Lostboy38

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Posts posted by Lostboy38


  1. Up Date:  I had their Settlement Offer looked at and signed it and returned it to their Attorney, this was on Sept 22, 2014, they received the letter a day or two later according to my CRRR, I think it has been long enough for them to have filed it but have heard nothing about it yet. 

     

    My hearing on the two motions I filed is scheduled for the 15th of Oct, so I am continuing with the idea that the case is still on.  I have prepared for the hearing and am almost prepared for the trial.  I am only missing one month of my bank statements, I have the statement from the month they are claiming I made the last payment and two months after that date but I can't locate the month before that date.  I have a request into my bank asking for the prior month just to make sure nothing is listed there.

     

    I am NOT going to drop my guard on this, until I have the Dismissal with Prejudice, that is signed and dated by the Judge and recorded by the Clerk in my hand I will continue to prepare for the trial on the 29th of October.


  2. DEBT VALIDATION FORM

     

    Account No:                                                  ************8917    (Again, wrong number)

     

    Identity of Original Creditor:                         Synchrony Bank

     

    Name of Debtor:                                           Me

     

    Address of Debtor:                                       My House

     

    Balance of Account:                                     $3k+

     

       (All of the above is in a table with each bit of information in it's own box)

     

    Debt was         Original Creditor    ____X____

     

                            Assigned               _________

     

                            Purchased             _________

     

    This is it, this is all that is on the Debt Validation Form


  3. Her letter states:

     

    Her Addy (Letter head)

     

    My Addy

     

    RE:  Synchrony Bank

            Regarding account number ending in ************8917  (FYI:This number doesn't match account number on monthly billing statements)

            Our File # G#######

     

     

         This communication is from a debt collector.  This is an attempt to collect a debt.

                             Any information obtained will be used for that purpose.

     

    Dear Mr. Me

     

          I am in receipt of your recent correspondence wherein a request for validation of the above-reference debt was made.  Pleas be advised that Synchrony Bank is the issuer of a Sam's Club credit account.

     

          Attached to this correspondence please find a Debt Validation Form and copies of the monthly billing statements for the subject credit account.

     

          Please call me at 248-306-2000, extension 106 to discuss this matter further.

     

    Respectfully yours,

     

    MJE

    LMRM

    Atty at Law


  4. I don't have her letter in front of me atm, but I will be putting the information here tonight after I get home.

     

    In all my Credit Reports, PRA (before they deleted themselves off my CR) claimed to have purchased the debt from GE and GE claims to have sold/transferred the account and did a charge-off.

     

    To the best of my knowledge, this is another one of those debts that was opened by a close relative in my name. 


  5. Well, MJE finally responded to my Validation Letter after 67 days.  She sent a "Validation Form" created by MJE, and several monthly billing statements. 

     

    I looked at some of my old credit reports from earlier this year and it states on the GE trade line that the account was sold and charged off.  I haven't taken/had the time to research the old PRA suit, I hope to get that done tonight after I get home.

     

    She hasn't filed anything with the courts yet, but if she does, isn't she breaking a few regulations?  And if she is claiming to represent the OC, does the FDCPA have any pull here?


  6. @shellieh98

    If I were to pursue this suit, isn't the most I would be losing is the initial amount claimed (<$2k) + attorney fees and a little interest?  It would almost with worth the risk if I were, as a Pro Se, to get a win against one of the bigger Outhouse law firms. 

     

    Someone once mentioned that most good lawyers won't take on a case that someone has started in Pro Se, but what if that someone, in Pro Se, actually won at trial, would a lawyer be willing to pick up a defense to fight an appeal?


  7. @BV80

     

    I really see this as being a great big headache and I would have to prove the affidavits were robo-signed by them and that it would be near impossible to do that, as I am only a truck driver and not a lawyer.

     

    I have went through my bank records as far back as Jan 2009 (I have nothing before that time available to me) and found nothing being paid to the OC or anyone else on this debt.  I'm pretty positive that the SOL is past on this debt and I'm pretty sure that the Plaintiff's attorney knows this as well because of the wording in the Agreement.  It angers me to think that I could be letting them off the hook so easily but I should take it as a victory and sign the Agreement.

     

    The Release of Unknown Claims has me a little nervous too, what if they file additional claims between the time I sign the Agreement and the time they file the agreement?  Can I add a hand written note under my signature that states something like, "Defendants signature on this agreement is only valid if Agreement is filed with the court within 5 days of the date of the signature."?


  8. In both my suits, the Plaintiff only has to file the complaint using minimal information, just in case you don't show up and they get a default judgment, which is what they really want, the court sets up a Pre-Trial to figure out whether or not both side want to settle or go to trial.  He then sets up a Discovery period, usually 60 days or so, he may give you another 21 days to respond to the summons and complaint, (if he does this, research your response and make corrections, it will be your only chance.)  Motions are generally heard only after the discovery period.  It is my understanding that if you request discovery between getting your summons and the pre-trial, it can be ignored by the opposing side.  Good Luck.


  9. What would the down side be if I continue fighting this suit?  Their claim is for less than $2k.  I believe I have a 90% chance of winning this in open court.  They have failed in answering Discovery, my Motions are to be heard on the 15th of next month.  The Judge is clearly agitated with the Plaintiff about the Motions.  I know they have no Standing, I truly believe the SOL is way past, and my Defense of Unclean Hands for Midland Funding and MCM on their affidavits and documents should be able to be supported because of all the suits being won against them for Robo-signing.


  10. @shellieh98  Thanks, I did not think of that.  It does cover their butts.  No money is to exchange hands and the suit will be dropped with prejudice.  I know the right thing to do is sign the Agreement and be done with it, it is a clear victory for me and all the great people here on CIC but they must have some reason for wanting to settle this before trial. 


  11. And here we go again with the attorney thing.  "Agreement Fully Read and Understood.  This Agreement has been carefully read by the undersigned and the contents are known and understood by the undersigned.  The recitals stated above are incorporated herein by reference.  Prior to execution of this Agreement by each party, the undersigned's attorneys reviewed the Agreement, and the undersigned acknowledge that they have executed this Agreement after independent investigation and without fraud, duress, or undue influence."   Are they trying to get me to sign another document that has me stating I have consulted or have an attorney?  I am one of the "undersigned" after all.