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Everything posted by rshaney

  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 wi
  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
  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 limita
  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?
  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.. 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