possession setting forth the terms the Defendant is alleged to have agreed to in connection with the card at the beginning. Plaintiff has disclosed every document it its possession that is not priveleged or protected. See Plaintiff's initial disclosure. Plaintiff will supplement its disclosure if any additional documents come into its possession. Plaintiff also affirmatively alleges that is has requested all documentation from the original creditor whose obligation to maintain documentation is governed by the Truth in Lending Act (Regulation Z), specifically at 12 C.F.R 226.25. Regulation Z requires creditors to maintian records for two years "after the date the disclosure are required to be made or action is required to be taken." Furthermore, the Equal Opportunity Act [Regulation B] 12 C.F.R. 202.12 [1] only requires the Original Creditor to retain a copy of credit applications for 25 months. 3. Produce a copy of any modifications to those terms specifically agreed to by Defendant. Plaintiff has disclosed every document it its possession that is not priveleged or protected. See Plaintiff's initial disclosure. Plaintiff will supplement its disclosure if any additional documents come into its possession. Plaintiff also affirmatively alleges that is has requested all documentation from the original creditor whose obligation to maintain documentation is governed by the Truth in Lending Act (Regulation Z), specifically at 12 C.F.R 226.25. Regulation Z requires creditors to maintian records for two years "after the date the disclosure are required to be made or action is required to be taken." Furthermore, the Equal Opportunity Act [Regulation B] 12 C.F.R. 202.12 [1] only requires the Original Creditor to retain a copy of credit applications for 25 months. 4. Produce a copy of all statements from beginning of time to present. Objection: Unduly burdensome and vague in scope. Plaintiff has disclosed every document it its possession that is not priveleged or protected. See Plaintiff's initial disclosure. Plaintiff will supplement its disclosure if any additional documents come into its possession. Plaintiff also affirmatively alleges that is has requested all documentation from the original creditor whose obligation to maintain documentation is governed by the Truth in Lending Act (Regulation Z), specifically at 12 C.F.R 226.25. Regulation Z requires creditors to maintian records for two years "after the date the disclosure are required to be made or action is required to be taken." Furthermore, the Equal Opportunity Act [Regulation B] 12 C.F.R. 202.12 [1] only requires the Original Creditor to retain a copy of credit applications for 25 months. Even though they objected, they did provide detailed statements. 5. Produce details regarding alleged charges by amount, type and date. Objection: Unduly burdensome and vague in scope. Plaintiff has disclosed every document it its possession that is not priveleged or protected. See Plaintiff's initial disclosure. Plaintiff will supplement its disclosure if any additional documents come into its possession. Plaintiff also affirmatively alleges that is has requested all documentation from the original creditor whose obligation to maintain documentation is governed by the Truth in Lending Act (Regulation Z), specifically at 12 C.F.R 226.25. Regulation Z requires creditors to maintian records for two years "after the date the disclosure are required to be made or action is required to be taken." Furthermore, the Equal Opportunity Act [Regulation B] 12 C.F.R. 202.12 [1] only requires the Original Creditor to retain a copy of credit applications for 25 months. Even though they objected, they did provide detailed statements. 6. Produce evidence of all payments received. Objection: Unduly burdensome and vague in scope. Plaintiff has disclosed every document it its possession that is not priveleged or protected. See Plaintiff's initial disclosure. Plaintiff will supplement its disclosure if any additional documents come into its possession. Plaintiff also affirmatively alleges that is has requested all documentation from the original creditor whose obligation to maintain documentation is governed by the Truth in Lending Act (Regulation Z), specifically at 12 C.F.R 226.25. Regulation Z requires creditors to maintian records for two years "after the date the disclosure are required to be made or action is required to be taken." Furthermore, the Equal Opportunity Act [Regulation B] 12 C.F.R. 202.12 [1] only requires the Original Creditor to retain a copy of credit applications for 25 months.
  13. Thank you for responding! I have filled out the form below, sorry I didn't know where to find it. I also will post their responses to my request for production and what they are asking of me separately below (hoping if I break this up it will be easier to follow). 1. Who is the Plaintiff? 2. What is the name of the law firm handling the suit? 3. How much are you being sued for? Roughly $500 + $100 interest, not including "attorney fees" 4. Who is the original creditor? US Bank 5. How do you know you are being sued? Served 6. How were you served? In person 7. Was the service legal as required by your state? Yes 8. What was your correspondence (if any) with the people suing you before you thing you were being sued? Never spoken to them or answered any phone calls. Received a few letters. 9. What state and county do you live in? Arizona, Maricopa County 10. When is the last time you paid on this account? May 2009 11. What is the SOL on the debt? 6 years 12. What is the status of your case? Not sure how to answer this. Suit has been filed, my response has been filed, they answered request for production, and I just received "Plaintiff's First Requests for Admissions" and "Plaintiff's Request for Non-Uniform Interrogatories". Mediation date is set. 13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency? No. 14. Did you request a debt validation before the suit was filed? No. 15. How long do you have to respond to the suit? We need to know what the "charges" are. Please post what they are claiming. Did you receive an interrogatory (questionnaire) regarding the lawsuit? I had 20 days, it is already done. I just received an interrogatory questionnaire (a month later). Here are the charges: 1. Plaintiff is either a corporation, a partnership, or sole proprieter; that the Defendan(s) is/are residents of or have their principal place of business in the State of Arizona; that the obligation or debt which is the subject of this complaint was an event caused by the Defendant(s); and that this Court is the proper venue for this case. 2. Plaintiff alleges that this Court has jurisdiction over this matter and that the Defendants, if married were acting on behalf of their marital community and for community purposes of benefit. 3. That the following creditors extended credit and provided financing to the Defendant(s) through credit card purchases: US Bank Select Rewards Platinum 4. The Defendant(s) have failed, refused and/or neglected to make the payments owed. 5. That if applicable, Plaintidd has acquired the debt or the Plaintiff has been assigned to the account. 6. After all just and lawful set-offs, payments and/or credits, Defendant(s), and each of them owe to the Plaintiff: Balance $ (listed above), Interest (above), Originally owed to: US Bank 7. The Plaintiff is entitled to accruing interest pursuant to the contract between the parties; or the Arizona interest statutes A.R.S. 44-1201 and/or A.R.S. 44-7805 on the remaining balance at the rate of 7.4% from (date they bought it) 8. The Plaintiff has performed all acts required which entitles the Plaintiff the amounts contained in this Complaint. 9. That after all just and lawful set-offs, payments and credits have been allowed, the above-designated syms are justly and truly due and unpaid from Defendant(s) to Plaintiff. 10. That Plaintiff and/or Plaintiff's attorney has made demand on the Defendant(s) to pay the amount due as set forth herein, but the Defendant(s) have failed, refused, or neglected to pay. 11. That pursuant to A.R.S. 12-341.01, Plaintiff is entitled to recover court costs and reasonable attorney's fees. 12. Pursuant of 15 U.S.C. 1692(e)(11) defendant is notified that this communication is from a debt collector. 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. No evidence sent with the summons. But I just received all of their exhibits today, including: -Affidavit of Indebtedness signed by their Custodian of Records -Four JDB Bills of Sale (some of which have been blacked out, all of which are for millions of dollars) -An Excel spreadsheet with my name, the account number, last 4 digits of my social, and address (with all other lines deleted) -All of the credit card statements from US Bank -A letter they sent me telling me they might file a lawsuit against me if I didn't pay
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