the brat

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About the brat

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  1. Filed my Answer and related docs w/the Court (Notice of Appearance, Proof of mailing, etc.) w/fully copy to Attorney (Cert/RRR of course). Filings were posted on the Court site. Now I wait? Send RFP of supporting docs? Nothing was sent w/my S&C.
  2. @Anon Amos: thank you so much for your response. This forum helped me change my course of action in how to respond and what to/not include. I then whittled down to the most relevant/able to prove that would lead to dismissal. I didn't want to load the deck just to see what would stick.
  3. Thank you. WHAT a READ. I really appreciate your responses. I filed a general denial and included a small handful of affirmative defenses. However, even after so much research now I'm wondering if I made a mistake including any affirmative defenses at all.
  4. Thank you both for your responses. In my haste, I forgot to mention that if the Firm representing the named Plaintiff actually bought the debt, would they still name the OC as the Party in Interest? Pardon my "drilling down", but on my copy of the S&C the "stamp" from the Court was a Judge who had retired earlier in the year. The Judge's last name wasn't spelled correctly and they failed to note I was substitute served. I was suspicious and started googling because it seemed shady. I've heard of fake S&C's sent out by DC's and JDB's. So, I landed here (sadly a few weeks late) and have found a lot of helpful information. Sorry if I'm reading into this too much. I've never been sued before so this is totally new to me. I just thought it strange that Nelson & Kennard would call me at work a few weeks after I was served. Again, I'm new. IDK what is protocol.
  5. Newbie here. Tried to find this situation amongst the Forum. OC is Barclays Bank Delaware. They charged off my CC. Received calls for months from Nelson & Kennard. Was substitute served. I've tried to contact OC who passed my call to trakamerica (DC). My credit reports show charged off, closed by guarantor. So, N&K is a DC. Wondering how common it is for them to (or any DC) to not name themselves as True Plaintiff? The Cause of Action is Common Counts and not Breach, as you might expect in a cc case. No supportive documentation, just over $2K. I filed a general denial (verified, as was their complaint). Before I filed my Answer, they called me at work (via reception, told them to put them to voicemail. They didn't leave a message)! Thoughts? Shady, right?
  6. (newbie here) @ ASTMedic: whats's the latest? I.e. result of your PLD-050 filing?