pulpfictionfan

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About pulpfictionfan

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  1. It was particularly funny to me because this guy sounded almost exactly like a friend of ours... At first I honestly thought it was our friend making a joke about the pronunciation of our name! But as I listened to the message it became clear it was not a friend Kind of funny, though!
  2. Yes, I got all of it... copies all mailed out with certificate of service. The clerk looked at me funny when I mentioned the affidavit. She said all of this so far so good is standard procedure. YES!!! I need to do a LOT more reading! At least the paperwork is in and I have some time now to get my facts together. Praying I can effectively win this... But yes, I am not feeling especially brilliant right now.
  3. OK. But isn't it possible that since the account passed so many hands... somewhere the confusion got misplaced and the accounts got confused? And accounts were sold... perhaps to related companies... clerical errors and what not... These companies are all related. How much of a little mistake would it take? I will be looking at everything I have as far as paperwork and bank statements go for the last ten years or since the last bill from Capital One. But I have also already done that. When I got the paperwork from the CA I assumed it was from the Capital One account - nothing else made sense. I still don't believe I ever maintained a Credit One account. I still lean towards that scenario. Then my next question would be is if it is possible that I got some offer from Credit One, and perhaps even responded to it.. and then... never used it after I realized the exorbitant fees? Why did it take them as long as it did to charge off the account? The mind boggles. If the account was closed in 2008 I still have much paperwork from that time period here. Something SHOULD be showing up. Then what? From everything I have read Credit One makes it pretty hard to cancel an account. Maybe I am day dreaming here. Pulling at straws? How could it be that I have gone through so much paperwork and have NEVER seen a single bill from Credit One?
  4. Thanks @admin. I will do my BEST not to make it too easy for them! LOL I still have some fight left in me!!! @Savoir, Thanks for the heads up! Tomorrow when I submit the paperwork to the court, I will ask them about setting it up as an affidavit!!! In the meantime, I was so happy I got the "Amendment to Answer to Summons" done today and ready for tomorrow so I can finally begin again to proceed with the other aspects of my life!!! I am going to focus on doing as much reading and brushing up in the meantime as I can!!!
  5. And I still maintain I never had the account. I distinctly recall the Capital One account. I have even been going through old checking statements to see if I ever made a payment to Credit One. That is what I am down to now. I finished the "Amended Answer to Summons" and will bring it to the court tomorrow and send all the copies out with Return Receipts Requested and now my only hope is to go through all that old paperwork again to find any and all letters that may have originated from any of the collectors mentioned above or anything else that looks remotely close to being related to Credit One. In the mean time I am also going to be going through any and all bank statements to see if I ever made any payment to Credit One. All I can say for sure is that I know the Capital One credit account seemed to have been passed through many, many hands, and I do have most of those records in a file, so onward from there is all I can do. But, I did file the Answer to Summons so now I assume the ball is in the CA's hands. Again, please, especially, Savoir... Thank you for all your time helping me decipher some of this. It is all still very confusing to me, but little by little, I think I am starting to absorb it ! If I did in fact sign up for a Credit One account and somehow forgot about it, I guess I am now paying the consequences and I will have to get it settled up. There is always a light at the end of the tunnel ! Thanks again for all the help I have gotten here. Am planning on doing a lot more reading from others posting here. Thanks again!
  6. Thank you Savoir. How about if I just word it like this? 1.1. deny, plaintiff has provided no proof to sustain the allegation. 2.1. deny, has failed to define proof of the debt. "Exhibit A" appears to be fraudulent. 3.1. insufficient knowledge 4.1. deny, alleged debt is past the statute of limitations. 5.1. deny, plaintiff has provided no proof to sustain the allegation. 6.1. deny, plaintiff has provided no proof to sustain the allegation. The defendant humbly requests that this Honorable Judge dismiss this case in its favor and against the plaintiff due to lack of evidence.
  7. I could add that the lawyers office called today. Must have gotten the date for the pre-trial in the mail yesterday. HA! It was one of their goons, not the attorney himself. I simply refuse to talk to them before the pre-trial... unless I am feeling confident enough to get really tough with them. I guess we shall see... Let them drive 3 hours or so to our court over here to defend their stupid unsubstantiated claim.
  8. 1. Who is suing you? LVNV Funding LLC, c/o: Resurgent Capital Services LP, represented by Jonathan A. VanGemert via Weltman, Weinberg & Reis Co. L.P.A. 2. For how much? $696.34 3. Who is the original creditor? Credit One Bank 4. How do you know you are being sued? Summons and Complaint served 6/18/2013 5. How were you served? Served upon my person at residence. 6. What was your correspondence (if any) with the people suing you before you think you were being sued? None 7. Where do you live? Newaygo County, 78th District Court 8. When is the last time you paid on this account? Not sure, I don't believe I ever made a payment on it. 9. What is the status of your case (if anything has been opened)? Filing an amendment to my original Answer to Summons. 10. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) No, unaware of alleged debt. 11. Did you request debt validation before the suit was filed? No, unaware of alleged debt 12. Does your summons require a response in writing? (Look hard!) If you don't get a questionnaire with your summons, you are still probably required to answer it in writing. 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. We need to know what the "charges" are. Please post what they are claiming. Unsure, but I have already filed an answer to summons. I am now looking to file an amended answer to summons. 1. The Plaintiff is the owner of the within credit card account through Purchase, bearing account number 4447XXXXXXXXXXXX. 2. By use of the account, the Defendant became bound by the terms in the CREDIT CARD agreement. The existence of this debt is established in the exhibit attached hereto as Exhibit A. 3. The Plaintiff has exercised its rights pursuant to the terms of said Agreement to accelerate the time for payment of the entire balance due and owing by the Defendant to the Plaintiff. 4. That there is now due and owing to Plaintiff by Defendant, the sum of $ 618.32 on said credit card agreement. 5. That further, Defendant's account has accrued interest in the amount of $78.02 through April 17, 2013. 6. Although demand has been made upon the Defendant to liquidate the balance due and owing, the Defendant has failed to do so. "Exhibit A" truly looks like a bill of some kind, but both my name and Credit Ones name and address appear to be mailing labels pasted to any bill and dated on or around the time they are suggesting the account was closed, on around 11/3/2008. Based on the SOL I am guessing, IF I did in fact have this account I defaulted LONG before this "final" bill... way before the sale to LVNV. ============================= With that being said, I would like my "Ammendment to Answer to Summons" to read something like this: 1.1. disagree with the statements in paragraph 1 because Plaintiff has failed to provide standing. 2.1. disagree with the statements in paragraph 2 because Plaintiff has failed to define proof of the debt. "Exhibit A" appears to be fraudulent. The address of both Credit One and Defendants name and address look to be nothing more than mailing lablels that have been affixed to a bill for the purpose of litigation. 3.1. disagree with the statements in paragraph 3 because Plaintiff failed to make Defendant aware of said debt prior to bringing forth a lawsuit and when contacted by registered letter by Defendent, Plaintiff again failed to provide more than "Exhibit A". 4.1. disagree with the statements in paragraph 4 because this alleged debt is past the Statute of Limitations. 5.1. disagree with the statements in paragraph 5 because the account was, by the Plaintiffs own admission, as evidenced in "Exhibit A" charged off by originating collector as of 11/2008. Additionally, Plaintiff has failed to provide the date of the last payment on said credit card account. 6.1. disagree with the statements in paragraph 6 because Plaintiff has failed to provide legitimate evidence of said debt. Any suggestions will be greatly appreciated!!! Obviously, this forum has a lot, but I do need some brushing up on my minimal knowledge of how to go about this effectively !
  9. Savoir, Thank you so much for all your help and advice. I have finally been able to find some time to sift through some of this... and read more of the pinned notes, along with some others experiences. Thank goodness there are good people out here that can offer some knowledge, help and experience. It means a lot. And it is always fun to learn new things as well. Anon Amos, I feel the same about your advice. Really, really, really appreciate it! This whole thing came at such a bad time. My husband is disabled (diagnosed with MS in '99) and taking time to deal with this lawsuit is taking valuable time from an already strapped household. But the good people and good advice I have found here has saved me so much time! I am really, really grateful. I feel very confident in your help because it just makes a lot of sense, too!
  10. Savior, with the Capital One account... it was given to various CA's and over the course of time every time there was some collection effort on this the amount owed varied dramatically. I cannot help but wonder if one collection agency overlapped another and eventually the accout landed up with LVNV only to be confused with Credit One as opposed to Capital One. I mean.. what the H??? 2008 wasn't that long ago? Why is this the first time I have heard of this debt?
  11. Thanks so much for the help! I spent some time last night reading some other posts here initially seeming closely related to my case, and I read the thread by bmc100 for Those Being Sued by a JDB. I am starting to feel a little better about this. I am going to make an amendment with the court and will be working on that for the next day or so. I called the court and they said I can actually amend my statements all the way up to the date of the hearing. Apparently, the court here is pretty flexible, but I would still like to get it done within the 14 day time period, just to keep things simple and within standard time frames... just in case something should come back to bite me. Does anyone have any suggestions as to how my amendment should read and what I should write? I think first and foremost I need them to prove they own this debt. Anything else? The complaint has 5 points I need to respond to. Is it OK for me to go ahead and "answer" more than five, in other words, provide additional statements as to why I believe this debt is bogus? I am trying not to miss anything in my amendment. Thanks so much in advance! I am so glad I found this website... So much good information! Thanks to all of you!!!