postedup610

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About postedup610

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  1. Now comes the undersigned affiant, who having first been duly sworn and cautioned according to law, dispose and states as follows: 1. I am the authorized Rep for XXXXXXXX(hereafter the "Plaintiff"). I am authorized to make this affidavit on its behalf, and information below is true and correct to the best of my information on belief based on the Plaintiff’s business records. 2. I have personal knowledge regarding Plaintiff’s creation and maintenance of its normal business books and records, including computer records of its accounts receivables. This information was regular and contemporaneously maintained during the course of the Plaintiff’s business. 3. In the ordinary course of business, Plaintiff regularly acquires revolving credit account and/or other credit lines. The records provided to Plaintiff have been represented to include information provided by the original creditor or its successors in interest. Such information includes the debtor's name, social security number, account balance, the identity of the original creditor and the account number. 4. To the best of my knowledge and belief, the Defendant is not a minor or mentally incompetent person. 5. Based upon the business records maintained on account XXXXXXXXXX (hereafter "Account"), which are a compilation of the information provided upon accusation and information obtained since question, the account is the result of extension of credit to XXXXXXXX by XXXXXXXXXX, on or about XXXXXXXXXX said business records further indicate that Account was then owned by XXXXXXXXXXX sold or assigned XXXXXXXXX to Plaintiffs’ assignor which included the Defendant's Account XXXXXXXXX and on the Date Assignment, all ownership rights were assigned to, transferred to, and became vested in Plaintiff, including the right to collect the purchased balance owing of XXXXX. I affirm under penalty or perjury that the above facts are true and correct. The foregoing affidavit was signed to and subscribed before me this XXXXX March XxXX, 2013 Thank you so very much. I appreciate all the help.
  2. There is no other pending or resolved civil action arising out of the transaction or occurrence as alleged in the Complain. Now Comes the above named plaintiff, by and through its attorneys, XXXXXXXXX, for its Complaint states as follows: Jurisdictional Allegations 1. Plaintiff is the assignee of Defendant’s account issued by XXXXXXXX 2. Upon information and belief, Defendant Me resides XXXXXXXXXXXX(my old address, not where I was served at) 3. The amount in controversy, exclusive of interest and costs, is less than 25,000,000 4. On XXXXXXXXX 2006, defendant(s) opened an account with XXXXXXXX. An agreement (“Agreement”) was delivered to the Defendant (s) and to the best of Plaintiff’s knowledge, is in Defendant’s possession. 5. Defendant accepted the terms of the Agreement by use of the account. 6. Defendant(s) have failed to make payment as agreed upon and the account is default. 7. There is now due the sum of XXXXXXX as is stated in Plaintiff’s Account Statement, attached as Exhibit A and an Affidavit, attached as Exhibit B, plus pre-suit interest at the rate of 5 percent per annum on account number XXXXXXXXXXXXXXXX from 2008-2013 in the amount of XXXXXXXXX for a total due and owing XXXXXXXXXX 8. Despite repeated demands, Defendant(s) has failed to pay the amount due and the account is in default. 9. To avoid substantial injustice, Defendant(s) should be required to repay Plaintiff the sum due. Count 1 Breach of Contract 10. Plaintiff restates and re-alleges paragraphs 1 through 11 herein. 11. Defendant is in breach of contract by failing to pay for charges incurred as agreed upon and there remains an unpaid balance of XXXXXXXXX Count II Account Stated 12. Plaintiff restates and re-alleges paragraphs 1 through 11 herein 13. Defendant(s) received and retained billing statements on the XXXXXXXX and failed to object to the accuracy of these statements. 14. The account has become stated between the parties. Count III Unjust Enrichment 15. Plaintiff restates and re-alleges paragraphs 1 through 14 herein. 16. Defendant (s) received, accepted and benefited from the use of the XXXXXX account and Plaintiff has not been fully paid the reasonable and agreed upon value of said usage of the account. 17. Defendant(s) have been unjustly enriched to the detriment of the Plaintiff and are therefore indebted to the Plaintiff in the amount stated herein. Wherefore, Plaintiff request a judgment in its favor and against Defendant(s) in the amount of XXXXXXXX, together with interest continuing to accrue, and costs. Respectfully Submitted, XXXXXX Exhibit A Account Statement Original Issuer: XXXXXXX Unpaid balance as of XXXXx $XXXXXX My old address Account# XXXXXXXXXXXXXXX Exhibit B Plaintiff’s affidavit of Indebtedness and ownership of account. Then there are 5 clauses. Thank you again for all the help.
  3. How old is this alleged debt?Around 6 years? Is this a credit agreement or a promise to pay (written agreement for a one time purchase)? Credit agreement Approximately how much is the alleged debt for (round the figure either up or down)? Around $1,000 Do you have the alleged agreement? What are the terms?I do not. It is from Sterling Silver, Inc.
  4. 1. Who is the named plaintiff in the suit? LVNV Funding LLC 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Stenger & Stenger, P.C. 3. How much are you being sued for? Around $1,000 4. Who is the original creditor? (if not the Plaintiff) Sterling Jewlers Inc. 5. How do you know you are being sued? (You were served, right?) I was served at my door. 6. How were you served? (Mail, In person, Notice on door) In person 7/30 7. Was the service legal as required by your state? Yes Process Service Requirements by State - Summons Complaint 8. What was your correspondence (if any) with the people suing you before you think you were being sued? I have not made any correspondence 9. What state and county do you live in?\ Michigan 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) I do not know. Probably around late 2007 early 2008? 11. What is the SOL on the debt? To find out: Statute of Limitations on Debts 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). I was served 7/30/13 13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) No, not yet. I plan on writing the BBB 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 have not. 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. We need to know what the "charges" are. Please post what they are claiming. Did you receive an interrogatory (questionnaire) regarding the lawsuit? I believe I have 21 days to respond in writing and 28 in person. Here is an example of what the summons/complaint may look like: Sued by a Debt Collector - Learn How to Fight Debt Lawsuits 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. They attached two exhibits. Exhibit A is an account stament that was created by LNLV March 22, 2013 Exhibit B is Plantiff’s Affidavit of Indebtedness and Ownership of Account also created March 22, 2013.
  5. Thanks for all the help & clarification. Before I go to bed tonight I will reply to the questions. I again want to thank all of you for the help you have provided thus far!
  6. Sorry for all of the goof ups. Thank you for all the help you have provided thus far. The other two were account stated and unjust enrichment. Do I just replace the general information and replace it with my own? BMC100 said something about motioning to get the case dismissed. Is the above letter an answer, or will this be a motion to get the case dismissed? Again, Thank you!
  7. Hello everyone I am here because I need help. I am thankful this community is here, and I am willing to listen to any advice the experts have for me. Thank you in advance for all your hard work and help. I was summoned yesterday by a JDC called LVNV today. I need help getting this taken care of. I plan on representing myself. I read through BMC100's step by step guide, but I still have some questions. My first questions is should I start by sending a motion to have the case dismissed? I am using Savior's template which i found in BMC100's sticky to prepare the document. My first question is this template tailored for a dismissal? In the template it says "type the name of your pleading here" in the template, do I use one of the three*(I am confused as to what this means): "2. you have to respond to each numbered allegation in the complaint in one of the following three ways: MCR 2.111©(1)(2)(3). A. The Defendant denies this allegation in its entirety B. The Defendant admits this allegation in its entirety C. The Defendant lacks knowledge of information sufficient to form a belief as to the truth of the allegation, which has the effect of a denial." This was taken from BMC's sticky In my summoning there are 17 accusations, but only 3 counts. Do I go through each of the 17 accusations and choice one of the above? Or do I go through each count? I know you have to provide some sort of argument, and BMC100's suggested that you use, "1) Failure to state a claim and 2) Lack of Standing?" For example, the first allegation is Plantiff is the assignee of Defendant's account issued by Sterling Jewelers, Inc. In the body of the template would I write Allegation 1 The Defendant denies this allegation entirely because the Prosecution lacks standing Did I do this right? Or would it be something like this: Count 1: Breach of Contract The Defendant denies this allegation entirely because the Prosecution lacks standing. I have many more questions, but I think this is a good start.