rshaney

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About rshaney

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  1. @racecar So are you saying just to copy what you have word for word and send it to them, changing of course the JDb name? If so what is the second part where it starts after my name and signature, is that the seperation of questions versus requesting documentation? @BV80 Does that mean that I still have to proceed with the discovery even if they haven't filed the complaint? Seems to me that if it isn't even filed with the court, and I have already answered and prevented the default judgement, why would I want or need to continue to spend my time and resources if it isn't even registered with the court? I don't know, am I just being optimistic?
  2. Wow, as always great information, I have some work to do. Yes really I am not ready for trial, just wanted to make sure they didn't get a default judgement and maybe see if I can get them to settle for a minimal amount or dismiss. If not then I will be filing bankruptcy if it becomes clear that it is a losing battle. Thanks again for the info, I will read the court rules and follow up if I have any additional questions. You guys / gals are invaluable.
  3. I understand and thank you for the response. I figured the questions were generalized enough that it wouldn't really matter, but I will do that as well. Do you know any of the answers?
  4. First of all thank you to everyone that has offered help to this point, much appreciated. I sent the attorney for the JDB my answer, which included affermative defenses for both SOL and lack of standing. Today I received a letter back wanting me to contact the attorney to begin the discovery, or to settle for $20k, lol. Here's my questions if I can please get a little guidance. 1. The response still does not have a case number, does that mean it hasn't been filed, if so do I even need to respond at this point? 2. They have given me a time period of 14 days to respond, is this their time period or the courts, am I required to do this. 3. They have requested that we talk via phone for the discovery, do I have to do this or can i request we communicate via mail only? I am a little scared about saying something that could be held against me, so is this possible? 4. Am I allowed to threaten bankruptcy? Really if I lose this I will be filing anyways but am I able to tell them that in an effort to encourage either a dismissal or better settlement? Thanks again for all your help!
  5. Thanks for that, i was really having a tough time reading that and that seems to make sense. I just pulled my credit and saw that the attorney for the plantiff pulled my credit before serving me, this can't be legal can it? I searched and found another thread on this but didn't get too much info on it. Anyone know anything about this?
  6. @BV80 Is there a significance in what state I defaulted in? Can anyone comment on the statute that i posted above. How would I find out what the law of conflict of laws is for MN, I can't seem to find that one. Also does anyone know where I can get a bank of america credit card contract for 2007 from? Thank you to everyone for the input.
  7. Thanks again, very much. Here is what I found, if i am reading this correctly this should be time barred either by a Deleware clause in bank of americas contract or by the location of their headquarters, is that correct? I am however having a problem translating the Subd 2., what does that mean? 541.31 CONFLICT OF LAWS; LIMITATION PERIODS. Subdivision 1.General.(a) Except as provided by subdivision 2 and section 541.33, if a claim is substantively based: (1) upon the law of one other state, the limitation period of that state applies; or (2) upon the law of more than one state, the limitation period of one of those states chosen by the law of conflict of laws of this state applies. ( The limitation period of this state applies to all other claims. Subd. 2.Action arising out of state; resident plaintiff.If a cause of action arises outside of this state and the action is barred under the applicable statute of limitations of the place where it arose, the action may be maintained in this state if the plaintiff is a resident of this state who has owned the cause of action since it accrued and the cause of action is not barred under the applicable statute of limitations of this state.
  8. Thank you Spikey, so if I am reading this correctly the CA SOL which is shorter and would be time barred is out the window on this? Aside from that I do not have the agreement yet and was planning on asking for that during the discovery, but from what I understand it could have reference to using Deleware law, which again would make this time barred by their laws as well, so maybe that's an argument? Any advise on the lack of standing defense? Thanks again.
  9. Hello, First of all thank you to everyone that has contributed so much to this forum, the more I read the more valuable all this information becomes. I am very new to this and have been served and preparing my answer. Ihave a couple questions, really hope someone can help. My first question pertains to the SOL. My suit from a JDB with original debt from BofA was filed in my state of residence, MN. The debt however originated from when I lived in CA. Being that the SOL is different for the two states and would make a huge difference in my case which state's law is the court going to use? Second question is regarding lack of standing. Since this is a JDB and several years old and likely sold a couple times would using a lack of standing defense be a good idea in my answer, or as I have read in a couple of threads should I save it for later? Lastly, if I do use it in my answer how do I phrase it, I know that is a basic question but I can't seem to get an answer? Thanks in advance for any and all help.
  10. Hello, as you can see this is my first post, thanks in advance for any and all help. I was served 10 days ago in MN and since have been spending upwards of 2 hours per day researching how to deal with this situation, which leaves me 10 more days to respond. Today I read a very informative thread here.. http://www.creditinfocenter.com/community/topic/312714-standing-when-dealing-with-jdb/ Written by a couple very helpful individuals. I know this will probably sound really bad to some, so please don't rost me as I am completely new to all of this but here it goes..... How exactly do I word my answer to challenge standing? Thanks again!